20 CFR 228.21
§ 228.21 Entitlement as a spouse or divorced spouse and as a survivor.
United States · 20 CFR — Employees' Benefits · Status: effective
Cite this
- Citation
- 20 CFR 228.21, § 228.21 Entitlement as a spouse or divorced spouse and as a survivor, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/77468
- Permanent ID
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8bc4c3892b889eefedc21169aad392e82041cdc990f8956fb94142ac69c8bfba
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Full text
If an individual is entitled to both a spouse or divorced spouse and survivor annuity, only the larger annuity will be paid. However, if the individual so chooses, he or she may receive the smaller annuity rather than the larger annuity.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.