Spouse Marriage Requirement

Your spouse can be included in the Special Guaranty computation if your spouse meets one of the following marriage requirements. Your spouse:

• has been married to the you for at least one year immediately prior to filing for the Special Guaranty increase;
• is the natural parent of your child;
• was eligible for a widow(er)’s, parent’s, or disabled child’s annuity under the RRA in the month before the month of marriage to you; or,
• was entitled or potentially entitled to widow(er)'s, parent's, or childhood disability benefits under the Social Security Act in the month before the month of marriage to you.

Spouse Entitled Based on Child-in-Care

If your spouse has your "child-in-care" who is under age 16 or who became totally and permanently disabled before attaining age 22, your spouse can be included in the Special Guaranty computation at any age.

A child is in your spouse's care if your spouse exercises parental control over, and is responsible for, the welfare and care of the child. A child who is permanently disabled, but mentally competent, is considered to be "in care" if your spouse performs personal services. The RRB will make the final determination regarding the personal services performed and whether or not they constitute the child being in your spouse’s care.

Spouse Age Requirement

If your spouse does not have your child-in-care, your spouse must be age 62 for a full month to be included in the Special Guaranty based on age.

Spouse Election Cases

Refer to Booklet RB-30, "Spouse/Divorced Spouse Annuity" to determine the employee age requirement to qualify a spouse for an RRA spouse annuity. Your spouse can elect to be included in the Special Guaranty computation by accepting an age reduction if:

• you are an employee disability annuitant who has not attained the age requirement to qualify a spouse for an RRA annuity; and,
• your spouse is at least age 62, but less than Full Retirement Age.

This spouse age reduction will continue to apply even after your spouse becomes entitled to an RRA spouse annuity. If this provision could apply to your family, request further information from your nearest RRB field office.

Eligible Children

The term "children" means your dependent and unmarried: natural children, adopted children, stepchildren, or, under certain conditions, your grandchildren whose parents are deceased or disabled. Children may be included in the Special Guaranty computation if they are:

• under age 18;
• age 18 or older and qualify as disabled children; or,
• age 18-19 and qualify as full-time students.

Definition of Unmarried Child

The minor children, disabled children, or students must be unmarried to be included in the Special Guaranty computation. They are unmarried if:

• they have never been married; or,
• they were married before the Special Guaranty computation became payable and that marriage ended by death, divorce, or annulment.

If minor children or students marry after being included in the Special Guaranty computation, their entitlement will end. They will never again be eligible to be included in the Special Guaranty computation.

If disabled children marry after being included in the Special Guaranty computation, their entitlement will usually end. However, disabled children age 18 or over can marry any social security beneficiary other than a minor child or full-time student, without loss of benefits.

Disabled Children

Children can be included in the Special Guaranty at age 18, or older, if they have a permanent disability that began before they attained age 22 that makes them unable to perform any type of regular employment.

The RRB will require medical evidence of their disability when these children attain age 18.

Full-Time Students

Children can be included in the Special Guaranty as full-time students if they are age 18 through age 19 and in full-time school attendance in elementary or secondary school. Children are in full-time school attendance if they are participating in a course of study lasting at least 13 weeks for at least 20 hours per week. These courses may be at educational institutions or by home schooling approved by the states in which the students live.

Student benefits are explained in more detail in booklet G-316 "Railroad Retirement Benefits For Students Age 18-19 in Elementary or Secondary School".