---
kind: "section"
citation: "20 C.F.R. § 229.20"
title: "20"
number: "229.20"
heading: "When an employee is eligible for an increase under the overall minimum."
url: "https://uscodex.org/cfr/20/229.20"
---

# §229.20. When an employee is eligible for an increase under the overall minimum.

- (a) **Overall minimum based on age.** An employee annuity can be increased under the age O/M if all the following conditions are met:
  - (1) **The employee is entitled to an age or disability annuity as shown in part 216 of this chapter.**
  - (2) **The employee is at least 62 years old throughout the whole month.** The O/M is reduced for each month it is payable before the month the employee attains retirement age.
  - (3) The employee is fully insured under section 214 or 227 of the Social Security Act based on railroad and social security earnings.
- (b) **Overall minimum based on disability.** An employee annuity can be increased under the DIB O/M if the employee is under retirement age, and
  - (1) Is entitled to an age or disability annuity; and
  - (2) Is disabled under [§ 404.1505](/cfr/20/404.1505.md) of this title; and
  - (3) Is insured for a disability benefit under [§ 404.130](/cfr/20/404.130.md) of this title based upon combined railroad and social security earnings.
- (c) **Spouse with child in care or spouse retirement age or older.** If the employee has not attained the age required to qualify the spouse for a spouse annuity but the employee meets the conditions of paragraph [(a)](#a) or [(b)](#b) of this section, the employee annuity can be increased under the overall minimum if:
  - (1) The employee and spouse complete the required statements concerning the family and earnings as provided for in [§ 229.4](/cfr/20/229.4.md) of this part; and
  - (2) The spouse meets the marriage requirements as provided for in [part 222](/cfr/20/part222.md) of this chapter; and
  - (3) **The spouse has an eligible child in care, or the spouse is retirement age or older.**
- (d) **Spouse election.** If the employee has not attained the age required to quality the spouse for a spouse annuity but the employee meets the conditions of paragraph [(a)](#a) or [(b)](#b) of this section, the employee annuity can be increased under the overall minimum if:
  - (1) The employee and spouse complete the required statements concerning the family and earnings as provided for in [§ 229.4](/cfr/20/229.4.md) of this part; and
  - (2) The spouse meets the marriage requirements as provided for in [part 222](/cfr/20/part222.md) of this chapter; and
  - (3) The spouse is between age 62 and retirement age and does not have a child in care; and
  - (4) **The spouse files an election to be included.**

## Notes

### Authority

Authority: 45 U.S.C. 231(f)(b)(5).

### Source

Source: 58 FR 53397, Oct. 15, 1993, unless otherwise noted.