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 G—Widow(er), Surviving Divorced Spouse, and Remarried Widow(er) Annuities (§216.60 to §216.68) > 216.66—Who is an employee's surviving divorced spouse.

216.66—Who is an employee's surviving divorced spouse.

An individual who was married to the employee is the deceased employee's surviving divorced spouse if he or she:
(a) Was married to the employee for a period of at least 10 years immediately before the date the divorce became final, and applies for an annuity based on age or disability; or
(b) Applies for an annuity based on having a “child in care” and either:
(1) Is the natural parent of the employee's child;
(2) Was married to the employee at the time the employee or the surviving divorced spouse adopted the other's child who was then under 18 years old; or
(3) Was married to the employee at the time they adopted a child who was then under 18 years old.