20 CFR 216.52
§ 216.52 Who is eligible for an annuity as a divorced spouse.
United States · 20 CFR — Employees' Benefits · Status: effective
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- Citation
- 20 CFR 216.52, § 216.52 Who is eligible for an annuity as a divorced spouse, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/77048
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Full text
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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.