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2.1.1 Widow(er) Defined

The term widow(er) refers to the surviving legal or de facto wife or husband of a 

deceased employee.

2.1.2 Legal Widow(er) Defined

The applicant must either:

• Have been legally married to the deceased employee under the laws of the State in 

which the employee was domiciled at death and not subsequently divorced; or

• Be capable of inheriting the employee's property, as the widow(er) under the 

intestacy law of the State in which the employee was domiciled at death.

NOTE: The term "State" includes the District of Columbia, the Virgin Islands, Puerto 

Rico, Guam and American Samoa. If the employee was domiciled in a foreign country 

rather than any "State", the widow(er)'s status is determined by the laws applied by the 

courts of the District of Columbia.

2.1.3 De Facto (Deemed) Widow(er) Defined

A. General - Beginning 2-1-68, an applicant may qualify for a WIA as a de facto 

widow(er) if the marriage to the deceased employee was invalid because of:

• An impediment resulting from a prior undissolved marriage of the 

deceased employee; or

• An impediment arising out of a prior marriage or its dissolution; or

• A defect in the procedure of the purported marriage.

B. Requirements to Establish De Facto Marriage - An applicant may qualify as a de 

facto widow(er) if:

1. There was a marriage ceremony; and

2. The claimant went through the ceremony in good faith, not knowing of the 

impediment at that time; and

3. The claimant was living in the same household with the employee at the 

time of death (this requirement must be met even if the claimant was 

entitled to a spouse annuity at the time of the employee's death).
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2.1.4 Full Retirement Age

Full retirement age is defined as follows:

• For widow(er) type annuitans born before January 2, 1940, full retirement 

age is 65.

• For widow(er) type annuitants born January 2, 1940, and later, with 

annuity beginning dates of January 1, 2000, and later, full retirement age 

is based on the year of birth as shown below:

• If the Widow(er) was born 1-2-1940 through 1-1-1941, FRA is 65 and 2 

months.

• If the Widow(er) was born 1-2-1941 through 1-1-1942, FRA is 65 and 4 

months.

• If the Widow(er) was born 1-2-1942 through 1-1-1943, FRA is 65 and 6 

months.

• If the Widow(er) was born 1-2-1943 through 1-1-1944, FRA is 65 and 8 

months.

• If the Widow(er) was born 1-2-1944 through 1-1-1945, FRA is 65 and 10 

months.

• If the widow(er) was born 1-2-1945 through 1-1-1957, FRA is 66.

• If the widow(er) was born 1-2-1957 through 1-1-1958, FRA is 66 and 2 

months.

• If the widow(er) was born 1-2-1958 through 1-1-1959, FRA is 66 and 4 

months.

• If the widow(er) was born 1-2-1959 through 1-1-1960, FRA is 66 and 6 

months.

• If the widow(er) was born 1-2-1960 through 1-1-1961, FRA is 66 and 8 

months.

• If the widow(er) was born 1-2-1961 through 1-1-1962, FRA is 66 and 10 

months.

• If the widow(er) was born 1-2-1962 or later, FRA is 67.
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2.1.10 Amount of WIA

A. Normal Annuity

1) Tier I - The Tier I component is equal to a 100% share of the EE's PIA or 

maximum based on combined wages and compensation after 1936 

reduced for age. This amount is reduced by:

• The amount of any SS benefit payable.

• The amount of any RR retirement annuity the widow(er) is entitled to as 

follows:

If either annuity is based on some railroad service before 1975, the 

survivor annuity is reduced by the amount of the employee tier 1 as 

defined in the G-364.1 instructions for item 86.

If neither annuity is based on any railroad service before 1975, the 

survivor annuity is reduced by the entire employee annuity (net tier 1, 

net tier 2, and vested dual benefit).

• Two-thirds of the amount of any public pension effective 12-84 or later. 

(See RCM 2.1.300-2.1.314 for further information on public service 

pensions.)

Payment of Tier I may be affected by certain SSA nonpayment provisions.

Refer to RAC any cases in which alien nonpayment provisions, conviction 

for subversive activities, deportation, (including deportation of the 

deceased employee due to associations with the NAZI government of 

Germany during World War II), or other nonpayment provisions of the SS 

Act are involved.

2) Tier II

(A) 30% Rate - If the widow(er) was initially awarded an annuity under 

the 1937 RR Act or under the 1974 RR Act that was vouchered 

before 10-1-86 and the employee began receiving his RRA 

retirement or disability annuity before 10-1-81 or he died before 10-

1-81, the tier II component is 30% of the gross tier I after reduction 

for age and the maximum. In certain cases, a spouse minimum 

additional amount may be payable in tier II. See RCM 8.9, G-364.1 

instructions for specific information.

(B) Share of EE's Tier II - If the employee did not begin receiving an 

RRA retirement or disability annuity before 10-1-81 and he did not 

die before 10-1-81, or the voucher date of the initial survivor award 

is 10-1-86 or later, the tier II component is based on a percentage 
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of the EE tier II which would be payable if the employee was alive 

on the widow(er)'s OBD. The EE tier II is before reduction for age 

but after reduction for windfall. Widow(er)s are entitled to a 50% 

share of the employee's tier II. If there are other entitled 

beneficiaries, this statutory percentage may be reduced so that the 

total paid to all the beneficiaries does not exceed 80% of EE's tier 

II.

3) Vested Dual Benefit - The VDB amount is only payable to a widow(er) who 

is vested as of 12-31-74. An aged or disabled widow(er) is vested if the 

following requirements are met:

• The deceased EE had 10 years of RR service before 1-1-75; and

• The widow(er) has a permanently or transitionally insured status at SSA 

as of 12-31-74.

NOTE: A non-dependent widower is not entitled to a VDB. Refer to RCM 

2.1.60 for detailed instructions for determining VDB entitlement. RCM 

2.1.67 describes the terminating events for vested dual benefit 

entitlement.

In addition to meeting the above requirements, she must meet the 

following criteria:

• Her (his) initial annuity was authorized for payment before 8-31-81; and

• Her (his) DOB is before 8-14-19

OR

• Her (his) DIB date of entitlement at SSA is August 1981 or earlier.

NOTE: A widow(er) who meets these requirements and whose VDB 

amount is zero because (s)he is not entitled to an RIB under the SS Act 

can be paid the VDB when (s)he becomes so entitled even if that occurs 

after August 1981.

B. Spouse Minimum Guaranty Amount

If the widow(er) is entitled to a spouse annuity in the month preceding the 

employee's death, s(he) is guaranteed that the normal WIA amount will not be 

less than the spouse annuity rate. The spouse rate so computed is BEFORE 

any increase under the O/M provision, reduction by actuarial adjustment to 

recover an overpayment, or reduction to recover a commuted value payment, 

and AFTER any reduction for other benefits or early retirement. (See Appendix 

B for a list of maximum rates applicable to the spouse maximum rate if a windfall 
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is involved. Since 1-1975, the spouse maximum rate consists of the gross tier I 

amount and the net tier II amount.)

C. DWIA Previously Paid

If the widow(er) previously received a reduced insurance annuity as a disabled 

widow(er), at age 60 (s)he is entitled to an annuity equal to the amount (s)he 

received as a disabled widow(er). The beneficiary symbol remains an "R". The 

age reduction factor, ARF, is adjusted at age 62 and at full retirement age. Refer 

to RCM 2.2 for detailed information.

D. Sole Survivor Minimum

The sole survivor minimum provides a minimum annuity amount to any survivor, 

who is the only beneficiary entitled on the EE's wage record. Refer to RCM 8.9, 

G-364.1 for detailed instructions.

E. Widow(er) Initial Minimum Amount (WIMA) Guaranty

The Railroad Retirement and Survivor Improvement Act of 2001 guarantees that 

a widow(er) type beneficiary’s annuity will be calculated using 100 percent of the 

tier 2 that would have been used to compute the annuity for the deceased 

employee on the survivor OBD. This guaranty is called the WIMA, and is 

effective February 1, 2002.

The WIMA is computed as a component of the 1981 Amendment tier 2; 

therefore, only widow(er)s and young mother/fathers paid under the 1981 Act are 

eligible for the guaranty.

2.1.11 WIA Rate Is Zero

When the WIA is reduced to zero by a public service pension reduction (and no other 

beneficiaries are or will be entitled to monthly benefits), the RLS can be paid to the 

widow(er). The widow(er) will be considered a QRRB and will be billed direct for 

Medicare. Put in a call-up to have the folder sent to the Medicare Programs Section six 

months before the widow(er) attains age 65.

In such cases, the widow(er) should be sent a letter explaining that the widow(er) is 

entitled to a WIA, but the annuity rate is zero. Do not use AB-25 back stationery.

An explanation of why it is zero should also be given. Then explain that the RLS (give 

amount) is payable, and that since the annuity rate is zero, the RLS will be paid instead.

Also explain that the widow(er) will be eligible for Medicare at age 65. Then, pay the 

RLS EDP, using the AA-17 as the application.
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2.1.13 Annuity Adjustment When Legal Widow And Deemed (Defacto) 

Widow Are Entitled

Effective January 1, 1991 (based on applications filed after

December 31, 1990) a deemed widow(er) may be entitled, regardless of the existence 

or status of a legal widow(er). When paying the tier 1, the deemed widow(er) is paid 

within the family maximum while the legal widow(er) is paid outside the family 

maximum. When paying the tier 2, both the legal widow(er) and the deemed widow(er) 

are paid within the maximum.

For applications filed prior to January 1, 1991, the deemed widow(er) loses entitlement 

as explained in RCM 2.1.27. For any months before the legal widow(er)'s month of 

filing, his/her annuity is subject to reduction to avoid overpayments to other family 

members. Effective with the legal widow(er)'s month of filing, all annuities should be 

adjusted if the family maximum is involved.

2.1.15 Eligibility Requirements

In addition to being the legal widow(er) of a deceased employee who had either 120 

months of RR service or at least 60 months of RR service after 1995, and a C/C, an 

applicant must meet the following requirements:

A. Age - The widow(er) must have attained age 60.

NOTE A person attains a given age on the day preceding the anniversary 

date of his birth. For example, a person born on March 2, 1925 attained 

age 65 on March 1, l990; if his DOB had been March 1, 1925, he would 

have attained age 65 on February 28, 1990.

B. Marriage - The widow(er) must:

1. Have been married to the employee for 9 months prior to death, or the 

death was accidental or occurred in the line-of-duty while the employee 

was a member of the U. S. Armed Forces PROVIDED that at the time of 

the marriage, the employee could have been reasonably expected to live 

for at least 9 months. 

• Prior to 2-1968, must have been married for 1 year prior to death. 

• Prior to 1-1-73, must have been married 3 months in the case of 

accidental or military service connected death.; or

2. Have been previously married to the employee for at least 9 months, 

divorced , and then remarried the employee. As long as the previous 

marriage lasted at least 9 months, the length of the subsequent marriage 
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and the life expectancy of the employee at the time of that remarriage do 

not need to be considered; or

NOTE: A widow(er) who was not married to the employee for the required 

length of time must meet one of the alternative requirements listed below 

in items 3 through 8 in order to qualify.

3. Be the natural parent of the employee's child (the child must be born alive 

but need not still survive); or

4. Have legally adopted a child of the employee during their marriage and 

before the child attained age 18; or

5. Be the parent of a child legally adopted by the employee during their 

marriage and before the child attained age 18; or

6. Have been married to the employee at the time both of them legally

adopted a child under age 18; or

7. Have been entitled or potentially entitled to a widow(er)'s, divorced 

spouse's, surviving divorced spouse's, parent's or disabled child's 

insurance annuity under the RR Act in the month before the month (s)he 

married the employee; or

8. Have been entitled or potentially entitled to a widow(er)'s, parent's, 

spouse's, divorced spouse's, surviving divorced spouse's or disabled 

child's insurance benefit under the SS Act in the month before the month 

(s)he married the employee. See 2.1.21 for the requirements and 

development action required when the widow(er) could only qualify under 

item 7 or item 8. 

NOTE: In this situation, potentially entitled means that we can presume 

the filing of an application and the attainment of retirement age for a 

widow(er)'s, parent's, spouse's, divorced spouse's, surviving divorced 

spouse's benefit if the deceased W/E had the required status and the 

widow(er) met all other requirements.

For potential entitlement to a disabled child's benefit under the SS Act, 

assume only the filing of an application. All other requirements must 

actually have been met in the month before the month (s)he married the 

employee.

Do not consider a widow(er) entitled or potentially entitled to an SS Act 

widow(er)'s, parent's, divorced wife's, divorced widow's or disabled child's 

insurance benefit if (s)he was actually entitled to an RIB or DIB which 

equaled or exceeded such other benefit. Entitlement to an RIB or DIB 

cannot be presumed.
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9. Effective with applications filed on or after March 2, 2004, at the time of 

the employee’s death, the employee and widow(er) were married for less 

than 9 months because:

• the employee was married prior to the marriage to the widow(er), but 

the prior spouse was institutionalized due to a mental or similar 

incapacity; and

• during the period of the prior spouse’s institutionalization, the 

employee would have divorced the prior spouse and married the 

widow(er), but (s)he did not do so because such a divorce would have 

been unlawful, by reason of the prior spouse’s institutionalization, 

under the laws of the State in which the employee was domiciled at the 

time; and

• the prior spouse remained institutionalized up to the time (s)he died; 

and

• the employee married the widow(er) within 60 days after the 

institutionalized spouse’s death.

Headquarters Handling – Because of the rarity of these cases, they should 

be referred to Policy and Systems to determine if the widow(er) meets the 

9 month deemed marriage requirement under this provision. The field 

office will code the APPLE application for manual review and enter in 

remarks that the case is a special deemed 9 month marriage case that 

needs to be forwarded to P&S-RAC for a determination.

Since laws vary from state to state, the field office will not be required to 

take any preliminary development action. Policy and Systems will 

determine what needs to be developed and advise the field office 

accordingly. However, if the applicant has already submitted any material 

to support the claim, the field office will notate the remarks section 

accordingly and send the material to SBD. SBD will then forward the 

material to P&S-RAC along with the APPLE referral. 

C. One-Half Support - A widower must have been receiving one-half support from 

the employee at the time of her death or at the time her retirement annuity began 

for the annuity to begin before 3-1-77; after 2-1977 a widower does not have to 

prove one-half support except for payment of windfall or employee annuity 

restored amount. Proof of support must be filed within 2 years after the point at 

which the support requirement must be met.

In a case in which proof of support is not filed during the appropriate period, refer 

to chapter 2600 in the SSA Claims Manual to determine whether SSA would 

extend the 2 year period for filing proof of support. Extend the period if SSA 

would do so.
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If a widower submits proof that is not sufficient to establish the one-half support 

requirement for payments before 3-1-77 or the windfall and/or restored amount 

computations, take action as described below:

• Proof Filed at Time of Annuity Award - Include in the award letter a special 

paragraph telling the widowers that he does not meet the one-half support 

requirement.

• Proof Filed After Annuity In Pay Status - Prepare a formal denial letter on 

an AB-25 back.

In both cases, the decision that he does not meet the support requirement is an 

initial decision and, therefore, may be appealed.

2.1.16 Employee Had Less Than 120 Months Of Service

For a complete explanation of the 120 service month requirement and exceptions to this 

requirement please see RCM 5.6.4.

2.1.18 Entitlement Requirements

In addition to meeting the eligibility requirements in the preceding sections, a claimant 

for a WIA must:

• Not have remarried; and

• Have filed an application for WIA unless a WCIA or spouse annuity is 

being converted to a WIA.

2.1.19 Beginning Dates

The beginning date and retroactivity of a widow(er)'s insurance annuity (WIA) is 

explained in FOM-I-111.20, FOM-I-111.51 and FOM-I-112.9.2.

2.1.20 Duration Of Marriage

A. Nine-Month Requirement - Effective 2-1-68, a widow(er) may qualify for monthly 

benefits even though (s)he was married to the employee for less than one year 

before the employee died. If the marriage existed for a period of a least 9 months 

immediately preceding the day on which the employee died, the widow(er) meets 

the marriage requirement.
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B. Deeming Nine-Month Marriage - The widow(er) is deemed to meet the ninemonth requirement if (s)he was married to the employee immediately preceding 

the day on which the employee died if the employee's death:

• Was accidental; or 

• Occurred in the line of duty while serving on active duty as a member of 

the United States Armed Forces.

The nine-month requirement CANNOT be deemed if, at the time of the marriage 

the employee could not have reasonably been expected to live for 9 months.

NOTE: An exception is if the widow(er) was previously married to the employee 

for at least 9 months, divorced then remarried the employee. As long as the 

previous marriage lasted at least 9 months, the length of the subsequent 

marriage and the life expectancy of the employee at the time of that marriage do 

not need to be considered.

C. Development of Deemed Nine-Month Duration of Marriage - An accidental death 

is defined as a death which occurred as a direct result of bodily injuries received 

by violent, external, and accidental means. The death must occur from the bodily 

injuries independent of other causes and must occur within 3 months after the 

day on which the employee received such injuries.

If not already in file, obtain a certified copy of the death certificate or a casualty 

report from a branch of the Armed Forces. Assume that, at the time of marriage, 

the employee was reasonably expected to live 9 months unless information 

obtained in the normal course of development indicates otherwise. If such 

information is obtained that, for example, at the time of marriage the employee 

had an illness which is ordinarily fatal, refer the case to a supervisor.

Death certificates generally indicate whether the death falls into one of four 

categories: natural, accidental, homicide, or suicide. For purposes of this 

provision, consider death accidental when the death certificate so indicates. 

Assume that accidental death was independent of other causes unless the death 

certificate clearly indicates that an ordinarily fatal illness was a contributing factor.

Even though the death certificate shows that death resulted from natural causes, 

develop for accidental death if the applicant claims death was accidental. The 

immediate cause of death may be, for example, pneumonia which was 

contracted as a result of lowered resistance caused by an automobile accident. 

When the death certificate shows "natural" causes and development indicates 

accidental injury may have been a contributing factor, refer the claim to a 

supervisor. (For details of accidental death see SSA-CM 2474.3 - 2474.4.)
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2.1.21 Development Of Widow(Er)'S Previous Actual Or Potential 

Entitlement Under SS Act Or RR Act

When a widow(er) was actually or potentially entitled to any of the SS benefits listed in 

RCM 2.1.15 (9) or any of the RR annuities listed in RCM 2.1.15 (8), which terminated or 

would have terminated when (s)he married the employee, the previous actual or 

potential entitlement may be used to establish eligibility for an RR annuity when the 

widow(er)'s marriage to the RR employee lasted less than 9 months and the employee's 

death was not accidental.

A. SS Act - From the information in file ascertain if the widow(er) was actually or 

potentially entitled to a qualifying SS benefit in the month before the month (s)he 

married the employee.

1. Previous Actual SS Entitlement - Verify the allegation of entitlement by 

securing an MBR on the SS A/N of the person on whose wage record the 

widow(er) qualified for an SS benefit. 

If the SS A/N of the person on whose wage record the widow(er) qualified 

for an SS benefit is unknown, request the widow(er) to furnish the person's 

full name, DOB, place of birth, mother's maiden name and father's name. 

When this information is obtained, release a G-37b teletype request to 

obtain the SS A/N. When the A/N is obtained, follow the procedure given 

in the preceding paragraph. 

2. Previous Potential SS Entitlement - Verify the allegation of entitlement by 

releasing a G-60 request for a G-90, on the SS A/N of the person on who

wage record the widow(er) was potentially entitled. Refer toe RCM 9.1 

App. C for detailed instructions regarding the completing of the G-60. 

Upon receipt of the G-90, examine it to determine if the wage earner has 

an insured status under the SS Act. Based on the information in file and 

the G-90 ascertain if the claimant was potentially entitled.

B. RR Act - From the information in file ascertain if the widow(er) was actually or 

potentially entitled to a qualifying RR annuity in the month before the month (s)he 

married the employee.

1. Previous Actual RR Entitlement - Obtain the file for the claim number 

under which the widow(er) claims previous entitlement. Examine that file 

to verify the claimed entitlement.

2. Previous Potential RR Entitlement - Obtain the claim number under which 

the widow(er) claims potential entitlement. Obtain and examine the file to 

ascertain if the claimant was potentially entitled.
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2.1.22 More Than One Person Claims Benefits As Legal Widow(er)

When more than one person claims benefits as the employee's legal widow(er), each 

claim must be resolved under applicable State law. (See chapter 4.3, "MarriageDivorce," for details on handling such cases.)

In some situations it is possible for more than one legal widow(er) to qualify under the 

RR Act on the same earnings record; i.e., one claimant meets the valid marriage test, 

and another meets the inheritance test. Putative marriages which meet the inheritance 

test are recognized in the following states: Arizona, California, Colorado, Illinois, 

Louisiana, and Minnesota (see RCM 4.3, Appendix B - Common-law and Similar 

Marriages.) A putative marriage is a void marriage where the spouse acquires 

inheritance rights because (s)he believed the marriage to be valid until the employee’s 

death. When a putative marriage is claimed, obtain a legal decision in the case.

Effective January 1, 1991, based on applications filed after December 31, 1990, a 

deemed widow(er) may be entitled, regardless of the existence or status of a legal 

widow(er). (See RCM 2.1.13 for details.)

2.1.23 Work Restrictions

A. Restricted Employment - A WIA is not payable for any month the widow(er) 

works for an employer covered by the RR Act.

B. Earnings Restrictions Prior to the Year 2000 - A widow(er) under age 70 is 

subject to the regular survivor earnings restrictions. The annuity of a widow(er) 

between full retirement age and age 69 is subject to a deduction of $1 for every 

$3 the widow(er)'s earnings in a given year exceed the exempt amount that year. 

Widow(er) less than full retirement age are subject to a $1 for $2 deduction.

C. Earnings Restrictions Beginning in the Year 2000 -

2.1.25 Widow(er) Also Entitled To Other RR Act Annuity

A. Entitled to RR Act Retirement Annuity - A widow(er) may receive both a WIA and 

a retirement annuity under the RR Act, but the WIA must be reduced for the 

retirement annuity in Tier I. In some cases an "EE restored amount" is payable in 

Tier II. See RCM 8.9, G-364.1 instructions, for additional information.

B. Entitled to RR Act Spouse Widow(er)'s or Parent's Annuity - If an individual is 

entitled to two annuities only the larger of the two annuities is payable, unless 

(s)he elects to receive the smaller annuity.

If an applicant for a widow(er)'s annuity is already receiving this annuity, compare 

the amount of the other annuity with the amount (s)he would receive as a 

widow(er). If the widow(er) becomes entitled to a spouses annuity in the same 

month, it will be necessary for the survivor and retirement units to coordinate to 
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determine which annuity is larger. If the other annuity is larger, prepare a 

constructive award for the widow for that reason. If the widow(er)'s annuity is 

larger, and it would not be advantageous for the applicant to elect to receive the 

other annuity recover the overpayment from the widow(er)'s accrual.

This dual entitlement situation will come to the attention of a retirement examiner 

if an applicant for a spouse's annuity indicates that (s)he has previously filed for 

an annuity based on another EE. In that case, the retirement examiner will 

secure the folder to determine the dual eligibility. In some cases, the applicant 

may be entitled as a widow(er) but has not yet filed an application. The 

retirement examiner may need to request information from the survivor unit 

regarding the widow(er)'s annuity rates or RLS entitlement.

If (s)he is entitled to two survivor annuities, it may be to a widow(er)'s advantage 

to elect to receive the lesser survivor annuity because of an RLS that would be 

payable on the other record if such an election was made.

The election to receive a smaller annuity is revocable and may be made on a 

month-by-month basis. A signed statement by the applicant is sufficient proof of 

election. This differs from an election to receive an RLS, which is an irrevocable 

election and must be made on Form G-126.

If it appears that it would be to a widow(er)'s advantage to receive the lesser 

survivor annuity, release a memo to the F/O advising them of the facts of the 

case and requesting a contact with the annuitant. If the widow(er) wants the 

smaller annuity, secure a signed statement that establishes that the widow(er) is 

aware that (s)he is electing the smaller benefit.

If the widow(er) elects the smaller annuity in order to receive an RLS on the other 

account, the statement should include the fact that the election of the smaller 

annuity is made in order to receive the RLS and that the applicant does not 

intend to revoke it. A G-126 election form is not needed. If the annuitant later 

changes his mind and withdraws his election of the smaller annuity, the RLS 

must be recovered from the larger annuity. No annuity would be payable until the 

RLS is recovered.

An LSDP is not payable on the account that the annuity is not paid on because 

there is eligibility to a monthly benefit, whether or not it is paid.

If it does not appear to be to the widow(er)'s advantage to receive the smaller 

annuity, award the higher annuity and suspend the current lower annuity. 

Recover the overpayment from the higher annuity.

C. Entitled to 1981 Act and 1974 Act Annuity - If the 1981 Act annuity is larger, 

entitlement to both annuities exists; however only the 1981 Act annuity is 

payable. If the 1981 Act annuity is smaller, no entitlement exists and the annuity 
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should be terminated using code 46, or denied as appropriate. Any overpayment 

should be recovered from the 74 Act annuity.

If the 74 Act annuity terminates and the 1981 Act annuity is payable, a new 

application will be required.

NOTE: The widow cannot elect to receive a smaller 1981 Act annuity as there is 

no entitlement.

2.1.26 RLS Previously Paid To Widow(er)

A. Widow(er) Elected RLS - If the widow(er) previously elected and was awarded 

the RLS, deny the WIA application. The fact that (s)he elected the RLS prevents 

the payment of a WIA since the election of that payment was an agreement by 

widow(er) to give up rights to future benefits under the RR Act. In such cases, 

however, (s)he may qualify for an annuity at SSA if the employee was insured 

under the SS Act solely on the basis of wages.

B. Widow(er) Received RLS Without Election - If the widow(er) received the RLS 

without electing it (because (s)he could not qualify for a WIA under the RR Act at 

that time), (s)he may receive a WIA if otherwise qualified. However, the RLS 

must be recovered from the WIA.

EXAMPLE: A widow born 10-12-06 was not living with the employee at the time 

of his death in 8-1966. Since living with was required for a WIA before 11-1-66, 

she could not qualify for a WIA. However, since she was also the designated 

beneficiary of the RLS she was paid the RLS. In 9-1967, she files for a WIA as a 

"not living with" widow with full retroactivity of benefits to 11-1-66. However, 

before she can actually receive her annuity, the RLS must be recovered.

NOTE: If the RLS was paid to anyone other than the person who is now entitled 

to a WIA, do not recover it. Also, if the RLS was paid to more than one person, 

only recover the share paid to the person now eligible for a WIA.

2.1.27 When Entitlement Ends

A WIA ends with the month preceding the month in which: 

• the widow(er) dies;

• the legal or de facto widow(er) remarries; or

NOTE: The annuity of a legal or de facto widow(er) terminates upon remarriage; but 

the widow can qualify for a remarried widow(er)’s insurance annuity. Refer to RCM 

2.1.201.
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• the widow(er) becomes entitled to another survivor or spouse annuity 

under the RR Act which is greater than the WIA.

Prior to 1-1-91, the deemed (or de facto) widow(er) lost entitlement if another individual 

was found to be the legal widow(er). The last month of the deemed widow(er)'s 

entitlement was the month prior to the month in which an authorizer approved the legal 

widow(er)'s award. (Also see RCM 2.1.13.)

Do not reexamine or reopen the prior award to the de facto spouse merely because the 

legal spouse has filed; do so only if the information indicates that the de facto spouse 

knew at the time of the ceremony that the purported marriage was invalid.

The fact that the employee was survived by a legal spouse did not preclude the 

surviving spouse by deemed marriage from qualifying if the legal spouse was not 

entitled to any type of survivor benefit based on the earnings record of the employee. 

Similarly, potential future entitlement of a legal spouse did not bar a spouse's 

entitlement to a deemed marriage.

If the legal widow(er) filed and was found entitled under the RR Act to any survivor 

benefit on the employee's earnings record, the widow(er) of a deemed marriage was not 

considered eligible for any type of survivor benefit under the RR Act. Moreover, if the 

claim of the legal widow(er) was pending before an award to the de facto widow(er) was 

approved, action on the latter was withheld until the entitlement of the legal widow(er) 

was determined. In this situation, if it was determined that the legal widow(er) was 

entitled beginning either with the month the authorizer approved an award to the legal 

widow(er) or an earlier month, the deemed marriage provision did not apply. It is 

immaterial that the legal widow(er)'s first month of entitlement was for a later month than 

the month the widow(er) by deemed marriage would have been entitled.

2.1.40 Evidence Requirements

Evidence When Required

Application Always, unless converting from a spouse annuity or a WCIA. If 

(s)he if filing on behalf of entitled child(ren) an AA-18 is 

acceptable; SSA's survivor applications are also acceptable 

(see chapter 5.1).

Death of Employee Always.

Proof of One-Half 

Support of Widower 

(G-134)

Always, if dependency is claimed and;

• ABD could be before 3-1-77; or

• A windfall is involved; or

• An employee annuity restored amount is involved.
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Compensation Always.

Age of Widow(er) Always.

Marriage Always. (Prior to 6-1-58 documentary evidence was not 

required for a spouse annuity; spouse's statement was 

accepted if verified by the employee on G-346.)

Age of Employee In “A” cases POA is always required if the employee's DOB 

has not been previously verified through submission of the 

employee’s POA, assume DOB has been verified in the

following situations:

• The employee received an annuity

• The employee filed for and received Medicare

• The employee’s POA is on APPLE

Note: If none of the above conditions apply, but the AFCS 

system indicates that a folder was established, the field may 

first contact RBD to verify whether the employee’s POA was 

submitted, before obtaining the proof from the widow.

Effective 03-01-2004 POA of deceased employee is required 

in all “D” cases when a survivor recurring application is filed.

Legal Adoption of Child Only when widow(er) seeks to qualify on that basis.

Guardianship (AA-5) If guardian or other legal representative is selected as 

representative payee.

Amount of RRA 

Employee Annuity

Always.

Amount of SS Benefits If widow(er) is age 62 or older or is under 62 and has 

indicated filing for benefits at SSA.

M/S Only when employee's M/S after 1936 would be creditable 

either under the RR Act or under the SS Act.

Termination of Prior 

Marriage

If there is reasonable doubt whether a prior marriage of 

employee or widow(er) was ended.

Living in Same 

Household

If widow(er) seeks to qualify under deemed marriage 

provision.
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Amount of VA Benefits Only for annuities due before 1-1975, when the deceased 

employee's M/S after 1936 is creditable under the RR Act and 

a reduction in the RRA formula annuity is required. Send such 

cases to M&P for verification of these benefits.

Amount of Wages and 

SEI

When the employee was assigned an SS A/N lower than 700-

00-0000, or worked in SS employment after 1936, or was selfemployed after 1950.

Living With Generally required only in cases of entitlement prior to 11-1-

66.

Public Pension 

Information

Always.

2.1.45 Annuities That May Be Converted To WIA

There are two types of annuities which may be converted to a WIA: a spouse annuity 

and a WCIA. Conversion from a spouse annuity requires proof of the employee's death; 

conversion from a WCIA requires only the verification of the widow(er)'s age. Neither of 

these conversions require the filing of an application.

2.1.46 Spouse On Rolls When Employee Dies

So that (s) he may continue to receive benefits without interruption, the widow(er) of a 

completely insured annuitant is deemed to have filed an application for a WIA. (S)he 

continues to receive the spouse annuity until the WIA is awarded, unless evidence in file 

creates doubt as to eligibility for a WIA. However, such payments are restricted to a 

"reasonable" period after the month in which the employee died. If proof of death is not 

received within six months after the month of death, request the field office to determine 

why proof of the employee's death has not been submitted and whether payments 

made to the widow(er) after the employee's death were proper.

In cases handled prior to August 1, 1990, if a widow(er) met all requirements for 

entitlement to and receipt of a WIA, other than the filing of an application of G-476c 

report form, payments of the spouse annuity made to the widow(er) after the employee's 

death are not erroneous. This rule applies regardless of the reason for failure to file (i.e., 

whether (s)he died before filing or merely neglected to file) and, if the widow(er) died, 

regardless of the date (s)he died.

If the widow(er) dies before filing an application or G-476c, the accrued WIA, or any 

difference between the amount of the WIA to be formally awarded and the amount of 

the spouse annuity in force at the time (s)he died is an annuity due but unpaid at death 

(see chapter 2.7).

NOTE: Effective August 1, 1990, the filing of G-476c is no longer a requirement.
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2.1.47 WCIA In Force When Widow(er) Attains Age 60

When the widow(er) of an employee with 120 months of RR service and a C/C is 

receiving a WCIA at the time (s)he attains age 60, (s)he continues to receive a WCIA 

until the earlier of the following dates:

1. 1st of the month in which the child in not in care; or

2. 1st of the month in which (s)he attains full retirement age.

At that time the WCIA is converted to a WIA. For additional information regarding the 

conversion, refer to RCM 2.3.47.

Under certain circumstances, a WCIA cannot be converted to a WIA. This is true for 

cases in which the widow was receiving a WCIA on 10-30-51 on the basis of an 

employee who had less than 120 months of creditable service. The widow can still

continue to receive the WCIA after age 60 if she continues to have an entitled child in 

care.

2.1.48 Disabled Widow(er) Attains Age 60

When a disabled widow(er) on the rolls attains age 60, the DWIA is NOT actually 

converted to a regular WIA. Technically, a DWIA terminates with the attainment of age 

60; however, do NOT take any action to convert Board records from a DWIA to a WIA. 

The widow(er)'s award form symbol remains "R" as long as (s)he is entitled under the 

application on which the DWIA was awarded.

Cases in which the DWIA was not payable for some months due to entitlement to a 

WCIA are called up when the widow(er) attains age 62. At that time, adjust the number 

of reduction months to eliminate those for which a DWIA was not paid and recertify the 

annuity; however, retain the symbol "R" for the widow(er) on the recertified award.

2.1.55 Remarried Widow(er)

From September 1965 through October 4, 1972, a remarried widow(er) could have 

been included in the computation of a survivor annuity under the O/M if she met the 

eligibility requirements. With the enactment of the 1972 RRA Amendments (after 

October 4, 1972), a remarried widow no longer qualified for inclusion in the O/M. 

However, if a remarried widow was included in the O/M prior to the enactment of the 

1972 RRA Amendments, (s)he was not removed from the O/M computation unless one 

of the events described in RCM 2.1.27 occurred. In 1-1975 the eligible survivors's rate 

was equalized to the total 12-1974 O/M rate, which includes the ineligible widow(er)'s 

share.
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2.1.56 Surviving Divorced Wife

From September 1965 through October 4, 1972, a surviving divorced wife could have 

been included in the computation of a survivor annuity under the O/M if she met the 

eligibility requirements. With the enactment of the 1972 RRA Amendments (after 

October 4, 1972), a surviving divorced wife no longer qualified for inclusion in the O/M. 

However, if a surviving divorced wife was included in the O/M prior to the enactment of 

the 1972 RRA Amendments, she was not removed from the O/M computation unless 

one of the events described in RCM 2.1.27 occurred. In 1-1975, the eligible survivor's 

rate was equalized to the total 12-1974 O/M rate, which includes the ineligible wife's 

share.

2.1.60 Vested Dual Benefit Entitlement

Under the 1937 RR Act, all survivor annuitants could receive both RR and SS benefits 

(dual benefits) without restriction as long as they met all of the eligibility requirements 

under each Act and filed a timely application for each benefit. Under the 1974 RR Act, 

the only survivor annuitants who may receive the full amount of these dual benefits are 

widow(er)s, and this is only if they are "dually vested" as of 12-31-74. A widow(er) is 

dually vested as of 12-31-74 if (s)he was on our rolls on 12-31-74 with an SS insured 

status on that date, of if (s)he had sufficient QC's for a fully insured status under the SS 

Act as of 12-31-74, and the employee had at least 10 years of RR service before 1-1-

75.

In the case of a widow(er) receving a DIB at SSA, this vested status determination can, 

at times, depend upon whether (s)he qualifies for a disability freeze. In this type of case 

a widow(er) may not be vested because of insufficient QC's as of 12-31-74 but by 

qualifying for a disability freeze and excluding the DF years from the elapsed years (see 

RCM 2.1.64), (s)he could then meet the QC requirement, be vested and get a vested 

dual benefit.

These additional restrictions apply:

• The case must be authorized before 8-13-81, and

• DOB is before 8-14-19, or

• the DIB DOE is before 8-1-81.

2.1.61 Widow(er) On The Rolls On 12-31-74

The dual benefit rights of widow(er)s on our rolls as of 12-31-74*, who were either 

receiving SS benefits on that date, or who were fully insured under the SS Act as of that 

date, are preserved.
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*NOTE: If a widow(er) filed an application before 1-1-75 and had an original beginning 

date before 1-1-75 (s)he is considered to be on the rolls on 12-31-74, even though her 

(his) annuity may not be awarded until after that date.

An aged widow(er) on the rolls as of 12-31-74 who is transitionally insured under the SS 

Act is also entitled to a vested dual benefit. This transitional benefit is treated in the 

same manner as an RIB based on a regular SS Act insured status.

A widow(er) is transitionally insured if (s)he attained age 72 prior to 1969 and is not 

insured at SSA under the regular rules, but has at least three quarters of coverage.

2.1.62 Widow(er) On The Rolls After 12-31-74

A widow(er) who comes on the rolls after 12-31-74 is vested for a vested dual benefit 

computation if the following requirements are met:

• the deceased employee had 10 years of RR service before 1-1-75; and

• the widow(er) had a permanently or transitionally insured status under the 

SS Act as of 12-31-74.

NOTE: A non-dependent widower whose OBD will be 3-1-77 or later is not entitled to a 

windfall.

2.1.63 Definition Of Permanently Insured Status - 1974 Act

The widow(er) must be permanently or transitionally insured under the SS Act on 12-31-

74 to be entitled to a vested dual benefit. The 1974 Act defines the widow(er) to be 

permanently insured if (s)he is fully insured when (s)he attains age 62 solely on the 

basis of QC's from SS earnings acquired before 1-1-75.

2.1.64 Definition Of Fully Insured Status

The widow(er) is fully insured if (s)he has 40 QC's or if (s)he has one quarter for each 

calendar year (four quarters) elapsing after 1950 (or, if later, the year in which (s)he 

attained age 21) and before the year in which (s)he attained age 62, except that in no 

case will an individual be permanently insured unless (s)he has at least 6 quarters of 

coverage.

In cases where the widow(er) is entitled to a DIB, do not count as an elapsed year any 

year any part of which is included in a period of disability. By getting a disability freeze, 

a widow(er) who does not have the QC requirement as of 12-31-74 may be able to meet 

that requirement by excluding the years in the period of disability from the elapsed 

years, thereby reducing the number of QC's needed to be insured.
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NOTE: If a widow(er) who was not permanently insured under the SS Act based on the 

required quarters of coverage at age 62 becomes entitled to a DIB or DF at SSA after 5-

1975, release a teletype to SSA to determine the disability freeze onset date.

EXAMPLE 1: A widow (DOB 7-12-19) has 28 QC's as of 12-31-74. She will 

attain age 62 in 1981. Since there are 30 years elapsing after 1950 up to but not 

including 1981, she would need 30 QC's to be fully insured under the SS Act. 

Under these conditions the widow would not be vested as of 12-31-74.

The widow becomes disabled and is granted a disability freeze with an onset 

date of 6-1-77. The 4 disability freeze years 1977-1980 are dropped as elapsed 

years leaving a total of 26 elapsed years. Now, the widow, still assuming she 

meets all other requirements, is vested since only 26 QC's are required for a 

permanently insured status and she has 28.

EXAMPLE 2: A widow (DOB 2-3-20) has 26 QC's as of 12-31-74. She becomes 

disabled and is granted a disability freeze on 6-1-78. At the time, she has a total 

of 35 QC's.

Based on her disability freeze she needs 27 QC's as of 12-31-74 for a 

permanently insured status. Since she had 26 QC's on 12-31-74, she would not 

be vested and would not be eligible for a windfall at age 62 or earlier. This 

applies even though she could qualify for a DIB at SSA beginning in November 

1978 (after the 5-month waiting period beginning 6-1-78), assuming she also 

meets the 20/40 test at SSA.

2.1.65 Vested Dual Benefit Date Of Entitlement

The vested dual benefit (VDB) date of entitlement is the earlier of the month and year 

the widow(er):

• Attains age 62; or

• Becomes entitled to a DIB at SSA.

However, the VDB date of entitlement can be no earlier than:

• The widow's OBD, if the case was initially paid under the 1974 Act; or

• 1-1-75 if the case was initially paid under the 1937 Act and converted to 

the 1974 Act computation.

2.1.66 When 20/40 Wage QC's Must Be Acquired At SSA

If a widow(er) is entitled to a DIB (s)he must have met the 20/40 wage QC 

requirements, i.e., (s)he must have had at least 20 wage QC's during the 40 QC period 
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ending with the quarter in which the waiting period begins or in which (s)he is under a 

disability and for which her (his) application is effective.

To make a windfall entitlement determination, the qualifying 20 SS wage QC's need not 

have been acquired prior to 1975. The point in time when she acquires these 20 QC's 

prior to 1975 is immaterial so long as (s)he has sufficient SS wage quarters to be 

permanently insured under the SS Act in 1974.

2.1.67 When Entitlement Ends

Vested dual benefit payments end with the month in which:

• The widow(er) dies; or

• The widow(er) remarries; or

• The SS DIB is terminated. When an widow(er)'s DIB terminates, her (his) 

entitlement to the VDB ends effective with the month and year that SSA 

terminates the DIB, IF the widow(er) is not permanently insured on 12-31-

74 without a disability freeze, or the widow is permanently insured on 12-

31-74 without a disability freeze, but is under age 62 when her (his) DIB 

terminates.

NOTE: The VDB is not terminated when one SS benefit is terminated because the 

annuitant becomes entitled to a new type of SS benefit (e.g., RIB to WIB) or if the widow 

becomes entitled to a different type of RR annuity (i.e., WCIA to WIA or DWIA). 

Furthermore, there is no provision to recompute the VDB when the type of benefit 

changes at SSA or at RRB.

2.1.68 Cost-Of-Living Increases

Vested dual benefits will be frozen at the 1974 benefit levels. However, they will be 

initially increased by the cumulative percentage of the COL increases that occur in the 

period from 1-1-75 to the later of the widow's RIB/DIB DOE or the WIA OBD.

2.1.69 Elimination Of Vested Dual Benefit

No new vested dual benefits were awarded after August 13, 1981 with two exceptions:

• Widow age 62 before August 13, 1981 and receives an RIB later, or

• Widow entitled to a DIB before August 13, 1981.

2.1.100 Surviving Divorced Spouse Annuity

Introduction
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The 1981 Amendments to the Railroad Retirement Act added the surviving divorced 

spouse as a new category of survivor beneficiary. The eligibility and computation rules 

for surviving divorced spouse's annuity under the RR Act are the same as for surviving 

divorced spouse's benefit under the SS Act.

The term "surviving divorced spouse" will be used to refer to both surviving divorced 

wives and surviving divorced husbands.

When Benefits Are Payable

Benefits are payable to surviving divorced spouses beginning October 1, 1981.

2.1.101 Surviving Divorced Spouse Defined

Definition

A surviving divorced spouse is an individual who was married to the deceased 

employee for at least ten years and was finally divorced from the employee prior to the 

employee's death.

Note: If a final divorce was not effective prior to the employee's death, the spouse may 

qualify as a legal or defacto widow(er).

2.1.102 Amount of Surviving Divorced Spouse’s Annuity

The annuity consists of a tier I component only. It is equal to a 100% share of the EE's 

PIA or maximum based on combined wages and compensation after 1936 reduced for 

the number of months the surviving divorced spouse is under full retirement age.

If the surviving divorced spouse was previously entitled to an age reduced or disabled 

widow(er)'s annuity, her (his) surviving divorced spouse's annuity will also be age 

reduced (even if (s)he is full retirement age at the time (s)he becomes entitled as a 

surviving divorced spouse) and the age reduction will be based on the number of 

months (s)he is under full retirement age on the beginning date of her (his) widow(er)'s 

annuity.

Payment of the tier I benefit may be affected by certain SSA nonpayment provisions. 

Refer to RAC any cases in which alien nonpayment provisions, conviction for 

subversive activities, deportation, (including deportation of the deceased employee due 

to associations with the NAZI government of Germany during World War II), or other 

nonpayment provisions of the SS Act are involved. (See the appropriate survivor benefit 

section of the POMS for nonpayment provision details.)

The tier 1 amount is reduced by the following:

1. Social Security Benefits
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• The amount of any SS RIB/DIB, and

2. Railroad Retirement Employee Annuity

• Net Tier 1 - If either the employee or the surviving divorced spouse had 

railroad earnings prior to 1975, the net tier I amount of any RR retirement 

EE annuity to which the surviving divorced spouse is entitled. (If the 

surviving divorced spouse becomes entitled to an RR spouse annuity or is 

entitled to two surviving divorced spouse's annuities only the higher of the 

two annuities is payable. See RCM 2.1.208.)

• Total Employee Annuity - If neither the employee nor the surviving 

divorced spouse had railroad earnings prior to 1975, the tier 1 of the 

surviving divorced spouse's annuity will be reduced by the total employee 

annuity to which the surviving divorced spouse is entitled (net tier 1, net 

tier 2 and vested dual benefit). 

3. Public Service Pensions

• Two-thirds of the amount of any public pension if first eligible for a public 

pension effective 12-84 or later. (See RCM 2.1.300-2.1.314 for further 

information on public service pensions.)

2.1.103 Annuity Rate Is Zero

If the surviving divorced spouse is entitled to any social security benefit or combination 

of social security benefits which reduces the annuity rate to zero and there is no 

possibility of an ARF which will increase the rate above zero, (s)he cannot be eligible for 

an annuity as a surviving divorced spouse. In initial cases, the application must be 

denied (see RCM 2.1.104(C)). The RLS or LSDP may be paid if there is someone 

eligible to receive it. In post cases, the annuity must be terminated code 46 due to nonentitlement, and if applicable, certification of payment of social security benefits must be 

returned to SSA.

If the surviving divorced spouse is entitled to an employee annuity, a public service 

pension or SS benefit(s) that reduces her (his) rate to zero and there is no possibility of 

an ARF increasing the rate above zero, the RLS may be paid if there are no other 

beneficiaries who are or will be entitled to monthly benefits and there is someone 

eligible to receive it.

If the surviving divorced spouse is entitled to an employee annuity, public service 

pension or SS benefit that reduces her (his) annuity rate to zero and, an ARF at age 62 

and/or full retirement age ARF will increase the annuity rate above zero, the following 

action will be taken:

• In initial cases prepare a constructive award. Advise the applicant that (s)he is 

entitled to an annuity but the annuity rate is zero and why. Explain that (s) he will 
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be eligible for Medicare at age 65 and enter an age 62 and/or full retirement age

ARF tickler call-up, whichever is applicable. If the annuity later terminates, notify 

Policy and Systems-Compensation and Employer Services (P&S-CESC) using 

Form G-59.

• In post cases, suspend using FAST S/T code 54 and enter an age 62 and/or full 

retirement age ARF tickler call-up, whichever is applicable. If the annuity later 

terminates, notify P&S-CESC using Form G-59.

However, if the surviving divorced spouse is entitled to any social security benefit that is 

less than the employee's PIA but larger than her (his) age reduced rate and there is the 

possibility that an age 62 and/or full retirement age ARF will increase the annuity rate 

above zero, (s)he is entitled to an annuity as a surviving divorced spouse but her (his) 

annuity rate is zero. Enter an age 62 and/or full retirement age ARF tickler call-up, 

whichever is applicable.

NOTE: A surviving divorced spouse can be ARFed for non-payment months due to 

reduction for SS entitlement.

2.1.104 Eligibility Requirements

In addition to having been divorced from an employee who has died, who had 120 

months of railroad service or at least 60 months of railroad service after 1995, and a 

current connection, an applicant must meet the following requirements:

A. Age - The surviving divorced spouse must have attained age 60.

NOTE: A person attains a given age on the day preceding the anniversary date 

of his birth. For example, a person born on March 2, 1925 attained age 65 on 

March 1, l990; if his DOB had been March 1, 1925, he would have attained age 

65 on February 28, 1990. 

B. Marriage - The surviving divorced spouse must:

• have been finally divorced from the employee; and

• be unmarried, unless (s)he remarried after (s)he attained age 60 or (s)he 

remarried after (s)he attained age 50 and (s)he was entitled to a disabled 

widow(er)’s annuity at the time of remarriage. 

• This provision is effective for annuities payable 1-1-84 and later. Prior to 

that, a surviving divorced spouse who remarried after her (his) divorce 

from the employee could not be eligible for an annuity unless the later 

marriage(s) had terminated. If a surviving divorced spouse's annuity was 

terminated because (s)he remarried, a new application is required for her 

or him to be reentitled 1-1-84 or later.
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• have been married to the employee for a period of 10 years immediately 

before the date the final divorce became effective (Note: For entitlement 

1/1991 or later, a “deemed” marriage satisfies the 10- year duration of 

marriage requirement for divorced spouses); and

The 10-year marriage requirement is met if the divorce became final on or after 

the 10th anniversary of their marriage.

Even if this period was interrupted by a divorce, the requirement is met as long 

as (s)he and the employee remarried and the remarriage took place no later than 

the calendar year immediately following the calendar year of the divorce. For 

example, if the applicant and the employee were married on 8-9-45, were 

divorced on 5-22-50, remarried on 9-15-51 and were divorced again on 12-1-55, 

she may qualify as a surviving divorced spouse. If the remarriage took place in 

1952, she would not meet the 10-year marriage requirement.

If, at the employee's death, the divorce had not become effective so as to finally 

dissolve the marriage, the applicant may qualify as a widow(er) rather than as a 

surviving divorced spouse. 

C. SS ENT - The SS entitlement requirements are explained in FOM1 405.10.1(E)

2.1.105 Filing

To be entitled to a surviving divorced spouse's annuity the applicant must:

• meet the eligibility requirements outlined in RCM 2.1.104.

• file an application, unless

• (s)he was entitled to a divorced spouse's annuity in the month before the 

month the employee died;

• (s)he was entitled to a surviving divorced mother's (father's) annuity when 

(s)he no longer has a child in care or when (s)he attains full retirement 

age;

• (s)he was entitled to an annuity based on disability in the month before the 

month (s)he attains full retirement age.

Applicants for a surviving divorced spouse's annuity will file an AA-17.

2.1.106 Beginning Date

The beginning date and retroactivity of a surviving divorced spouse annuity is explained 

in FOM-I-111.20, FOM-I-111.51 and FOM-I-112.9.2.
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2.1.107 Surviving Divorced Spouse Also Entitled To Other RR Act 

Annuity

A. Entitled to Retirement Annuity - A surviving divorced spouse may receive both a 

surviving divorced spouse's annuity and a retirement annuity under the RR Act, 

but the surviving divorced spouse's annuity must be reduced for the net tier I 

amount of the employee annuity.

B. Entitled to 1974 Act Spouse's, Widow's or Parent's Annuity - If the surviving 

divorced spouse annuity is larger, entitlement to the other annuity exists; 

however, it is not payable. If the surviving divorced spouse annuity is smaller, no 

entitlement exists and the annuity should be terminated using code 46, or denied 

as appropriate. Any overpayment should be recovered from the 74 Act annuity.

If the 74 Act Annuity terminates and the surviving divorced spouse annuity is 

payable, a new application will be required.

NOTE: The surviving divorced spouse cannot elect to receive the smaller 1981 

Act annuity as there is no entitlement.

C. More than One Surviving Divorced Spouse, Remarried Widow(er), Surviving 

Divorced Parent or Divorced Spouse Annuity Involved - If an individual files for 

more than one of these annuities, (s)he is only entitled to the larger annuity. 

Therefore, deny the smaller annuity per usual procedure.

2.1.108 RLS Previously Paid

A. No Election - If the RLS was previously paid to a surviving divorced spouse 

without an election, (s)he can be paid a monthly annuity as a surviving divorced 

spouse. However, the RLS must be recovered before the surviving divorced 

spouse's annuity can be paid.

If the RLS was paid to more than one person, only recover the share paid to the 

person now eligible for the surviving divorced spouse's annuity.

If the RLS was paid to someone other than the surviving divorced spouse, do not 

recover the RLS.

If the surviving divorced spouse's annuity is being withheld to recover the RLS, 

and the annuitant dies before the RLS is recovered, do not consider the amount 

of the RLS that has not been recovered to be an overpayment.

If recovery of the RLS by full withholding will take longer than 4 years, the 

surviving divorced spouse should be given the option of canceling her (his) 

application or making a cash refund in the amount of the RLS. A signed 

statement from the surviving divorced spouse indicating her (his) choice should 

be obtained. If (s)he cancels, (s)he should be advised that an application for 
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Medicare only must be filed in order to qualify for health insurance through RRB 

at age 65.

B. RLS Elected - If the RLS was previously paid to the widow(er) parent, or 

surviving divorced spouse based on a valid election, the surviving divorced 

spouse cannot be paid an annuity. If the employee was insured at SSA on wages 

alone, the surviving divorced spouse may file for a benefit at SSA.

Prior to the 2-11-1983 legal opinion which stated that an annuity cannot be paid 

to a surviving divorced spouse if the RLS had previously been elected, surviving 

divorced spouse benefits were awarded in cases where the RLS was elected and 

paid. In such cases, the surviving divorced spouse benefits paid were correct.

Payment of the RLS to a remarried widow(er) based on a modified election will 

not preclude payment of an annuity to the surviving divorced spouse. If the 

remarried widow is receiving benefit at SSA based on the employee's wages, 

refer the case to Supervisor-SAS.

2.1.109 When Surviving Divorced Spouse Marries

Effective 1-1-84, if a surviving divorced spouse remarries, her (his) annuity may 

continue. Prior to 1-1-84, if a surviving divorced spouse remarried, her (his) annuity 

terminated unless (s)he married an individual entitled to a widow(er)'s, father's/mother's, 

parent's or childhood disability benefit under the RR Act or SS Act. If a surviving 

divorced spouse's annuity was terminated because (s)he remarried, a new application is 

required for her or him to be reentitled 1-1-84 or later.

2.1.110 When Entitlement Ends

The entitlement of a surviving divorced spouse ends the month before the month in 

which one of the following occurs:

• (s)he dies;

• (s)he becomes entitled to an annuity which is higher than the annuity she 

is receiving as a surviving divorced spouse;

• she becomes entitled to any social security benefit which reduces the 

annuity rate to zero and there is no possibility of an ARF increasing the 

annuity rate above zero.

NOTE: Before 1-1-84, remarriage was a terminating event unless the marriage was to 

an individual entitled to a widow(er)'s, father's/mother's parent's or childhood disability 

benefit under the RR Act or SS Act.
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2.1.111 Effect Of SS Entitlement On Surviving Divorced Spouse's 

Annuity

The surviving divorced spouse cannot be entitled to any social security benefit that 

equals or is larger than the EE's PIA.

A. SS Benefit Exceeds EE's PIA

• If the surviving divorced spouse is entitled to any social security benefit 

that equals or exceeds the EE's PIA at the time (s)he files for an annuity 

as a surviving divorced spouse, deny the application.

• If the surviving divorced spouse becomes entitled to a social security 

benefit that equals or exceeds the employee's PIA after her (his) 

entitlement as a surviving divorced spouse:

• terminate the surviving divorced spouse's annuity, and

• if applicable, transfer Medicare jurisdiction to SSA, and 

• if applicable, transfer the payment certification of social security benefit(s) 

back to SSA using the PC transfer program.

B. SS Benefit Reduces Rate to Zero but Does Not Cause Non-entitlement - Any 

RIB/DIB or survivor SS benefit to which the annuitant is entitled is deducted from 

the annuity. (Refer to the "NOTE" in RCM 2.1.102 for the only exception for 

reducing for SS entitlement.)

If the surviving divorced spouse is entitled to a social security benefit that is less than 

the employee's PIA but larger than the age reduced rate and there is the possibility that 

an age 62 or full retirement age ARF will increase the annuity rate above zero, the 

applicant is entitled to a zero annuity. (Refer to the G-368.1, item 5d instructions to 

determine which non-payment months can be counted in applying an ARF to the 

surviving divorced spouse's annuity.)

When the possibility of an ARF exists, the examiner should process a constructive 

award and enter a call-up to ARF the case at age 62 and/or full retirement age.

2.1.112 Evidence Requirements

Evidence When Required

Application Always, except as described in RCM 2.1.105.

Death of employee Always.
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Compensation, Wages and 

SEI

Always.

Age of surviving divorced 

spouse

Always.

Marriage Always.

Age of employee In “A” cases POA is always required only if the 

employee's DOB has not been previously verified

through submission of the employee’s proof of 

birth

Effective 03-01-2004 POA of deceased employee 

is required in all “D” cases when a survivor 

recurring application is filed.

Legal adoption of child Only when surviving divorced spouses seeks to 

qualify on that basis.

Guardianship (AA-5) If guardian or other legal representative is 

selected as representative payee.

Amount of RRA Employee 

Annuity

Always.

Amount of SS Benefits If surviving divorced spouse is age 62 or older or 

is under age62 and has indicated filing for benefits 

at SSA.

M/S Only when employee's M/S after1936 would be 

creditable under the RR Act or SS Act.

Termination of Prior 

Marriage

If there is reasonable doubt whether prior 

marriage of employee or surviving divorced 

spouse was ended.

Proof of divorce from EE Always.

Proof of termination of 

remarriage

If the surviving divorced spouse had remarried 

after her(his) divorce from the EE or if (s)he 

remarried after her (his) initial entitlement to a 

surviving divorced spouse's annuity and her (his) 

annuity terminated.

Public pension information Always.
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2.1.113 Annuities That May Be Converted To A Surviving Divorced 

Spouse's Annuity

There are two types of annuities that may be converted to a surviving divorced spouse's 

annuity: a divorced spouse's annuity and a surviving divorced mother's/father's annuity. 

Prior to August 1, 1990, only the conversion from a divorced spouse's annuity requires 

the filing of an application (G-476c) and proof of the employee's death. Effective August 

1, 1990, the conversion from a divorced spouse's annuity no longer requires the filing of 

an application. The only verification needed is proof of the employee's death.

2.1.114 Divorced Spouse On The Rolls When EE Dies

The conversion from divorced spouse to surviving divorced spouse will be handled in 

the same way as a spouse-to-widow conversion except that payment will be made 

manually. So that (s)he may continue to receive benefits without interruption, the 

surviving divorced spouse of a completely insured annuitant is deemed to have filed an 

application for a surviving divorced spouse annuity. (S)he continues to receive the 

divorced spouse annuity until the surviving divorced spouse annuity is awarded, unless 

evidence in file creates doubt as to eligiblility for a surviving divorced spouse's annuity.

When the surviving divorced spouse annuity is ready to be processed, terminate the 

divorced spouse's annuity. Recover the divorced spouse annuity payments made after 

the employee's death from the surviving divorced spouse's annuity accrual and then 

award the surviving divorced spouse annuity.

2.1.115 Surviving Divorced Mother's/Father's Annuity In Force When 

Surviving Divorced Mother (Father) Attains Age 60

When a surviving divorced mother (father) attains age 60, (s)he continues to receive a 

surviving divorced mother's (father's) annuity until the earlier of the following:

• the first of the month in which (s)he does not have a child under age 16 in 

her (his) care; or

• the first of the month in which she attains full retirement age.

(Exception: If a surviving divorced mother (father) who does not meet the 10-year 

marriage requirement has a child under age 16 or over age 16 and disabled in her care 

when (s)he attains full retirement age her (his) annuity may continue.)

At that time the surviving divorced mother's annuity is converted to a surviving divorced 

spouse's annuity, provided (s)he meets the 10-year marriage requirement.

For additional information see RCM 2.3.114.
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2.1.116 Disabled Surviving Divorced Spouse Attains Age 60

Under SS Act rules a disabled surviving divorced spouse's annuity is not considered an 

age annuity until (s)he attains full retirement age. 

When a disabled surviving divorced spouse on the rolls attains full retirement age, her 

(his) annuity is not actually converted to a surviving divorced spouse's annuity. The 

award form symbol remains "KR" or "KA" as long as (s)he is entitled under the 

application on which the disabled surviving divorced spouse's annuity was awarded.

Cases in which the disabled surviving divorced spouse's annuity was not payable for 

some months due to entitlement to a surviving divorced mother's/father's annuity are 

called up when the surviving divorced spouse attains age 62. At that time adjust the 

number of reduction months to eliminate those for which a disabled surviving divorced 

spouse's annuity was not paid and recertify the annuity; however, retain the symbol 

"KR" or "KA" for the surviving divorced spouse on the recertified award.

2.1.200 Remarried Widow(er)’s Annuity

Under the 1981 Amendments to the RR Act, widow(er)s who have remarried, but who 

would qualify for widow(er)'s benefits under the SS Act, may qualify for annuities as 

"remarried widow(er)s".

To qualify as a widow(er) under the SS Act, a widow(er) must be remarried. If a 

widow(er) remarries after age 60 that marriage is deemed not to have occurred and 

widow(er)'s benefits may continue.

The 1981 Amendments provided eligibility to these two categories of remarried 

widow(er)s/widow(er) who remarried after the employee's death but are now unmarried, 

and widow(er)s who remarried after age 60.

Young mothers or fathers who have remarried but are now unmarried or who, after their 

entitlement, marry an individual entitled to certain types of benefits may also qualify as 

remarried young mothers or fathers (see RCM 2.3.200 et seq.)

The 1983 SS Act Amendments provide that if a surviving divorced spouse remarries 

after age 60 that marriage is deemed not to have occurred. In addition, if a widow or 

surviving divorced spouse remarries after age 50 that marriage is deemed not to have 

occurred if (s)he was entitled to disability benefits before the marriage occurred. If a 

disabled widow(er) or disabled surviving divorced spouse remarries after age 50 and 

after becoming disabled (i.e., after the disability onset date) that marriage is deemed not 

to have occurred.

2.1.201Remarried Widow(er) Defined

A remarried widow(er) is the surviving legal or de facto wife or husband of a deceased 

employee who remarried after the employee's death but is now unmarried unless that 
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marriage took place after (s)he attained age 60 or after (s)he attained age 50 if (s)he 

was entitled to a disabled widow(er)'s annuity at the time of remarriage.

(A) Widow remarried before age 60 but is now unmarried. It does not matter how her 

(his) marriage(s) after the employee's death ended as long as (s)he is now 

unmarried.

Example 1: Employee dies. Widow remarries at age 45. Her second husband

dies. She is eligible at age 60 for a remarried widow's annuity.

Example 2: Employee dies. Widow remarries. She and her second husband get 

a divorce. She is eligible at age 60 for a remarried widow's annuity.

(B) Widow remarried after age 60.

A widow(er) who remarried after age 60 may be married at the time (s)he files or, 

if (s)he is receiving a widow(er)'s annuity when she remarries, her (his) 

widow(er)'s annuity ends and (s)he will be entitled to further benefits as a 

remarried widow(er).

Example 1: Widow has been receiving a widow's annuity since 6-79. She 

remarries in 3-82 at 64. Her widow's annuity ends in 2-82 and she is entitled to a 

remarried widow's annuity in 3-82.

Example 2: Widow was receiving a widow's annuity until 3-80 when she 

remarried. She was 62 when she remarried. She may qualify as a remarried 

widow effective 10-81.

(C) Widow remarried after age 50 and was entitled to a disabled widow's annuity 

when the marriage occurred.

A widow(er) who was previously entitled as a disabled widow(er), remarried after 

age 50 and after (s)he became entitled to a disabled widow(er)'s annuity, and 

subsequently lost entitlement may file at age 60 for an annuity as a remarried 

widow.

Example: Widow became entitled as a disabled widow at age 51 in 6-2006. She 

recovered from her disability and her disabled widow's annuity terminated in 5-

2010. She remarried in 3-2009. She may file for a remarried widow's annuity at 

age 60 since her marriage took place after age 50 and she was entitled to a 

disabled widow's benefit when the marriage occurred.

2.1.202 Amount of Remarried Widow(er)’s Annuity

The annuity consists of a tier I component only. It is equal to a 100% share of the EE's 

PIA or maximum based on combined wages and compensation after 1936 reduced for 

the number of months the remarried widow(er) is under full retirement age.
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If the remarried widow(er) was previously entitled to an age reduced or disabled 

widow(er)'s annuity, her (his) remarried widow(er)'s annuity will also be age reduced 

(even if (s)he is full retirement age at the time (s)he becomes entitled as a remarried 

widow(er)) and the age reduction will be based on the number of months (s)he is under 

full retirement age on the beginning date of her (his) widow(er)'s annuity.

Payment of the tier I benefit may be affected by certain SSA nonpayment provisions. 

Refer to RAC any cases in which alien nonpayment provisions, conviction for 

subversive activities, deportation, (including deportation of the deceased employee due 

to associations with the NAZI government of Germany during World War II), or other 

nonpayment provisions of the SS Act are involved. (See the appropriate survivor benefit 

section of the POMS for nonpayment provision details.)

The tier 1 amount is reduced by the following:

1. Social Security Benefits

• The amount of any SS RIB/DIB, and

• For remarried widow(er)s annuities awarded on August 12, 1983 or later, 

the amount of any social security benefit.

NOTE: In any case where the remarried widow(er)'s annuity was awarded prior 

to August 12, 1983, no reduction should be made in the annuity for any social 

security benefit other than one based on old age or disability, i.e., RIB or DIB.

2. Railroad Retirement Employee Annuity

• Net Tier 1 - If either the employee or the remarried widow(er) had railroad 

earnings prior to 1975, the net tier I amount of any RR retirement EE 

annuity to which the remarried widow(er) is entitled. (If the remarried 

widow(er) becomes entitled to an RR spouse annuity or is entitled to two 

remarried widow(er)'s annuities only the higher of the two annuities is 

payable. See RCM 2.1.208.)

• Total Employee Annuity - If neither the employee nor the remarried 

widow(er) had railroad earnings prior to 1975, the tier 1 of the remarried 

widow(er)'s annuity will be reduced by the total employee annuity to which 

the remarried widow(er) is entitled (net tier 1, net tier 2 and vested dual 

benefit). 

3. Public Service Pensions

• Two-thirds of the amount of any public pension if first eligible for a public pension 

effective 12-84 or later. (See RCM 2.1.300-2.1.314 for further information on 

public service pensions.)
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2.1.203 Annuity Rate Is Zero

If the remarried widow(er) is entitled to any social security benefit or a combination of 

social security benefits which reduces the annuity rate to zero and there is no possibility 

of an ARF which will increase the rate above zero, (s)he cannot be eligible for an 

annuity as a remarried widow(er). In initial cases, the application must be denied (see 

RCM 2.1.204(C)). The RLS or LSDP may be paid if there is someone eligible to receive 

it. In post cases, the annuity must be terminated code 46 due to non-entitlement, and if 

applicable, certification of payment of social security benefits must be returned to SSA.

If the remarried widow(er) is entitled to an employee annuity, public service pension or 

SS benefit(s) which reduces her (his) rate to zero and there is no possibility of an ARF 

increasing the rate above zero, the RLS may be paid if there are no other beneficiaries 

who are or will be entitled to monthly benefits and there is someone eligible to receive it. 

If the remarried widow is entitled to an employee annuity, public service pension or SS 

benefit that reduces her (his) annuity rate to zero and, an ARF at age 62 and/or full 

retirement age ARF will increase the annuity rate above zero, the following action will be 

taken:

• In initial cases prepare a constructive award. Advise the applicant that (s)he is 

entitled to an annuity but the annuity rate is zero and why. Explain that (s) he will 

be eligible for Medicare at age 65 and enter an age 62 and/or full retirement age

ARF tickler call-up, whichever is applicable. If the annuity later terminates, notify 

Policy and Systems-Compensation and Employer Services (P&S-CESC) using 

Form G-59.

• In post cases, suspend using FAST S/T code 54 and enter an age 62 and/or full 

retirement age ARF tickler call-up, whichever is applicable. If the annuity later 

terminates, notify P&S-CESC using Form G-59.

However, if the remarried widow(er) is entitled to any social security benefit that is less 

than the employee's PIA but larger than her (his) age reduced rate and there is the 

possibility that an age 62 and/or full retirement age ARF will increase the annuity rate 

above zero, (s)he is entitled to an annuity as a remarried widow(er) but her (his) current 

annuity rate is zero. Enter an age 62 and/or full retirement age ARF tickler call-up, 

whichever is applicable.

NOTE: A remarried widow can be ARFed for non-payment months due to reduction for 

SS entitlement.

2.1.204 Eligibility Requirements

The eligibility requirements for the remarried widow is explained in FOM1 405.10.1 

and FOM1 405.10.2 .
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2.1.205 When Application Required

To be initially entitled as a remarried widow(er) the applicant must:

• meet the eligibility requirements outlined above.

• file an application (AA-17).

No application will be required for a remarried widow(er)'s annuity if the individual is 

entitled to a widow(er)'s annuity in the month of remarriage.

2.1.206 Beginning Date

A. Not Previously Entitled to a Widow(er)'s Annuity - The annuity of a remarried 

widow(er) who was not previously entitled to a widow(er)'s annuity begins on the 

latest of the following:

1. If (s)he is full retirement age or over in the month of filing:

• 10-1-81; or

• the first day of the month in which the employee died; or

• first day of the month (s)he attains full retirement age or (for filing) dates of 

July 1983 or later) the first day of the month preceding the month 

remarried widow(er) attains full retirement age if the employee died in that 

preceding month; or

• first day of the sixth month before the month of filing (e.g., if the applicant 

filed in August her (his) annuity may begin in February).

• first day of the month in which her (his) marriage ends, if (s)he remarried 

before age 60.

2. If (s)he is under age full retirement age in the month of filing:

• the first day of the month in which the EE died;

• 10-1-81; or

• first day of the month (s)he attains age 60; or

• first day of the month of filing, or (for filing dates of July 1983 or later) the 

first day of the month preceding the month of filing if the employee died in 

that preceding month; or
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• first day of the month in which her (his) marriage ends, if (s)he remarried 

before age 60.

B. Previous Entitled to a Widow(er)'s Annuity - The annuity of a remarried widow(er) 

who was previously entitled to a widow(er)'s or disabled widow(er)'s annuity 

begins on the latest of the following:

• the first day of the month in which the EE died;

• 10-1-81; or

• first day of the month of remarriage; or

• first day of the sixth month before the month of filing. (NOTE: Even if the 

remarried widow(er)'s annuity is age reduced, it can retroact six months 

since the age reduction is fixed by the beginning date of the widow(er)'s 

annuity.)

• 1-1-84, if (s)he remarried before attaining age 60 and after attaining age 

50 and was disabled before the marriage occurred.

2.1.207 Earnings Restrictions

A remarried widow under age 70 is subject to regular survivor earnings restrictions.

2.1.208 Remarried Widow(er) Also Entitled To Other RR Act Annuity

A. Entitled to RR Act Retirement Annuity - A remarried widow(er) may receive both 

a remarried widow(er)'s annuity and a retirement annuity under the RR Act, but 

the remarried widow(er)'s annuity must be reduced for the EE tier I amount as 

defined in RCM 8.9 G-364.1 item 86 instructions.

B. Entitled to 1974 RR Act Spouse Widow(er)'s or Parent's Annuity - If the remarried 

widow(er)'s annuity is larger, entitlement to the other annuity exists; however, it is 

not payable. If the remarried widow(er)'s annuity is smaller, no entitlement exists 

and the annuity should be terminated using code 46, or denied as appropriate. 

Any overpayment should be recovered from the 74 Act annuity.

If the 74 Act annuity terminates and the remarried widow's benefit is payable, a 

new application will be required.

NOTE 1: The remarried widow cannot elect to receive the smaller 1981 Act 

annuity as there is no entitlement.

NOTE 2: When the RIB is greater than the 1981 Act annuity the 1974 Act 

annuity would still be payable.
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C. More than One Surviving Divorced Spouse, Remarried Widow(er), Surviving 

Divorced Parent or Divorced Spouse Involved - If an individual files for more than 

one of these annuities, (s)he is only entitled to the larger annuity. Therefore, deny 

the smaller annuity per usual procedure.

2.1.209 RLS Previously Paid

A. No Election or Modified Election Filed - If the RLS was previously paid to a 

remarried widow(er) either without an election or with a modified election, (s)he 

can be paid a monthly annuity as a remarried widow(er). However, the RLS must 

be recovered before the remarried widow(er)'s annuity can be paid.

If the RLS was paid to more than one person, only recover the share paid to the 

person now eligible for the remarried widow(er)'s annuity.

If the RLS was paid to someone other than the remarried widow(er), do not 

recover the RLS.

If the remarried widow(er)'s annuity is being withheld to recover the RLS, and the 

annuitant dies before the RLS is recovered, do not consider the amount of the 

RLS that has not been recovered to be an overpayment.

If RLS recovery by full withholding will take longer than 4 years, the remarried 

widow(er) should be given the option of canceling her (his) application or making 

a cash refund in the amount of the RLS. A signed statement from the remarried 

widow(er) indicating her (his) choice should be obtained. If (s)he cancels, (s)he 

should be advised that an application for Medicare only must be filed in order to 

qualify for health insurance through RRB at FRA.

If an applicant for a remarried widow(er)'s annuity signed a modified election and 

is receiving a widow(er)'s benefit at SSA on the basis of the employee's wages 

only, refer the case to SAS.

B. Election Filed - If the remarried widow(er) previously elected and was paid the 

RLS, her application for a remarried widow(er)'s annuity must be denied. By 

electing the RLS, (s)he agreed to give the rights to future benefits under the RR 

Act. However, (s)he may qualify for a benefit at SSA if the employee was insured 

under the SS Act solely on the basis of wages.

2.1.210 When Entitlement Ends

The entitlement of a remarried widow(er) ends the month before the month in which one 

of the following occurs:

• (s)he dies;
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• (s)he becomes entitled to any social security benefit which equals or 

exceeds the employee's PIA and reduces the annuity amount to zero;

• (s)he becomes entitled to a railroad spouse or widow(er)'s annuity which 

is higher than the annuity (s)he is receiving as a remarried widow(er).

2.1.211 Effect Of SS Entitlement On Remarried Widow(er)'s Annuity

The remarried widow(er) cannot be entitled to any social security benefit that equals or 

is larger than the employee's.

A. SS Benefit Exceeds EE's PIA

• If the remarried widow(er) is entitled to any social security benefit that 

equals or exceeds the EE's PIA at the time (s)he files for an annuity as a 

remarried widow(er), deny the application.

• If the remarried widow(er) becomes entitled to a social security benefit that 

equals or exceeds the employee's PIA after her (his) entitlement as a 

remarried widow(er):

• terminate the remarried widow(er)'s annuity, and

• if applicable, transfer Medicare jurisdiction to SSA, and

• if applicable, transfer payment certification of social security benefit back 

to SSA using the PC transfer program.

B. SS Benefit Reduces Rate to Zero But Does Not Cause Non-Entitlement

Any RIB/DIB or survivor SS benefit to which the remarried widow(er) is entitled to 

is deducted from the annuity. (Refer to the "NOTE" in RCM 2.1.202 for the only 

exception for reducing for SS entitlement.)

If the remarried widow(er) is entitled to a social security benefit that is less than 

the employee's PIA but larger than the age reduced rate and there is the 

possibility that an age 62 or full retirement age ARF will increase the rate above 

zero, the applicant is entitled to a zero annuity. (Refer to the G-368.1, item 5d 

instructions to determine which non-payment can be counted in applying an ARF 

to the remarried widow(er)'s annuity.)

When the possibility of an ARF exists, the examiner should process a 

constructive award and enter a call-up to ARF the case at age 62 and/or full 

retirement age.
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2.1.212 Evidence Requirements

Evidence When Required

Application Always, unless the remarried widow(er) was entitled to a 

widow(er)'s annuity in the month (s)he remarried.

Death of employee Always.

Compensation, Wages 

and SEI

Always.

Age of remarried 

widow(er)

Always.

Marriage Always.

Proof of termination of 

remarriage

If widow(er) remarried before age 60.

Proof of remarriage If widow(er) was not previously entitled to widow(er)'s 

benefits after (s)he attained age 60 (to verify that the 

remarriage occurred after age 60).

Age of employee In “A” cases POA is always required only if the 

employee's DOB has not been previously verified through 

submission of the employee’s proof of birth

Effective 03-01-2004 POA of deceased employee is 

required in all “D” cases when a survivor recurring 

application is filed.

Legal adoption of child Only when remarried widow(er) seeks to qualify on that 

basis.

Guardianship (AA-5) If guardian or other legal representative is selected as 

representative payee.

Amount of RR Employee 

Annuity

Always.

Amount of SS Benefit If remarried widow(er) is age 62 or older or is under age 

62 and has indicated filing for benefits at SSA.
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M/S Only when employee's M/S after 1936 would be 

creditable under the RR Act or SS Act.

Termination of prior 

marriage

If there is reasonable doubt whether a prior marriage of 

employee or remarried widow(er) was ended.

Public pension information Always.

2.1.213 Widow(er) Currently On The Rolls Remarries

If an aged widow(er) currently on the rolls remarries, her (his) widow(er)'s annuity 

terminates, but (s)he may be entitled to further benefits as a remarried widow(er) since 

(s)he will have remarried after age 60.

A. Handling - When notice is received that the widow(er) has married, terminate the 

widow(er)'s annuity. Use code 44 on FAST/S-T.

• If (s)he is entitled to a remarried widow(er)'s annuity, compute the amount 

of the remarried widow(er)'s annuity and reinstate benefits under the new 

beneficiary symbol and payee code. If (s)he is entitled to an SS benefit, 

allow that benefit to continue under the widow(er)'s claim number.

• If (s)he is not entitled to a remarried widow(er)'s annuity (e.g., her (his) 

RIB exceeds the EE's PIA), transfer payment of her (his) SS benefit to 

SSA as described in SSC Procedures sec. 1000 et seq.)

• If (s)he is entitled to a zero annuity, handle according to the instructions in 

RCM 2.1.203.

B. Overpayment Involved

• If checks have been released for any month in which there is no 

entitlement, ask for the gross amount back according to current 

overpayment procedures.

• If there is entitlement to a remarried widow(er)'s annuity for a month for 

which a not-due payment of her (his) widow(er)'s annuity was made, 

withhold the accrual to recover her (his) widow(er)'s annuity overpayment, 

start benefits in the current month, and follow due process procedures to 

recover the remaining overpayment.

2.1.214 Remarried Young Mother's/Father's Annuity In Force When 

Remarried Young Mother/Father Attains Age 60

When the remarried young mother/father attains age 60, (s)he continues to receive a 

remarried young mother's/father's annuity until the earlier of the following:
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• first of the month in which a child under age 16 is not in care; or

• first of the month (s)he attains full retirement age.

• At this time the remarried young mother's/father's annuity is converted to a 

remarried widow(er)'s annuity. For additional information regarding the 

conversion, refer to RCM 2.3.213.

2.1.215 Remarried Disabled Widow(Er) Attains Age 60

Under the SS Act rules a disabled remarried widow(er)'s annuity is not considered an 

age annuity until (s)he attains full retirement age.

When a remarried disabled widow(er) on the rolls attains full retirement age, her (his) 

annuity is not converted to a remarried widow(er)'s annuity. The widow(er)'s award form 

symbol remains "RR" or "RA" as long as (s)he is entitled under the application on which

the disabled remarried widow(er)'s application was awarded.

Cases in which the disabled remarried widow(er)'s annuity was not payable due to 

entitlement to a remarried young mother's annuity are called up when the widow(er) 

attained age 62. At that time, adjust the number of reduction months to eliminate those 

for which a disabled remarried widow's annuity was not paid and recertify the annuity. 

Retain the symbol "RR" or "RA" for the remarried widow(er) on the recertified award.

2.1.300 Public Service Pensions

The 1977 SS Act Amendments provided that individuals receiving both an SS widow(er) 

benefit and a pension based on their own public service (i.e., government) employment 

may have their SS benefit reduced by the amount of their public service pension. The 

purpose of the public pension offset was to ensure that these individuals would not 

receive a combined monthly benefit greater than the monthly benefit received by 

individuals getting both an SS widow(er) benefit and a RIB/DIB based on their own 

employment.

The 1983 SS Act Amendments changed the public pension offset amount from the full 

amount of the public service pension to two-thirds of the pension amount.

Because the widow(er)’s tier I is computed like an SS Act benefit, we must reduce it for 

the public service pension just as SSA would. 

2.1.301 When Public Service Pension Provisions Apply

Unless the conditions for exception to the public service offset as explained in 2.1.312

are met, tier I must be reduced for any public service pension (PSP) when a pension is 

payable based on her own employment by a unit of the Federal, state or local 

government; and:
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The individual is entitled to an RR Act widow(er)-type annuity based on an application 

filed on or after December 1, 1977; and 

FICA taxes were not deducted from the employment on which the pension is based as 

defined in RCM 2.1.310. 

NOTE: If an individual converts from one type to another and no application is required, 

an individual is not subject to offset if her prior entitlement was based on an application 

filed prior to December 1977.

2.1.302 "Public Service" Defined

Public service means service performed for the U.S. government, a state government or 

any political subdivision of a state, such as a city, county, town, township, village, school 

or sanitation district. Service for the government of a foreign country or any political 

subdivision in not included. The definition of "state" includes the 50 states, the District of 

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam and American 

Samoa.

Interstate instrumentalities (i.e., an instrumentality of two or more states organized as a 

body corporate) are not considered public service for reduction purposes.

2.1.303 "Pension" Defined

A public service pension means any periodic benefit, or lump-sum payment made in lieu 

of a periodic benefit, payable to an individual because of her own employment with a 

Federal, state or local government unit. A pension is a payment based on earnings from 

employment and, as such, includes both retirement pensions (based on age and 

service) and disability pensions. The program under which the pension is paid does not 

have to be administered by the government entity by which the individual was 

employed; it may be administered by a different government agency or a private 

insurance company.

Full salary benefits paid to a retired or resigned judge under the Federal Judiciary 

Retirement System are considered public service pensions.

2.1.304 Payments Not Considered a PSP

The following types of payments are not considered Public Service Pensions for offset 

purposes:

• Lump-Sum Payments - A lump-sum payment that is actually a refund of the 

individual’s contributions plus interest is not a pension for offset purposes.

• Periodic Benefits - Periodic benefits that are not considered pensions for reduction 

purposes are: payments under the Federal Employee ’s Compensation Act (Office of 
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Worker’s Compensation Programs); black lung benefits; Railroad Retirement 

annuities; Social Security benefits; and VA payments of any kind.

• Military Service Pensions - Effective 1-95, military service pensions are also 

excluded from PSP offset. If a PSP offset was deducted before January 1995, it 

should have been removed effective January 1, 1995.

Before 1-95, the PSP offset would not apply if the last day of employment in active 

military service was after 1956. However, if active duty after 1956 was not used to 

determine the pension or if the last day of service on which the pension is based 

was non-active duty reserve time, the MS pension will cause a PSP offset. All MS 

pensions which began before 1957 will cause a PSP offset, even though the 

individual may have received gratuitous SS wage credits for the pre-57 MS.

• Worker’s Compensation Payments - Payments made under a specific Federal or 

state law which would cause an offset against disability benefits at SSA are not 

considered pensions for reduction purposes. However, periodic benefits made to 

state and local government employees because of work-related injury or disease 

(i.e., payments in lieu of worker’s compensation) may not be exempt for reduction 

purposes. If such a case comes to your attention, refer it to Policy and Systems/RAC 

for handling.

2.1.310 Exemption Based on FICA Coverage 

A. Employed by Federal Government.--If, on the last day of employment, the widow(er) 

was employed by the federal government, use this chart to determine if the PSP 

offset applies.

FICA 

Deductions 

Claimed 

FERS 

Elected 

Before 

7-1-1988 

FERS 

Elected in 

1998 

Action to Be Taken

Yes No No The record should show that Federal 

employment began after 12/31/83. If the 

claim is supported, do not apply the PSP 

offset. If not, contact the F/O and have the 

widow secure proof.

Yes Yes No If the record shows that SS deductions 

were made on the date last worked, do not 

apply the offset. If the earnings are shown 

under MQGE-non-covered or Medicare 

Total, apply the reduction.
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No No No Apply the PSP reduction. 

Yes No Yes If the records show that SS deductions 

were made for 60 or more months after 

FERS was elected and before the OBD, 

do not apply the PSP offset.

Federal employees who receive a pension under the CSRS Offset retirement plan 

are in a unique class. In order to receive a CSRS Offset pension, the widow(er) 

must have been an employee of the federal government before 1983, had a break 

in service of at least 365 days and then returned to federal service after 12-1-83.

Note: Federal employment covered by Medicare only will not exempt the person 

from PSP offset.

B. Employed by State or Local Government.--If, on the last day of employment, the 

widow(er) was employed by a state or local agency, determine if the PSP offset 

applies using the following instructions:

1. The widow(er)’s exemption is determined under P,L.108-203. P.L.108-203, 

enacted on March 2, 2004, changed the requirements for exemption from the 

PSP offset. 

If the widow(er)’s application is filed after March 2004 and the last day of 

public service employment is after June 30, 2004, FICA taxes must have 

been deducted from the public service wages for the last 60 months of 

employment. If not, the PSP offset applies.

NOTE: If a determination is being made for a widow(er) who was initially 

paid as a spouse and entitlement was continuous, use the filing 

date of the spouse application to determine if P.L.108-203 applies

Grandfather Provision

P.L.108-203 includes a grandfather provision to lessen the impact on public 

service employees who will retire within the next 5 years. Under this provision, 

any months before March 2004 in which FICA taxes were deducted from the 

public service wages are subtracted from the 60 months needed for exemption. 

They need not be continuous. A maximum of 59 months can be subtracted. The 

months of FICA covered service necessary to fulfill the 60-month period must be 

continuous and include the last month of public service employment. 

Example: Ms. Jones was working for a state agency in March 2004. FICA taxes 

were not being deducted from her wages. For 12 months in 1997 and 3 months 

in 2002, she worked under the same retirement plan and FICA taxes were 

deducted. 
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Because FICA taxes were previously deducted for 15 months, the requirement 

that her last 60 months of public service employment have FICA deductions is 

reduced. Only the last 45 months of her public service employment must have 

FICA deductions. 

The grandfather provision cannot apply if the applicant’s day last worked is after 

March 2, 2009. 

2. If the widow(er)’s application was filed before April 2004 or the last day of 

public service employment is before July 1, 2004, exemption is determined 

under the 1977 Social Security Act Amendments. Under these amendments, 

a widow(er) employed by a state or local agency was exempt from offset if 

FICA taxes were deducted on the last day of employment. Last day of 

employment is defined in the next section. 

2.1.311 Last Day of Employment Defined

The last day of employment is usually the same as the "last day worked" or the official 

"termination date." It is not the same as the last day worked when the position held on 

the last day worked is not covered under the pension plan. Do not develop the last day 

of employment unless there is reason to believe that the date furnished is incorrect.

These situations may require development:

• The individual terminates employment in a position covered by a pension 

plan but not covered under the SS Act, and then returns to work for the 

same employer in a position not covered by a pension plan, but covered 

under SSA (e.g., a part-time position). Since the pension would not be 

based on any of the employment covered under the SS Act, the individual 

would be subject to reduction; or

• The individual terminates employment in a position covered by a pension 

plan but not covered under the SS Act, and then returns to work for the 

same employer in a position covered by the same pension plan and 

covered under SSA. Since the pension is based on employment covered 

under the SS Act, the offset will not apply; or

• NOTE: This situation applies primarily to school teachers. Their teaching 

jobs were not covered under social security. On or after their last day of 

teaching, they worked at a non-teaching position that was covered under 

both the teacher retirement system and Social Security. The Office of the 

General Counsel has determined that if the last day of employment is 

covered under the SS Act and is used to compute the pension, the PSP 

offset will not apply. The length of employment in the second position 

does not matter. 
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• The individual is transferred by his or her employer from a position not 

covered by SS to a position which is covered by SS. If only the position

not covered by SS was covered under the pension plan, the individual’s 

last day of employment is the last day she held the non-covered position. 

Since that position was not covered under the SS, the offset would apply.

• If, however, both positions were covered under the pension plan, the 

individual would be exempt from PSP reduction because the position held 

was covered under SS on the last day of employment; or

• The individual holds a second job with the same employer for whom she is 

working full-time in a position covered by a pension plan, but not by SS. If 

the second job (i.e., a part-time position) is covered by SS, but not by the 

pension plan and the individual ceases employment in both positions on 

the same day, she would still be subject to reduction for PSP since the 

pension was based on the full-time position.

2.1.312 Exception to the PSP Provision

Exceptions to the PSP provision were made to lessen the impact on individuals who 

were within a few years of eligibility to their public service pension at the time of 

enactment.

Conditions for Exception - Annuities payable for any month after November 1977 will 

never be subject to reduction for a PSP if at the time of filing the applicant:

1. Could meet the entitlement requirements for an SS widow(er) benefit, as in effect 

and being administered in January 1977 (if the EE ’s RR earnings had been 

covered under the SS Act); and

2. Is entitled to or eligible for the PSP for any month in the period from December 

1977 through November 1982. If the applicant would have been eligible for the 

PSP before December 1982 except for a requirement which postponed eligibility 

until the month after the month in which all other requirements were met, the 

annuity will not be subject to a PSP reduction effective December 1, 1984.

For the purpose of applying this exception, the RRB filing date and OBD are immaterial. 

The applicant need not file for or become entitled to any annuity prior to December 1982 

for it to apply.

In addition, for annuities payable for months after November 1982, the public service 

pension offset will not apply if the applicant:

1. Is entitled to or eligible for the PSP for any month prior to July 1, 1983; and

2. Was dependent on the employee for one-half support at the employee’s tier I 

beginning date, disability onset date or date of death.
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Proof of one-half support guidelines are in RCM 4.7. The usual time limit for filing proof

of support does not apply in this situation.

2.1.313 SSA’s January 1977 Requirements

To meet the first condition of the exception, all of the requirements necessary for an SS 

Act widow(er) benefit that were in effect and being administered in January 1977 must 

be met at the time of filing for an RR Act annuity. The requirements need not have 

actually been met in January 1977 for this condition to apply. (For example, a widow 

filing in 1981 must be age 60 in 1987, not 1977.)

Below is a list of survivor beneficiaries who meet the SSA requirements in effect in 

January 1977:

• Widows

• Dependent Widowers

• Young Mothers/Fathers

• Remarried Widows

• Dependent Remarried Widowers if remarriage occurred after age 60

• Dependent Remarried Widowers

• Surviving Divorced Spouses married to the employee for at least 20 years

• Surviving Divorced Mothers

• Remarried Young Mothers/Fathers

Categories of beneficiaries who do not meet the January 1977 SS requirements and do 

not qualify for exception in their benefits are:

• Non-dependent Widowers

• Surviving Divorced Husbands

• Surviving Divorced Fathers

• Surviving Divorced Spouses married to the employee for less than 20 

years

• Non-dependent Remarried Widowers

• Dependent Remarried Widowers who remarried before age 60
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• Non-dependent Remarried Widowers

2.1.314 "Entitled to" Defined

"Entitled to" means that all of the requirements for the pension have been met, the 

application has been filed and the pension is either being paid or is due to be paid for 

the month, although payment may not yet have actually been made.

2.1.315 "Eligible For" Defined

"Eligible For" means that the pension would be payable (i.e., all age and service 

requirements have been met) but the individual has not yet ceased employment for the 

employer paying the pension or any other employer, and has not filed an application for 

the pension.

If a widow(er)’s PSP was first payable after November 1982 or July 1983 and she meets

the other condition for exception explained above, she must prove that she was eligible 

for a pension before December 1982 or July 1983 in order to qualify for that exception.

2.1.316 "Eligible For" Provision and Federal Employment

SSA has determined that the following types of Federal employees may qualify for 

exception under the "eligible for" provision:

• Those who meet the requirements for an "early-out" prior to December 

1982 or July 1983 but continue to work after that date.

• Those eligible for a discontinued service annuity (involuntary separation 

not due to misconduct, at age 50 with 20 years or any age with 25 years) 

prior to December 1982 or July 1983 regardless of whether they take 

advantage of it or not; and,

• Those who elected a deferred retirement annuity (stopped Federal 

employment at an early age knowing they would not be eligible for their 

pension until age 62) provided age 62 is attained prior to December 1982 

or July 1983. This is regardless of whether or not they begin to receive 

their pension prior to December 1982 or July 1983.

2.1.320 Timetable for Applying the Provision

The PSP reduction provision applies to RRB widow(er) annuitants payable for months 

after November 1977, based on applications filed December 1, 1977 or later. Specific 

categories of annuities are affected as follows:
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PSP Eligibility/ 

Entitlement Date

Widow(er)s Subject To 

PSP Offset

Widow(er)s Exempt From 

PSP Offset

A. Before12-1-82 Non-Dependent Males 

Divorced Female

Married Less Than 20 Years

Divorced Males

Females

Divorced Female

Married 20 or More Years

Dependent Males

B. Before7-1-83 All Non-dependent:

Males

Females

Divorced Males

Divorced Females

Regardless of Length of 

Marriage

Beginning with Annuities 

Payable for months after 

November 1982,

All Dependant:

Males

Females

Divorced Males

Divorced Females

Regardless of length Of 

Marriage

C. After6-30-83 All Categories Regardless of 

Dependency

Widow(er)s who elected 

FERS during the Open 

Season which ended 7-1-

1988.

Widow(er)s who elected 

FERS during the Open 

Season which ended 12-31-

1998 and worked in covered 

Federal Employment for 60 

months or more after the 

effective date of the election 

and before the OBD.

2.1.321 Examiner Action

Take the following actions when handling a case with PSP involvement:

Initial Cases:

1. Review or develop for PSP information;

2. Determine if the employment was "public service";

3. Determine if the pension meets the criteria for reduction;

4. Compare the applicant's PSP statement and SS wage record;
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5. Determine the pension amount;

6. Determine the effective date of reduction;

7. Determine if verification of the pension amount is necessary; and

8. Make a SURPASS award.

Post Entitlement Cases - When an annuitant notifies the RRB of receipt of a PSP after 

she has been receiving an annuity, have the F/O secure a completed Form G-208, 

"Public Service Pension Questionnaire" and follow the steps 2 through 8 given above.

PSP Offset Does not Apply - If you determine that the widow is entitled to a PSP but 

exempt from offset, this information must be entered into the PREH record. Take one of 

the following actions to do this:

Using the PREH On-Line Correction facility, enter a "1" in 3200-PSP-RED-STAT-CD. If 

the PSP is paid by OPM, enter a "1" in 3200-PSP-SOURCE-CD. If the PSP is not paid 

by OPM, enter a "2". OR,

If award action is necessary, on the TIER 1/RATE DEDUCTION screen, enter a "2" in 

Select Deduction Type, and a "1" in PSP Reduction STATUS. Enter a "1" in PSP Pay 

Source if the pension is paid by OPM. Enter a "2" if it is not paid by OPM.

Use the PREH on-line correction facility to keep the Research record up to date 

whenever a change in PSP rate or entitlement occurs that does not require award 

activity. Enter the correct offset amount in 3210-PSP-AMT.

2.1.322 PSP Information

PSP information should be handled as follows:

Initial Cases - If PSP information is not submitted with the application, or is incomplete, 

develop for the information needed through the servicing F/O. A G-208 should be 

submitted in every case in which the widow(er) is receiving a monthly PSP unless the 

widow(er) states on the application that she was an employee of a state or local 

government and FICA taxes were deducted on her last day of employment. Do not 

delay payment of a case pending receipt of this information if the net tier I without 

reduction for a PSP equals zero. Continue to control for the outstanding information 

even after payment, as the PREH record must be notated if a PSP reduction applies. If 

the net tier I does not equal zero, apply a temporary maximum reduction equal to PIA 1.

See RCM 2.1.327 for how to handle cases with future PSP entitlement.

Post Cases. - The annuitant is responsible for reporting any change in PSP entitlement

or amount. If the net tier I rate after the change is not zero, it must be verified. 

Otherwise the annuitant's signed statement regarding the change will be sufficient. Use 
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the on-line correction facility to enter the new rate into PREH when no award action is 

necessary.

Refusal to Furnish Information - When an individual refuses to furnish information about 

the receipt of a PSP or the pension amount, apply a total tier I offset equal to PIA 1.

2.1.323 Comparing Applicant’s Statement with the Earnings Record

When determining whether or not a case should be reduced for a PSP, always compare 

the applicant's allegation regarding SS coverage with the SS earnings posted on the 

AUX G-90. The AUX G-90 can be viewed on-line through SURPASS. If the AUX G-90 

is not on SURPASS or gives insufficient information, request a DEQY.

Employed by State or Local Government.--If, on the last day of employment, the 

widow(er) was employed by a state or local government, use this chart to determine if 

the PSP offset applies.

SS Deductions 

Claimed

Action to Be Taken

Yes If the earnings record shows that SS deductions were made, do 

not apply the PSP reduction. If the earnings are shown under 

MQGE-Non-covered or Medicare Total, apply the offset.

Yes If the wage record does not support the claim, have the F/O 

contact the widow for verification of coverage.

No Apply the PSP reduction.

2.1.325 How to Determine the Pension Amount.

For reduction purposes, the pension is the amount payable before deductions for health 

insurance, allotments, bonds, etc., but after reduction for early retirement or survivor 

benefits. If the widow(er) is receiving a “Medicare reimbursement, do not include this in 

the total payable. If the widow(er) receives more than one PSP, add the pensions 

together to determine the amount of reduction. If the pension is not a multiple of $.10, 

round it up to the next multiple of $.10.

Periodic Payments.--Because annuities are paid on a monthly basis, the PSP reduction 

should be based on the monthly rate. Multiply weekly pensions by 4.33 to find the 

monthly rate. Multiply bi-weekly pensions by 2.166 to find the monthly rate.
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Pension Begins on Other than First Day of Month.--If the pension begins on other than 

the first day of the month, the monthly pension rate should be prorated to equal the 

exact pension amount payable for that month. Subtract the day on which the pension 

begins from 31. Multiply the monthly pension rate by this figure and divide the product 

by 30. Prior to 12/84, use the prorated amount computed above as the PSP reduction 

for that month. Beginning 12/84 and later, multiply the prorated pension amount by 2/3 

to determine the PSP reduction for that month. 

Example: The pension begins on 5/10/2005. Multiply the monthly pension rate by 

21/30 (31 – 10 = 21 divided by 30), and then multiply this amount by 2/3. Use the result 

as the PSP reduction amount for the month of May (following normal rounding rules).

Only prorate the pension if it begins on a day other than the first of the month. If the 

pension increases, adjust tier 1 for the full amount of the increase from the first day of 

the month in which it becomes payable regardless of the effective date of the increase 

or the date on which the increase is actually paid.

Lump Sum Payments.--If the lump sum paid was actually a refund of the applicant's 

contributions plus interest to an employee pension fund, it will not result in offset.

If a lump sum payment was made in place of a periodic benefit for a specific period of 

time (e.g., 10 years), and the amount of the monthly pension for which it was substituted 

can be determined based on proof from the applicant or agency, use the determinable 

amount as the monthly rate for that same period of time. The pension should begin with 

the month it would have been payable. Enter a call up to remove the reduction at the 

end of the time period of the annuity it replaced. 

If the period of time over which the pension would have been payable is known, but the 

monthly amount is not determinable, prorate the lump sum over that period of time, 

beginning with the month the pension would first have become payable.

If the only alternative to a lump sum was a life annuity, and the amount of the life 

annuity monthly benefit is known, use that amount for reduction purposes.

1) Full Lump Sum Payments: Defined as a lump sum payment in lieu of any periodic 

payment for a specific period of time (e.g., life), with no additional periodic payments 

being made. Determine the amount of the monthly pension for which the full lump sum 

was substituted and for the period of time that it covers. The PSP offset should begin 

with the month the periodic benefit would have been payable.

If the period of time is known, but the amount is not determinable, prorate the lump 

sum over that period of time, beginning with the month the pension would first have 

become payable.

If the only alternative to a lump sum is a life annuity, and the amount of the life annuity 

monthly benefit is known, use that amount for reduction purposes.
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EXAMPLE: The spouse/widow elects a lump sum of $30,000.00 in lieu of periodic 

payments of $150.00 per month for life. The PSP reduction would be $100.00 (2/3 of 

$150.00). 

If either the monthly reduction amount or period of time cannot be determined, refer to 

RCM 2.1 Appendix C. 

A lump sum payment that is actually only a refund of the employee’s contributions to a 

pension fund, plus interest, is not a PSP for offset purposes.

2) Partial Lump Sum Payments: Defined as a lump sum benefit made in lieu of some 

part of the periodic payment due for a specified period. These lump sum payments, 

also known as the partial lump sum option (PLOP), can be elected by the beneficiary 

and paid in addition to a reduced periodic benefit. Oftentimes, the beneficiary can 

choose from a number of PLOP’s.

EXAMPLE 1: The widow elected both a survivor option and a PLOP from her public 

service employer at the time of her retirement. Her periodic PSP would have been 

$1900 per month had she not chosen either option. Her survivor election reduced her 

periodic payment to $1700, while her election for a PLOP of $20,000 further reduced 

her periodic payment to $1500. Because PSP offset is based on a PSP after reduction 

for survivor benefits, but before the PLOP, the $1700 figure would be the basis of the 

PSP offset (2/3 of $1700 is the PSP offset amount = $1133.40), even though the 

spouse will be receiving a periodic payment of $1500.

Later increase in periodic rate where PLOP was paid: For the beneficiary who 

previously elected a PLOP and is now entitled to an increase in the periodic PSP rate, 

add the amount of the PSP periodic rate increase to the amount of the PSP previously 

used to determine the PSP for offset purposes.EXAMPLE 2: In the same example as 

example 1 above, the widow’s periodic payment is increased the following year from 

$1500 to $1550. The basis for the new PSP rate for offset purposes is $50 plus the 

earlier amount used which includes the amount relinquished for the PLOP). Add $50 to 

$1700 for the new PSP amount = $1750. 2/3 of $1750 = $1166.70 is the new PSP 

offset amount, effective with the month of the PSP increase. 

3) Teachers Retirement System of Texas (TRS) January 2008 Lump Sum Payment: 

The TRS paid an extra check in January, 2008 to PSP recipients, who began receiving 

their PSP prior to January, 2007. The payment represented something of a substitute 

for a cost-of-living increase for 2007, and was in the amount of the August, 2007 

payment, but not to exceed $2400. This one-time payment is treated as a PSP partial 

lump sum for purposes of PSP offset, and is prorated over the lifetime of the beneficiary 

for determining the new PSP offset amount effective January, 2008.

RBD/SBD will recompute the PSP offset factoring in the one-time payment prorating it 

based on the amount of the payment and the spouse/widow’s age as of January 1, 

2008. Actuarial tables for prorating the partial lump sum can be found in both RCM 1.3 
RCM 2.1

RCM 2.1 Aged Widow(er)s Insurance Annuity Revised Dec 28, 2016 Page 55 of 67

Appendix D, and RCM 2.1 Appendix C. The percentages to use for these cases will be 

those in the “Factors for Lump Sum Award Dates 6/1/2007 or Later” column.

Steps for determining the January 2008 PSP offset amount is as follows:

Step Action

 1 Determine the lump sum amount, which is equal to the August, 2007 PSP 

rate (use $2400 if the lump sum amount exceeds $2400)

 2 Determine the spouse/widow age as of January 1, 2008. 

 3 Determine the actuarial value from the tables in RCM 1.3 Appendix D or 

RCM 2.1 Appendix C.

 4 Divide the lump sum amount from step 1 by the actuarial value from step 3.

 5 Multiply the result from step 4 by 2/3.

 6 Round the result from step 5 up to the dime.

 7 Add the result from step 6 to the existing PSP offset amount = the new PSP 

offset amount.

 

Example 1: The widow is receiving a monthly PSP of $645.00 since January 2001 from 

TRS. The PSP offset is $430.00 (2/3 of $645.00). We assume the one-time payment is 

in the amount of $645.00 (still in effect August 2007), without evidence to the contrary. 

The widow is 65 years of age (DOB 5/9/1942) as of January 1, 2008. Divide the 

pension lump sum amount ($645.00) by the actuarial value in the table corresponding 

the widow’s age on the date of the lump sum payment (123.8), which equals $5.21. 

Multiply that result by 2/3, which equals $3.47, and round up to the dime ($3.50). Add 

that amount to the existing PSP offset amount totaling $433.50 ($430.00 + $3.50), as 

the new PSP offset amount effective January, 2008. 

Example 2: The widow is receiving a monthly PSP of $2703.30 since February, 1998 

from TRS. Her PSP offset is $1802.20 (2/3 of $2703.30). We assume the one-time 

payment is in the amount of $2400.00, the maximum. The widow is 72 years of age

(DOB- 3/10/1935) as of January 1, 2008. Divide the pension lump sum amount 

($2400.00) by the actuarial value in the table corresponding to the widow’s age on the 

date of the lump sum payment (101.2), which equals $23.72. Multiply that result by 2/3, 

which equals $15.81, and round up to the dime ($15.90). Add that amount to the 

existing PSP offset amount, totaling $1818.10 ($15.90 + $1802.20), as the new PSP 

offset amount effective January 1, 2008.

Future PSP offset adjustments
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RCM 2.1 Aged Widow(er)s Insurance Annuity Revised Dec 28, 2016 Page 56 of 67

Any future PSP offset adjustment for changes in the PSP after January, 2008 will need 

to factor in this one-time payment. We are compiling a list of TRS PSP cases in a 

Word document on the J drive, in the “PSP Texas Teachers” folder. It will serve as an 

aid to examiners in determining whether a one-time PSP lump sum was paid by TRS 

under this provision. 

While the list may not be all-inclusive, those cases identified by Field Offices this year 

should be on the list. Examiners should feel free to add cases to the listing, as 

identified, and then “save” the document to drive J.

If not otherwise available, examiners should be able to determine the amount of the recomputed PSP monthly rate used for PSP offset, by checking PREH screen 3210, page 

1 of 2, PSP-AMT effective with the 1/08 date break, multiplying the PSP offset amount 

by 3/2 and rounding the result down to the dime.

Example: Using the widow in Example 2 above, $1818.10 would be shown on PREH 

as the PSP offset amount as of January 2008. Multiply $1818.10 x 3/2, and round down 

to the dime = $2727.10, the PSP rate used as the basis for the PSP offset effective 

January 2008. If for example, the widow received a $15.00 increase in her periodic 

monthly PSP (from $2703.30 to $2718.30) effective January 2009, the $15.00 increase 

would be added to $2727.10 as the new PSP monthly rate ($2742.10). 2/3 of $2742.10 

($1828.10, rounded up from $1828.07) would be the new PSP offset amount effective 

January 2009. 

Tolerance

As the example above shows, the PSP offset amount increase is small for most cases. 

Consider applying tolerance for any resulting overpayment, when applicable. 

2.1.326 How to Determine the Reduction Amount.

Once the pension amount has been determined, compute the reduction amount as 

follows:

Two-thirds Reduction Effective 12-84 and Later.--Effective 12-1-84, the annuity is 

reduced by 2/3 of the PSP amount. Multiply the pension amount by .66667. If the 

product is not a multiple of $.10, round it up to the next higher multiple of $.10.

PSP Eligibility Before 7-1-83.--If the widow(er) was eligible for a public pension before 

7-1-83, reduce the annuity by the full amount of the public pension. This is true even if 

she was not entitled to a public pension until after 7-1-83. The full reduction is reduced 

to 2/3's effective 12-84.

PSP Eligibility 7-1-83 or Later.--If the widow(er) was first eligible for a public pension 7-

1-83 or later, the annuity is reduced by 2/3's of the amount of the public pension. 

Multiply the pension amount by .66667. The product, if not a multiple of $.10, is rounded 

to the next higher multiple of $.10.
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2.1.327 When to Begin Reducing for PSP.

Apply the reduction as using the following instructions:

Current Entitlement.--Reduce for the PSP beginning with the tier I effective date or the 

pension beginning date, whichever is later.

If a widow(er) filed on or after 12-1-77 and the OBD is before that date, do not reduce 

for PSP until 12-1-77.

If a widow(er) filed on or after 12-1-77 and reports receipt of a PSP after she has begun 

to receive the annuity, recertify the annuity rate, reducing tier I for the PSP effective with 

the first month for which the pension is payable, but not before December 1977.

Potential Entitlement.--Reduce for potential entitlement only when the widow(er) claims 

to have already filed an application for the pension. Base the effective date of the PSP 

on the expected date of receipt and apply a reduction equal to PIA 1. Include 

paragraph 437 on the award letter.

If the widow(er) has not filed an application for a PSP, set a tickler call-up for one month 

before the expected date of entitlement (item 16 on the G-208). Upon receipt of the 

case, initiate development action through the F/O. Do not suspend or reduce the 

annuity until development has been completed and a determination has been 

made.

2.1.328 Verifying the Pension Amount.

The pension amount should be verified as follows:

When Not to Verify.--Do not verify the pension rate if, after reduction for PSP, age, SS 

benefit and/or EE annuity, the net tier-one or spouse O/M benefit equals zero. The 

individual's allegation of the pension payable is sufficient for the purpose of applying 

total offset.

When to Verify.--Verify the pension rate before initially paying or increasing a net tierone rate in any annuity reduced for PSP. The net tier-one can increase because of a 

RECOMP or decrease in PSP or SS benefit rate. Do not verify the rate if the 

recalculated tier-one remains zero.

Verify the pension rate with a copy of an award notice or other document from the 

agency issuing the pension

2.1.330 Proofs Needed for Exemption from Offset.

The following gives the evidence needed to exempt the widow(er) from the PSP offset:
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Exemption Based on PSP Eligibility Date.--If the applicant claims to have been eligible 

for the pension before 12-1-82 or 7-1-83, but the pension did not begin until on or after 

12-1-82 or 7-1-83, a letter from the employer or pension paying agency showing the 

date she was first eligible to retire and receive a pension is the desired proof.

Exemption Based on Receiving a CSRS Offset Pension.—The widow(er) must submit 

a statement from OPM stating that (s)he is receiving a CSRS Offset pension. 

Exemption Based on Dependency .--If the applicant could be exempt from the PSP 

offset because she was dependent on the employee for one-half support and was 

eligible for the PSP before 7-1-83, she must complete Form G-134, Statement of 

Contributions and Support. Do not develop for Form G-134 if the applicant is entitled to 

a 1981 amendment tier II and tier I is reduced to zero by an SS benefit or employee 

annuity. There is no time limit for proving dependency in order to qualify for this 

exception.

Exemption Based on FICA Taxes Being Deducted.--If the applicant is receiving a PSP 

from a State or local employer and claims that FICA taxes were withheld on the day last 

worked, verify her claim with an AUX Widow Wage Record or a DEQY.

Exemption Based on FICA Taxes Being Deducted on Last Day of Employment.--If the 

applicant is receiving a PSP from a State employer and claims that FICA taxes were not 

deducted during the majority of working years but were deducted on the last day of 

employment, secure proof that FICA taxes were being deducted (e.g., a pay stub ) and 

a statement from the agency paying the pension verifying her claim. It must state that 

the day last worked is included in the pension computation.

Exemption Based on FERS Election Before 7/1/88.--If the applicant claims to have 

elected FERS before 7/1/88 secure one of the following:

• An Election of Coverage Form (OPM Form 1555) signed by the claimant, 

or a statement from OPM, or the employing agency showing a timely or 

belated election was filed, or

• A FERS annuity statement from OPM showing an annuity commencement 

date before 1/1/88, or

• A statement from OPM showing an open season election was deemed to 

have been filed before 7/1/88, or

• A statement from the Merit System Protection Board (MSPB) showing a 

correction retroactive to 12/31/87 was allowed, or

• A DEQY showing that covered Federal employment began before 1/1/88, 

or
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RCM 2.1 Aged Widow(er)s Insurance Annuity Revised Dec 28, 2016 Page 59 of 67

• A statement from OPM or the employing agency showing the Federal 

employment was covered under Social Security regulations.

Exemption Based on FERS Election in 1998.--If the applicant claims to have elected 

FERS in 1998 secure a DEQY showing the 60 months of covered Federal employment. 

If the DEQY does not prove the applicant’s claim, secure one of the following: the 

following:

• An Election of Coverage Form (OPM Form 1555) signed by the claimant, 

or a statement from OPM, or the employing agency showing an election 

was filed, or

• A FERS annuity statement from OPM showing the commencement date, 

or

• A statement from OPM showing an open season election was filed.

Federal Employee Hired After 12/31/1983.--If the applicant claims to be exempt from 

offset because she was hired for federal employment after 12/31/1983, use the AUX 

WID wage record or a DEQY to verify her statement.

State or Local Employees Claiming Exemption Under P.L.108-203.-- If FICA taxes 

have been continuously deducted from the widow(er)’s wages for at least the last seven 

years, the claims representative will secure a statement from the employing agency 

giving this information.

If the applicant is unable to secure a statement, the field office will indicate, on APPLE, 

that headquarters will secure proof. In this situation, request a DEQY to verify the FICA 

deductions. 

If FICA deductions were not made on a regular basis, a statement from the employing 

agency detailing the months in which FICA taxes were deducted is needed.

2.1.331 Public Service Pension Monitoring. 

Public service pensions are monitored as follows:

Non-OPM Pensions.--The annual COLA operation identifies widow(er)s who are 

receiving a public service pension with a net tier 1 greater than zero. These cases are 

referred to the field offices for monitoring.

OPM Pensions.--Federal Public Service Pensions receive a COLA each December. 

The COLA operation determines the new PSP reduction amount based on the cost-ofliving increase payable to federal employees.

Once each year, a match is run to compare our records to OPM’s. Refer to RCM 6.8 for 

instructions on handling referrals generated by this run. 
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RCM 2.1 Aged Widow(er)s Insurance Annuity Revised Dec 28, 2016 Page 60 of 67

2.1.332 SS Benefits Subject to the PSP Provision

SSA's terminology for PSP reduction is "Government Pension Offset-GPO." When 

paying an RRB annuitant entitled to an SSA auxiliary or survivor benefit, always check 

the LAF CODE to determine if a GPO has been applied. If the LAF CODE is "SH," the 

GPO applies and the benefit is in suspense. When applying the SS reduction in tier I, 

remember that we only reduce for benefits payable.

Since our PSP reduction provisions are based on the SS Act, the conditions for 

reduction and exception apply to all auxiliary and survivor SS beneficiaries who filed 

their applications on or after 12-1-77. A GPO IS NEVER APPLIED TO A RIB OR DIB.

Appendices

Appendix A – Widow(er) Legislative History

Effective Date Widow(er) Annuity Provision

1-1-47 Unremarried widow of completely insured employee eligible to 

receive annuity equal to 3/4 basic amount at age 65.

11-1-51 Dependent widower of completely insured employee eligible at age 

65.

11-1-51 Benefit increased to full basic amount and Survivor O/M 

computation introduced. Survivor O/M widow annuity equal to 75% 

of deceased employee's PIA.

9-1-54 Age requirement for widow(er)s lowered to age 60. Widow(er)'s 

deemed age 65 for O/M purposes.

9-1-55 Dual benefit reduction in RR formula annuity no longer required.

9-1-57 Not "living with" widow(er)s can be included in Survivor O/M 

computation.

8-1-61 Widow(er)'s annuity increased to 82-1/2% of deceased employee’s 

PIA..

10-1-61 Remarried widow eligible on second husband's earnings if he dies 

within one year.

9-1-65 Widow(er) of transitionally insured employee eligible at age 72 

(employee is deemed completely insured).

9-1-65 Survivor O/M can include:
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• Unmarried surviving divorced wife (married to employee at least 

20 years);

• Employee’s widow who is now remarried if her remarriage 

occurred at or after age 60, and employee’s widower who is now 

remarried if he remarried at or after age 62; and

• Remarried widow(er) who is now unmarried (age at the time of 

remarriage is immaterial if the subsequent marriage has 

terminated).

11-1-66 "Living-with" no longer required to qualify for WIA.

2-1-68 De facto widow(er) eligible for an annuity.

2-1-68 Duration of marriage requirement lowered to 9 months (3 months if 

death was accidental).

10-5-72 Excluded from survivor O/M are:

• Surviving divorced wife;

• Remarried widow; and

• Remarried widower.

1-1-73 At age 65, widow(er)'s share of deceased employee's PIA increased 

to 100% before the widow(er) age reduction. Widow(er) deemed 

age 62 for survivor O/M purposes.

1-1-73 Removal of duration of marriage requirement for accidental or 

military connected deaths provided that at the time of marriage, the 

employee could have been reasonably expected to live for at least 9 

months.

1-1-75 The 1974 RRA revised the annuity calculation to Tier 1, Tier 2 and 

Vested Dual Benefit.

The 1974 RRA did not provide a survivor O/M computation. 

However, if an IPI had been paid under the 1937 RRA, the 

additional amount was added to the survivor annutant’s tier 2 for 

conversion cases.

3-1-77 Dependency not a requirement for a widower's annuity.

12-1-77 Non-dependent widowers subject to reduction in tier I for entitlement 

to a public service pension.
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6-1-78 Include DRCs earned by employee in widow(er)'s tier I.

8-13-81 No survivor vested dual benefit (VDB) for those newly entitled to a 

survivor annuity after this date. However, those already entitled to 

as survivor annuity could be paid a VDB. 

10-1-81 Added:

• Surviving divorced spouse annuity at age 60 (tier 1 only); and

• Remarried widow(er) annuity (tier 1 only). Legal or de facto 

widow(er) who remarries after attaining age 60 is eligible. 

Widow(er) who remarries before age 60 or surviving divorced 

spouse who remarries at anytime are eligible if marriage 

terminates.

• Surviving divorced spouse married to employee less than 20 

years subject to reduction in tier I for entitlement to a public 

service pension.

6-1-82 Retroactivity of aged widow(er) application limited to six months for 

tier I.

9-1-83 Retroactivity of tier I and tier II limited for applications filed 9-1-83 or 

later.

Five full month railroad retirement disability waiting period applies 

for disabled legal or de facto widow(er) applications filed 9-1-83 or 

later.

1-1-84 Restrictions on remarriage eased for surviving divorced spouse, 

disabled widow(er), and disabled surviving divorced spouse.

1-1-91 Simultaneous entitlement of legal and defacto widow(er).

1-1-1991 The Omnibus Budget Reconciliation Act (OBRA) of 1990 repealed 

the more restrictive definition of disability for entitlement to disabled 

widow(er)'s benefits under the SS Act. Under the new law, 

vocational factors can also be considered for widow(er)'s remarried 

widow(er)'s and surviving divorced spouses when rating these 

individuals for Medicare under the SS Act.

1-1-2001 Definition of “full retirement age” gradually changes from age 65 to 

age 67 for survivor annuitants born after 1939. This does not affect 

annuity rates until 1-1-2003.
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RCM 2.1 Aged Widow(er)s Insurance Annuity Revised Dec 28, 2016 Page 63 of 67

1-1-2002 Widow(er) may qualify for a survivor annuity based on the earnings 

record of a deceased employee who had less than 120 months of 

railroad service, but at least 60 months of railroad service after 1995 

and a current connection with the railroad industry. Tier 1 is payable 

only when the employee had sufficient quarters of coverage based 

on combined railroad compensation and SSA wages.

2-1-2002 Widow(er) Initial Minimum Amount (WIMA) established for 

widow(er)’s, disabled widow(er)’s and surviving young 

mother/father’s annuity rates payable from 2-1-2002.

Appendix B - Spouse Minimum Guaranty Amounts (Maximums Only)

Aged Widow's And Widower's Insurance Annuity

Amount Effective Date

$ 40.00 11-1-51

 54.00 9-1-55

 59.50 1-1-59

 60.50 2-1-59

 66.60 6-1-59

 69.90 2-1-60

 74.80 1-1-65

 83.60 1-1-67

 92.40 1-1-68

104.50 2-1-68

112.20 1-1-69

138.00 1-1-70

151.70 1-1-71

182.10 9-1-72
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188.50 1-1-73

203.30 1-1-74

217.50 3-1-74

225.70 6-1-74

246.95 1-1-75

266.75 6-1-75

283.36 1-1-76

301.51 6-1-76

311.85 1-1-77

330.22 6-1-77

342.32 1-1-78

364.54 6-1-78

376.64 1-1-79

413.93 6-1-79

Appendix C – Determining the PSP Amount When the Widow(er) Receives a 

Lump-Sum Payment

If the widow(er) receives a lump-sum payment for an unspecified period of time, 

determine the monthly PSP amount as follows:

1. Divide the lump-sum amount by the factor in the table shown below. Use the value 

that corresponds to the widow(er)’s age, in years, at the time the lump-sum payment 

is made.

Age When Lump sum was 

Paid

Factors for 

Lump Sum 

Award Dates 

6/1/2011 or 

Later

Factors for 

Lump Sum 

Award Dates 

6/1/2007 thru 

5/31/2011

Factors for 

Lump Sum 

Award Dates 

5/31/2007 or 

Earlier

40 or under 183.1 179.7 172.7
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Age When Lump sum was 

Paid

Factors for 

Lump Sum 

Award Dates 

6/1/2011 or 

Later

Factors for 

Lump Sum 

Award Dates 

6/1/2007 thru 

5/31/2011

Factors for 

Lump Sum 

Award Dates 

5/31/2007 or 

Earlier

41 181.7 178.3 171.1

42 180.2 176.8 169.3

43 178.6 175.2 167.6

44 177.1 173.6 165.7

45 175.4 172.0 163.8

46 173.7 170.2 161.8

47 171.9 168.4 159.7

48 170.1 166.6 157.6

49 168.2 164.7 155.4

50 166.3 162.7 153.2

51 164.3 160.6 150.8

52 162.2 158.4 148.4

53 160.1 156.2 146.0

54 157.9 153.9 143.5

55 155.6 151.5 140.9

56 153.2 149.0 138.3

57 150.7 146.5 135.6

58 148.2 143.9 132.8

59 145.5 141.2 130.0

60 142.8 138.4 127.2

61 140.1 135.6 124.2
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Age When Lump sum was 

Paid

Factors for 

Lump Sum 

Award Dates 

6/1/2011 or 

Later

Factors for 

Lump Sum 

Award Dates 

6/1/2007 thru 

5/31/2011

Factors for 

Lump Sum 

Award Dates 

5/31/2007 or 

Earlier

62 137.3 132.8 121.3

63 134.4 129.8 118.2

64 131.4 126.8 115.2

65 128.4 123.8 112.1

66 125.3 120.7 109.1

67 122.1 117.5 106.0

68 118.8 114.4 102.9

69 115.5 111.1 99.8

70 112.2 107.8 96.7

71 108.7 104.5 93.5

72 105.3 101.2 90.4

73 101.8 97.8 87.2

74 98.3 94.4 84.0

75 94.8 91.0 80.9

76 91.2 87.5 77.7

77 87.6 84.0 74.6

78 84.0 80.5 71.6

79 80.4 77.1 68.6

80 or older 76.8 73.6 65.6

2. If after multiplying the PSP rate by 2/3, the result is not a multiple of $.10, round up 

to the nearest $ .10.
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