A spouse annuity under the Railroad Retirement Act (RRA) is a monthly amount paid to the wife or husband of a retired railroad employee. A divorced spouse annuity under the RRA is a monthly amount paid to a person who is legally divorced from the employee. Included are the requirements you must meet to receive a spouse or divorced spouse annuity.

Shorten the processing time for your annuity application by submitting proof of your date of birth and proof of marriage or divorce to your local Railroad Retirement Board (RRB) office now. Booklet RB-3 "Furnishing Evidence to Support Your Claim" will explain acceptable evidence for proof of age and proof of marriage or divorce.

Whenever sending documents to the RRB, always include your name, social security number, and daytime telephone number where you can be reached.

You may file your application up to three months before your annuity beginning date. We recommend that you read this booklet and read booklet RB-3 "Furnishing Evidence to Support Your Claim" before you file your annuity application.

Marriage Requirements for Spouse or Divorced Spouse Annuity

Spouse Annuity Marriage Requirements -

In order to qualify for a spouse annuity, you must be the legal spouse of the railroad employee and you must have been legally married to the railroad employee for at least one year immediately prior to filing your spouse annuity application. The one-year marriage requirement is waived if any of the following conditions exist:

• you are the natural parent of the railroad employee's child;
   
• you were eligible for a widow(er)'s parent's or disabled child's annuity under the RRA in the month before your marriage to the employee; or,
   
• you had met the one-year marriage requirement for a previous spouse annuity on the employee's earnings record before a divorce and you later remarried that employee.

Divorced Spouse Annuity Marriage Requirements -

The marriage requirement for a divorced spouse annuity is met if your marriage ended by a final divorce decree and:

• you were legally married to the railroad employee for at least 10 consecutive years immediately preceding the date of your final divorce decree; and,
   
• you are divorced from that railroad employee; and,
   
• you are not currently married to anyone. (If you remarried after the divorce from the employee, the later marriage must have terminated.)

Age Requirements For Spouse Annuity or Divorced Spouse Annuity

The employee must be currently receiving an employee annuity and must attain a certain age in order for you to qualify for a spouse annuity or divorced spouse annuity. If the employee has attained the required age, you may then be eligible for a spouse annuity, regardless of your age, if you have the employee's Child-in-Care. Otherwise, your own age requirement is explained in this section.

Spouse Annuity Age Requirements -

The age requirement for a spouse annuity depends on both the employee's total months of railroad service and the employee's Annuity Beginning Date (ABD). Your Full Retirement Age affects the amount of any age reduction to your spouse annuity.

• Employee’s ABD is After December 2001 and Based on 60-119 Months of Railroad Service with at Least 60 Months of Railroad Service After 1995 - The employee must be at least age 62 to qualify you for a spouse annuity. The employee must have a Social Security (SS) Act Insured Status to qualify you for a Tier 1 component. You must have attained age 62 for a full month.
   
• Employee's ABD is After December 1974 and Based on 120-359 Months of Railroad Service - The employee must be at least age 62 to qualify you for a spouse annuity. You must have attained age 62 for a full month.
   
• Employee’s ABD is After June 1974 and Based on at Least 360 Months of Railroad Service - The employee must be at least age 60 to qualify you for a spouse annuity beginning January 1, 1975, or later. You must have attained age 60 for a full month.
   
• Employee’s ABD is Before January 1975 if the Employee Has Less Than 360 Months of Railroad Service or Employee's ABD is Before July 1974 if the Employee Has at Least 360 Months of Railroad Service - The employee must be at least age 65 to qualify you for a spouse annuity. You must have attained age 62 for a full month.

Divorced Spouse Annuity Age Requirements -

If the employee is totally and permanently disabled with a disability freeze, the employee must be at least age 62. If the employee is receiving an age and service annuity or a disability annuity without a disability freeze, the employee must be at least age 62 for a full month. You must have attained age 62 for a full month.

Annuity Based on Child-in-Care

Spouse Annuity -

A wife may qualify for a full spouse annuity, or a husband may qualify for a Tier 1 only spouse benefit, based on having a child of the employee in care. The employee must have attained age 62 (or age 60 with 30 years of service) to qualify the spouse for this annuity. The child must be either:

• under age 18; or,
• age 18 or older with a permanent disability that began before the child attained age 22 that makes the child unable to perform any type of regular employment.

 The term "Child-in-Care" includes the railroad employee’s unmarried natural child, or unmarried dependent adopted child, stepchild, or, under certain conditions, a grandchild whose parents are deceased or disabled.

A child is in your care if you exercise parental control over, and are responsible for, the welfare and care of the child. If the child is permanently disabled, but mentally competent, he or she is considered to be in your care if you perform personal services for that child. The RRB will make the final determination regarding the personal services you perform and whether or not they constitute the child being in your care.

Divorced Spouse Annuity -

There is no provision in the Railroad Retirement Act for a divorced spouse annuity based on having a "Child-in-Care".

Additional Requirements You Must Meet to Receive a Divorced Spouse Annuity

In addition to the marriage requirements for a divorced spouse annuity and the age requirement for a divorced spouse annuity, the RRA states that, to qualify for a divorced spouse annuity, the following conditions must also apply:

• You cannot be entitled to a benefit from the Social Security Administration (SSA) based on your own earnings (before any reductions for age, earnings, etc.) that is equal to or greater than your divorced spouse annuity (before any reductions for age, earnings, etc.); and,
   
• You cannot be entitled to another RRA annuity based on a different claim number that is equal to or greater than your divorced spouse annuity.

Your divorced spouse annuity cannot begin before the railroad employee’s annuity begins.

Additional Requirements for Annuities Based on 60-119 Months of Railroad Service with at Least 60 Months of Railroad Service After 1995

If the employee annuity is based on 60-119 months of railroad service with at least 60 months of railroad service after 1995, the employee must have a "Social Security (SS) Act Insured Status" on combined railroad earnings, creditable military service earnings, and social security earnings to qualify you for a spouse annuity Tier 1 component or for a divorced spouse annuity.

An SS Act Insured Status is based on Quarters of Coverage (QC). In general, the SS Act specifies an amount for each calendar year that will qualify the wage earner for a QC for that year. If the employee earns that amount (or a multiple of that amount up to 4 QCs), the employee's earnings record will be credited with those QCs.

The employee has an SS Act Insured Status if:

• Employee Annuity Based on Age - The employee must have a Fully Insured Status as defined in the SS Act, but using combined railroad earnings, creditable military service earnings, and social security earnings. The SS Act QC requirement for a Fully Insured Status for employees born after 1928 is 40 QCs.
   
• Employee Annuity Based on Disability - The employee must have a Disability Freeze (D/F) as defined in the SS Act, but using combined railroad earnings, creditable military service earnings, and social security earnings. The SS Act requirements are:
   
  • The employee must be rated totally and permanently disabled;
     
  • The employee must have a Fully Insured Status. Generally, the QC requirement for a Fully Insured Status is at least one QC for each calendar year after the year the employee attained age 21 through the year in which the employee became disabled; and,
     
  • The employee must have at least 20 QCs in a period of 40 consecutive calendar quarters (10 years) ending with the quarter of the disability onset date. This is also referred to as the 20-in-40 QC test.

Selecting Type of Annuity on Your Application

When you file your application for a spouse annuity or divorced spouse annuity, your application must indicate the type of annuity for which you are filing.

Spouse Annuity -

The type of annuity on your application should be based on whether you are filing based on your age or based on having a Child-in-Care.

• Choose Full Age Annuity if you believe that you qualify for a spouse annuity that is not reduced for early retirement. You should also indicate whether or not you would accept a Reduced Age Annuity should you be found not eligible for a Full Age Annuity. Full Age Annuity means that:
   
  •  You have attained Full Retirement Age;
  • the employee is not receiving a 60/30 annuity that is reduced for retirement before age 62 with an ABD before January 2002 (see summary chart); and,
  • you did not previously receive an age reduced spouse annuity or age reduced divorced spouse annuity on the same earnings record.
     
• Choose Reduced Age Annuity if you believe that you do not meet the requirements for a spouse annuity that is not reduced for early retirement. If you previously received a spouse annuity or divorced spouse annuity on the same earnings record that had an age reduction, choose Reduced Age Annuity.
   
• Choose Reduced 60/30 Age Annuity if the employee is receiving a 60/30 annuity that is reduced for retirement before age 62 with an ABD before January 2002 (see summary chart).
   
• Choose Annuity Based on Children if you want your annuity to be based on having a child of the employee in your care, regardless of your age. You should also indicate whether or not you would accept a Reduced Age Annuity should you be found not eligible for a Full Age Annuity based on having a Child-in-Care.

Divorced Spouse Annuity -

The type of annuity depends on your age and whether you were previously entitled to an annuity on the same earnings record.

• Choose Full Age Annuity if you meet the requirements for a divorced spouse annuity that is not reduced for early retirement. You should also indicate whether or not you would accept a Reduced Age Annuity should you be found not eligible for a Full Age Annuity. Full Age Annuity means that:
  • You have attained Full Retirement Age; and,
  • You did not receive an age reduced spouse annuity before your divorce.
     
• Choose Reduced Age Annuity if you do not meet the requirement for a Full Age Annuity.
   
• Choose Divorced Spouse With Previous Spouse Annuity Age Reduction if you previously received a spouse annuity based on the same earnings record that had an age reduction and that terminated due to your divorce from the employee.