Policy and Systems

A spouse annuity ends the month before the month in which:

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When a Spouse Annuity is not Payable

A spouse annuity is not payable for any month in which:

the employee's annuity is not payable; or,
you work for a railroad employer; or,
you become entitled to a railroad retirement annuity based on your own earnings record that exceeds the amount of your spouse annuity on a different earnings record and neither earnings record includes railroad service before 1975; or,
you become entitled to a railroad retirement survivor annuity based on a different earnings record that exceeds the spouse annuity rate.

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Tier II Deductions for Last Pre-Retirement Nonrailroad Earnings

Your Last Pre-Retirement Nonrailroad Employer is defined as any nonrailroad individual, company or institution for whom you are working on the date your spouse annuity begins or for whom you stopped working in order to receive a spouse annuity. ( For more information, see Form G-177L General Information about Continuing in or Returning to Nonrailroad Employment after Retirement under the Railroad Retirement Act.)

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5-Year Vesting Cases

If the employee's annuity is based on 60-119 months of railroad service with at least 60 months of railroad service after 1995 (5-year vesting case), you qualify for a spouse annuity tier I component only when the employee qualifies for a tier I component. Refer to Form G-177 General Conditions Under Which a Person is Entitled to a Railroad Retirement Employee Annuity for further information about the employee's requirement for an SSA Insured Status for a tier I component.

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Tier I Deductions for Nonrailroad Earnings

Your tier I component is not reduced for your nonrailroad earnings if you are receiving social security benefits.

Otherwise, the Annual Earnings Exempt Amount is the amount of nonrailroad earnings you can have in a calendar year without losing part of your tier I component. Use Chart 3 to determine your Full Retirement Age. Then refer to Chart 4 below and Form G-77a, How Work Affects Your Railroad Retirement Annuities.

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Definition of Child-in-Care

You may qualify for a spouse annuity at any age, based on 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:

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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 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:

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Full Retirement Age for Annuities Based on Less Than 30 Years

The term Full Retirement Age means the age at which the spouse of an employee with less than 30 years of railroad service can receive a full annuity (not reduced for early retirement).

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Age Requirement

The requirement for a spouse annuity based on age depends on the employee's years of creditable railroad service, the employee's age, and your age. The employee must be receiving an annuity and you must file an application for your spouse annuity. When all eligibility requirements are met, a spouse annuity based on your age can begin as explained in Chart 1 and Chart 2.

Chart 3 explains Full Retirement Age.

Chart 1 - Age Requirements - Employee has at Least 360 Months of Railroad Service

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