PART 218—ANNUITY BEGINNING AND ENDING DATES Authority: 45 U.S.C. 231f(b)(5). Source: 54 FR 30725, July 24, 1989, unless otherwise noted. Subpart A—General § 218.1 Introduction. This part tells when a person's entitlement to a monthly railroad retirement annuity begins and ends. Ordinarily, an annuity begins on the earliest date permitted under the Railroad Retirement Act (Act). This part also tells when and how a person may select a later beginning date. Included is an explanation of how work and certain types of special payments affect the beginning date of an employee or spouse annuity. § 218.2 Definitions. As used in this part: Applicant Application Award Claimant Filing date Tier I benefit Tier II benefit § 218.3 When an employee disappears. (a) General. (b) Employee has a current connection. (i) The employee has a current connection with the railroad industry as defined in part 216 of this chapter, and (ii) The employee's spouse is entitled, or would have been entitled if he or she had filed an application, to a spouse annuity in the month that the employee disappeared. (2) If the employee is later found to have been alive during any month for which a survivor annuity was paid, the amount of any incorrect payment must be recovered under the rules of part 255, Erroneous Payments, of this chapter. The incorrect payment is the amount of any survivor benefits which were paid minus any spouse benefits which were paid minus any spouse benefits that would have been paid. (c) Employee has no current connection. (1) The employee's death is established. (2) The spouse annuity ends for another reason. Subpart B—When an Annuity Begins § 218.5 General rules. (a) An annuity begins either on the earliest date permitted by law, or on a specific date chosen by the applicant. If the applicant chooses a specific date, that date must not be before the earliest date permitted by law. (b) An annuity may not begin on the thirty-first day of a month, unless the claimant would lose benefits if the annuity begins on the first day of the following month. No annuity is payable for the thirty-first day of any month. § 218.6 How to choose an annuity beginning date. (a) When application is filed. (1) Naming the month, day and year in an application accepted by the Board; or (2) Including with the application a signed statement which tells the date (month, day and year) when the annuity should begin. (b) After application is filed. (Approved by the Office of Management and Budget under control numbers 3220-0002, 3220-0030 and 3220-0042) § 218.7 When chosen annuity beginning date is more than three months after filing date. If the applicant for any type of annuity other than a disability annuity, or a spouse annuity based upon the disabled applicant's compensation, chooses an annuity beginning date in a month which is more than three months after the date the application is filed, the Board will deny the application as explained in part 217 of this chapter. The applicant must file a new application no earlier than three months before the month he or she wants the annuity to begin. (Approved by the Office of Management and Budget under control numbers 3220-0002, 3220-0030 and 3220-0042) § 218.8 When an individual may change the annuity beginning date. (a) Before annuity is awarded. (1) The claimant requests the change in a signed statement; and (2) The statement is received by the Board on or before the date of the claimant's death. (b) After annuity is awarded. (1) The annuitant requests the change in a signed statement; (2) The statement is received by the Board on or before the date of the annuitant's death; (3) The annuitant shows that it is to his or her advantage to have a later annuity beginning date; and (4) All payments made for the period before the later annuity beginning date are recovered by cash refund or setoff. § 218.9 When an employee annuity begins. (a) Full-age annuity (1) The day after the day the claimant last worked for a railroad employer; (2) The first day of the month in which the claimant attains full retirement age; or (3) The first day of the sixth month before the month in which the application is filed. (b) Reduced-age annuity (1) The day after the day the claimant last worked for a railroad employer; (2) The first day of the first full month in which the claimant is age 62; or (3) The first day of the month in which the application is filed if the claimant does not have a spouse (or divorced spouse) who would be entitled to a retroactive unreduced spouse (or divorced spouse) annuity. If the claimant has such a spouse (or divorced spouse) the claimant's annuity can begin on the first day of the month in which the spouse (or divorced spouse) annuity begins. (c) Disability annuity. (1) The day after the day the claimant last worked for a railroad employer; (2) The first day of the twelfth month before the month in which the application is filed; (3) The first day of the sixth month after the month of disability onset; or (4) The first day of the month of disability onset if the claimant was previously entitled to an employee disability annuity which ended within five years of the current disability onset month. (d) Annuity based on at least 30 years of service. (1) The day after the day the claimant last worked for a railroad employer; (2) The first day of the first full month in which the claimant is age 60; or (3) The first day of the sixth month before the month in which the application is filed. [54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003; 91 FR 29362, May 20, 2026] § 218.10 When a supplemental annuity begins. An employee supplemental annuity begins on the latest of— (a) The beginning date of the employee age or disability annuity; (b) The first day of the month in which the employee meets the age and years of service requirements as shown in part 216 of this chapter; or (c) The first day of the twelfth month before the month in which the employee disability annuitant under age 65 gives up the right to return to work as explained in part 216 of this chapter. § 218.11 When a spouse annuity begins. (a) A spouse annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law. (b) Earliest date permitted by law General rules. (i) The day after the day the claimant last worked for a railroad employer; (ii) The beginning date of the employee annuity; (iii) The first day of the month in which the claimant meets the marriage requirement as shown in part 216 of this chapter; or (iv) The first day of the month in which the employee annuitant meets the age requirement to qualify the claimant as shown in part 216 of this chapter. (2) Full-age annuity. (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the month in which the claimant meets the age requirement as shown in part 216 of this chapter; or (iii) The first day of the sixth month before the month in which the application is filed. (3) “Child in care” annuity. (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the month in which the claimant becomes eligible for a spouse annuity based on having a “child in care” as shown in part 216 of this chapter; or (iii) The first day of the sixth month before the month in which the application is filed. (4) Reduced-age annuity. (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the first full month in which the spouse is age 62 if the employee has less than 30 years of service; (iii) The first day of the month in which the spouse is age 60, if the employee has at least 30 years of service; (iv) The first day of the sixth month before the month in which the application is filed; or (v) The first day of the month in which the application is filed if beginning the annuity in an earlier month would increase the age reduction factor applied to the annuity. § 218.12 When a divorced spouse annuity begins. (a) A divorced spouse annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law. (b) Earliest date permitted by law General rules. (i) The day after the day the claimant last worked for a railroad employer; (ii) The beginning date of the employee annuity; (iii) The first day of the first full month in which the employee annuitant is age 62 if the employee has not been granted a period of disability; (iv) The first day of the month in which the employee annuitant attains age 62 if the employee has been granted a period of disability; or (v) The first day of the month in which the final decree of divorce is effective. (2) Full-age annuity. (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the month in which the claimant attains full retirement age; (iii) The first day of the twelfth month before the month in which the application is filed if the employee is a disability annuitant or has been granted a period of disability; or (iv) The first day of the sixth full month before the month in which the application is filed if the employee is not entitled to a disability annuity or a period of disability. (3) Reduced-age annuity. (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the first full month the claimant is age 62 if the application is filed in or before that month; or (iii) The first day of the month in which the application is filed. [54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003] § 218.13 When a widow(er) annuity begins. (a) A widow(er) annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law. (b) Earliest date permitted by law Full-age annuity. (i) The first day of the month in which the employee dies; (ii) The first day of the month in which the claimant attains full retirement age; or (iii) The first day of the sixth month before the month in which the application is filed. (2) Reduced-age annuity Widow(er) age 60 through age 62. (A) The first day of the month in which the employee dies; (B) The first day of the month in which the claimant attains age 60; or (C) The first day of the sixth month before the month in which the application is filed. (ii) Widow(er) over age 62 but under full retirement age. (A) The first day of the month in which the employee dies; (B) The first day of the month in which the claimant attains age 62 and one month; or (C) The first day of the month in which the application is filed. (3) Disability annuity. (i) The first day of the month in which the employee dies; (ii) The first day of the month in which the claimant attains age 50; (iii) The first day of the twelfth month before the month in which the application is filed; or (iv) The first day of the sixth month after the month of disability onset. (4) “Child in care” annuity. (i) The first day of the month in which the employee dies; (ii) The first day of the month in which the claimant becomes eligible for a widow(er) annuity based on having a “child in care” as explained in part 216 of this chapter; or (iii) The first day of the sixth month before the month in which the application is filed. [54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003] § 218.14 When a child annuity begins. (a) A child annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law. (b) Earliest date permitted by law General rules. (i) The first day of the month in which the employee dies; or (ii) The first day of the month in which the claimant becomes eligible for a child annuity as explained in part 216 of this chapter. (2) Child age annuity. (i) The month shown in paragraph (b)(1) of this section; or (ii) The first day of the sixth month before the month in which the application is filed. (3) Child annuity based on full-time school attendance. (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the sixth month before the month in which the application is filed; (iii) The first day of the month in which the claimant is in full-time school attendance at an elementary or secondary educational institution; or (iv) The first day of the month in which the claimant attains age 18. (4) Child disability annuity. (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the sixth month before the month in which the application is filed; (iii) The first day of the month in which the claimant meets the definition of disability as explained in part 220; or (iv) The first day of the month in which the claimant attains age 18. § 218.15 When a parent annuity begins. A parent annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law. The earliest date permitted by law is the latest of— (a) The first day of the month in which the employee dies; (b) The first day of the month in which the claimant attains age 60; or (c) The first day of the sixth month before the month in which the application is filed. § 218.16 When a surviving divorced spouse annuity begins. (a) A surviving divorced spouse annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law. (b) Earliest date permitted by law General rules. (i) The first day of the month in which the employee dies; or (ii) The first day of the month in which the claimant becomes eligible for a surviving divorced spouse annuity as shown in part 216 of this chapter. (2) Full-age annuity. (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the month in which the claimant attains full retirement age; or (iii) The first day of the sixth month before the month in which the application is filed. (3) Reduced age annuity. (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the month in which the claimant attains age 60; or (iii) The first day of the month in which the application is filed or the first day of the month preceding the month in which the application is filed if the employee died in that preceding month. (4) Disability annuity. (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the month in which the claimant attains age 50; (iii) The first day of the twelfth month before the month in which the application is filed; or (iv) The first day of the sixth month after the month of disability onset. (5) “Child in care” annuity. (i) The month shown in paragraph (b)(1) of this section; or (ii) The first day of the sixth month before the month in which the application is filed. [54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003] § 218.17 When a remarried widow(er) annuity begins. (a) A remarried widow(er) annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law. (b) Earliest date permitted by law General rules. (i) The first day of the month in which the employee dies; or (ii) The first day of the month in which the claimant becomes eligible for a remarried widow(er) annuity as shown in part 216 of this chapter. (2) Full-age annuity. (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the month in which the claimant attains full retirement age; or (iii) The first day of the sixth month before the month in which the application is filed. (3) Reduced-age annuity. (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the month in which the claimant attains age 60: or (iii) The first day of the month in which the application is filed or the first day of the month preceding the month in which the application is filed if the employee died in that preceding month. (4) Disability annuity. (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the month in which the claimant attains age 50; (iii) The first day of the twelfth month before the month in which the application is filed; or (iv) The first day of the sixth month after the month of disability onset. (5) “Child in care” annuity. (i) The month shown in paragraph (b)(1) of this section; or (ii) The first day of the sixth month before the month in which the application is filed. [54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003] Subpart C—How Work and Special Payments Affect an Employee, Spouse, or Divorced Spouse Annuity Beginning Date § 218.25 Introduction. The rules in this subpart apply only to an employee, spouse, divorced spouse, and supplemental annuity. They do not apply to any type of survivor annuity. § 218.26 Work started after annuity beginning date. (a) General. (b) Intent to retire Disability annuity. (i) The employee files for a disability annuity; or (ii) The employee gives up all rights to return to work for a railroad employee before starting any new work. (2) Age annuity. § 218.27 Vacation pay. (a) From railroad employer. (b) From non-railroad employer. § 218.28 Sick pay. (a) From railroad employer. (b) From non-railroad employer. § 218.29 Pay for time lost. Pay for time lost because of personal injury must be credited to an actual period of time lost. The annuity can begin no earlier than the day after that period ends. § 218.30 Separation, displacement or dismissal allowance. (a) General. (b) Separation allowance. (c) Monthly compensation payments. Subpart D—When an Annuity Ends § 218.35 When an employee age annuity ends. An employee annuity based on age ends with the last day of the month before the month in which the employee dies. § 218.36 When an employee disability annuity ends. (a) Ending date. (1) The last day of the month before the month in which the employee dies; (2) The last day of the second month following the month in which the employee's disability ends; or (3) The last day of the month before the month in which the employee attains full retirement age (the disability annuity is changed to an age annuity). (b) Effect of ended disability annuity on eligibility for a later annuity. [54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003] § 218.37 When a supplemental annuity ends. A supplemental annuity ends when the employee age or disability annuity ends. § 218.38 When a spouse annuity ends. (a) General rules. (1) The last day of the month before the month in which the spouse dies; (2) The last day of the month before the month in which the employee dies or the employee's entitlement to an annuity ends; (3) The last day of the month before the month in which the spouse's marriage to the empoyee is ended by absolute divorce, annulment, or other judicial action (the spouse may be entitled to a divorced spouse annuity as explained in part 216 of this chapter); or (4) The month shown in paragraphs (b) and (d) of this section. (b) Annuity entitlement based on “child in care.” (1) The last day of the month shown in paragraphs (a) and (d) of this section; (2) The last day of the month before the month in which the child is no longer in the spouse's care, as explained in part 216 of this chapter; (3) The last day of the month before the month in which the child attains age 18 and is not disabled; (4) The last day of the month before the month in which the child marries; (5) The last day of the month before the month in which the child dies; or (6) The last day of the second month after the month in which the child's disability ends, if the child is over age 18. (c) Tier I benefit entitlement based on “child in care.” (1) The last day of the month shown in paragraphs (a) and (d) of this section; (2) The last day of the month before the month in which the child is no longer in the spouse's care as explained in part 216 of this chapter; (3) The last day of the month before the month in which the child attains age 16 and is not disabled; (4) The last day of the month before the month in which the child marries; (5) The last day of the month before the month in which the child dies; or (6) The last day of the second month after the month in which the child's disability ends, if the child is over age 16. (d) Entitlement based on deemed marriage. (1) The last day of the month shown in paragraphs (a) and (b) of this section; (2) The last day of the month before the month in which the deemed spouse enters a valid marriage with someone other than the employee; or (3) The last day of the month before the month in which the Board approves an award to someone else as the employee's legal spouse. § 218.39 When a divorced spouse annuity ends. A divorced spouse annuity ends with the earliest of the last day of the month before the month in which the— (a) Divorced spouse dies; (b) Employee's entitlement to an annuity ends; (c) Divorced spouse marries; (d) Employee dies; or (e) Divorced spouse becomes entitled to a retirement or disability insurance benefit under the Social Security Act based on a primary insurance amount which equals or exceeds the amount of the full divorced spouse annuity before reduction for age. § 218.40 When a widow(er) annuity ends. (a) Entitlement based on age. (1) The widow(er) dies; (2) The widow(er) remarries (the widow(er) may be entitled to benefits as a remarried widow(er) as explained in part 216 of this chapter); (3) The widow(er) becomes entitled to another survivor annuity in a larger amount, unless he or she elects to be paid the smaller annuity; or (4) The Board approves an award to someone else as the employee's legal widow(er) if entitlement is based on a deemed valid marriage. (b) Disabled widow(er). (1) The last day of the month shown in paragraph (a) of this section; (2) The last day of the second month following the month in which the disability ends; or (3) The last day of the month before the month in which the widow(er) attains age 60 (the disability annuitant then becomes entitled to an annuity based upon age). (c) Annuity entitlement based on “child in care.” (1) The last day of the month shown in paragraph (a) of this section; (2) The last day of the month before the month in which the child is no longer in the widow(er)'s care as explained in part 216 of this chapter (in this case entitlement to the annuity does not terminate, but no annuity is payable while the child is no longer in care); (3) The last day of the month before the month in which the child attains age 18 and is not disabled; (4) The last day of the month before the month in which the widow(er) attains full retirement age (the “child in care” annuity is changed to an age annuity); (5) The last day of the month before the month in which the child marries; (6) The last day of the month before the month in which the child dies; or (7) The last day of the second month after the month in which the child's disability ends, if the child is over age 18. (d) Tier I benefit entitlement based on child in care. (1) The last day of the month shown in paragraph (a) of this section; (2) The last day of the month before the month in which the child is no longer in the widow(er)'s care as explained in part 216 of this chapter; (3) The last day of the month before the month in which the child attains age 16 and is not disabled; (4) The last day of the month before the month in which the child marries; (5) The last day of the month before the month in which the child dies; or (6) The last day of the second month after the month in which the child's disability ends, if the child is over age 16. [54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003] § 218.41 When a child annuity ends. A child annuity ends with the earliest of— (a) The last day of the month before the month in which the child marries; (b) The last day of the month before the month in which the child dies; (c) The last day of the month before the month in which the child attains age 18 if the child is not eligible for an annuity as a disabled or student child; (d) The last day of the last month in which the child is considered a full-time student, as defined in part 216 of this chapter, if the child is a full-time student age 18 through 19; or (e) The last day of the second month after the month in which the child's disability ends, if the child is over age 18. § 218.42 When a parent annuity ends. (a) Tier I. (1) Dies; (2) Becomes entitled to an old age benefit under the Social Security Act that is equal to or larger than the tier I benefit of the parent annuity before any reduction for the family maximum, unless he or she is also entitled to a tier II benefit (reduction for the family maximum is discussed in part 228 of this chapter); (3) Becomes entitled to another survivor annuity in a larger amount, unless he or she elects to be paid the smaller annuity; or (4) Remarries after the employee's death, unless he or she marries a person who is entitled to Social Security or Railroad Retirement Act benefits as a divorced spouse, widow, widower, mother, father, parent, or disabled child. (b) Tier II. (1) Dies; (2) Remarries after the employee's death; or (3) Becomes entitled to another survivor annuity in a larger amount, unless he or she elects to be paid the smaller annuity. § 218.43 When a surviving divorced spouse annuity ends. (a) Entitlement based on age. (1) Dies; (2) Becomes entitled to an old age benefit under the Social Security Act that is equal to or larger than the amount of the full surviving divorced spouse annuity before reduction for age; or (3) Becomes entitled to a spouse or survivor annuity in a larger amount, unless he or she elects to be paid the smaller annuity. (b) Entitlement based on disability. (1) The last day of the month shown in paragraph (a) of this section; (2) The last day of the second month following the month in which the disability ends; or (3) The last day of the month before the month in which the surviving divorced spouse attains full retirement age (the disability annuitant then becomes entitled based upon age). (c) Entitlement based on “child in care.” (1) The last day of the month shown in paragraph (a) of this section; (2) The last day of the month before the month in which the child is no longer in the surviving divorced spouse's care, as explained in part 216 of this chapter (in this case entitlement to the annuity does not terminate, but no annuity is payable while the child is no longer in care); (3) The last day of the month before the month in which the child attains age 16, unless the child is disabled; (4) The last day of the month before the month in which the surviving divorced spouse remarries unless the marriage is to an individual entitled to a retirement, disability, widow(er)'s, father's/mother's, parent's or child's disability benefit under the Railroad Retirement Act or Social Security Act; (5) The last day of the second month after the month in which the child's disability ends, if the child is over age 16; or (6) The last day of the month before the month in which the surviving divorced spouse attains full retirement age (the annuitant then becomes entitled to an annuity based upon age). [54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003] § 218.44 When a remarried widow(er) annuity ends. (a) Entitlement based on age. (1) Dies; (2) Becomes entitled to an old age benefit under the Social Security Act that is equal to or larger than the amount of the full remarried widow(er) annuity before reduction for age or the family maximum (see part 228 of this chapter); or (3) Becomes entitled to a spouse or survivor annuity in a larger amount, unless he or she elects to be paid the smaller annuity. (b) Entitlement based on disability. (1) The last day of the month shown in paragraph (a) of this section; (2) The last day of the second month following the month in which the disability ends; or (3) The last day of the month before the month in which the remarried widow(er) attains full retirement age (the disability annuitant then becomes entitled to an annuity based upon age). (c) Entitlement based on “child in care.” (1) The last day of the month shown in paragraph (a) of this section; (2) The last day of the month before the month in which the child is no longer in the remarried widow(er)'s care, as explained in part 216 of this chapter (in this case entitlement to the annuity does not terminate but no annuity is payable while the child is no longer in care); (3) The last day of the month before the month in which the child attains age 16, unless the child is disabled; (4) The last day of the month before the month in which the remarried widow(er) remarries unless the marriage is to an individual entitled to a retirement, disability, widow(er)'s, father's/mother's, parent's or child's disability benefit under the Railroad Retirement Act or Social Security Act; (5) The last day of the second month after the month in which the child's disability ends, if the child is over age 16; or (6) The last day of the month before the month in which the remarried widow attains full retirement age (the annuitant then becomes entitled to an annuity based upon age). [54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003]