20 C.F.R. § 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.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2021–2021 · leading case: Stacy Renee Lofton v. James Warren Lofton (Tenn. Ct. App. 2021).
Stacy Renee Lofton v. James Warren Lofton (Tenn. Ct. App. 2021). “Although the ten-year marriage requirement referred to by Husband is a requirement for a divorced spouse annuity, see 20 C.F.R. § 216.52 and 20 C.F.R. § 222.22 ,4 it simply is inapplicable to a court’s ability to partition a railroad employee’s annuity incident to a final decree…”
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