CFR > Title 20 - Employees' Benefits > CHAPTER II—RAILROAD RETIREMENT BOARD > SUBCHAPTER B—REGULATIONS UNDER THE RAILROAD RETIREMENT ACT (parts 201 to 295) > PART 216—ELIGIBILITY FOR AN ANNUITY > SUBPART F—Spouse and Divorced Spouse Annuities (§216.50 to §216.54) > 216.52—Who is eligible for an annuity as a divorced spouse.

216.52—Who is eligible for an annuity as a divorced spouse.

To be eligible for a divorced spouse annuity, the employee annuitant must be at least age 62 and the divorced spouse (see § 222.22 of this chapter) must:
(a) Be the divorced wife or husband of an employee;
(b) Stop work for a railroad employer;
(c) Not be entitled to an old-age or disability benefit under the Social Security Act based on a primary insurance amount that is equal to or greater than one-half of the employee's tier I primary insurance amount; and either
(d) Have attained retirement age; or
(e) Have attained age 62 but be under retirement age. The annuity is reduced for each month the spouse is under retirement age at the time the annuity begins.