United States of America

Railroad Retirement Board

Form G-177C (08-07)

General Conditions Under Which a Person is Entitled 

to a Railroad Retirement Divorced Spouse Annuity

When all eligibility requirements are met and you file an application, a divorced spouse annuity

based on your age can begin as explained in Chart 1. Chart 2 explains Full Retirement Age

(FRA).

You were married to the railroad employee for at least 10 consecutive years immediately

preceding the date of your final divorce decree; and,

you are divorced from that railroad employee; and,

you are not currently married to anyone. (If you remarried after the divorce from the employee, the later marriage must have terminated.); and,

you are not entitled to a social security benefit (before any reductions) on your own

earnings record that exceeds the amount of the divorced spouse annuity.

In order to qualify for a divorced spouse annuity, your marriage must have ended by a final

divorce decree and you must meet each of the following requirements:

Continued on next page

Before 1-2-1938

1-2-1938 thru 1-1-1939

1-2-1939 thru 1-1-1940

1-2-1940 thru 1-1-1941

1-2-1941 thru 1-1-1942

1-2-1942 thru 1-1-1943

1-2-1943 thru 1-1-1955

65

65 and 2 months

65 and 4 months

65 and 6 months

65 and 8 months

65 and 10 months

66

1-2-1955 thru 1-1-1956

1-2-1956 thru 1-1-1957

1-2-1957 thru 1-1-1958

1-2-1958 thru 1-1-1959

1-2-1959 thru 1-1-1960

1-2-1960 and later

66 and 2 months

66 and 4 months

66 and 6 months

66 and 8 months

66 and 10 months

67

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Age 

Requirement

CHART 1 - DETERMINING YOUR AGE REQUIREMENT

CHART 2 - DETERMINING YOUR FULL RETIREMENT AGE

Full

Retirement

Age (FRA)

If the employee 

is at least:

Age 62 and has 120 months of 

railroad service: or 60 months after

1995 and an SSA Insured Status,

Have an age reduction if you retire

before attaining your Full Retirement

Age (FRA).

Have an age reduction if you retire

before attaining your Full Retirement

Age (FRA).

Divorced less than

2 years

Is receiving an

annuity

Age 62 and has 120 months of 

railroad service: or 60 months after

1995 and an SSA Insured Status,

Divorced 2 or more

years

May or may not

be receiving an

annuity

Your annuity will And you are age 62

and one month and And the employee

Your Full Retirement Age (FRA) is the age at which you can receive a full divorced spouse

annuity (not reduced for early retirement). FRA is age 65 for persons born before January 2,

1938. FRA for persons born after January 1, 1938, will gradually increase as illustrated in

Chart 2.

FRA also affects the amount of non-railroad earnings you can earn after the annuity 

beginning date, as explained in Chart 3.

Marriage

Requirements

If you were born: then your FRA is: If you were born: then your FRA is:
you work for a railroad employer; or,

you become entitled to an RRA employee annuity on your own earnings record that

exceeds your RRA divorced spouse annuity rate.

Your divorced spouse annuity is not payable for any month in which:

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you die; or,

the employee dies. (a surviving divorced spouse annuity may become payable at this

time); or,

you marry; or,

you become entitled to SS benefits on your own earnings record that are greater than the

RRA divorced spouse annuity; or,

you become entitled to an RRA survivor annuity on another claim number that 

exceeds the amount of the RRA divorced spouse annuity.

Your divorced spouse annuity ends the month before the month in which:

If you would like more information concerning divorced spouse annuities, please request Booklet RB-30 Spouse/Divorced

Spouse Annuity before you come in to file for your annuity. This booklet is available at www.rrb.gov.

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-2- 

Form G-177C (08-07)

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General Conditions Under Which a Person is Entitled 

to a Railroad Retirement Divorced Spouse Annuity (cont.)

the employee has at least 40 quarters of coverage in age and service cases; or

the employee has a Disability Freeze (D/F) under SSA rules in disability cases. (See

Booklet RB-1D Employee Disability Benefits for an explanation of a D/F.) The D/F 

cannot be deemed.

If the employee’s annuity is based on 60-119 months of railroad service after 1995, you qualify

for a divorced spouse annuity if the employee has an SSA Insured Status based on combined

railroad and social security earnings. The employee has an SSA insured status if:

1.

2.

SSA Insured

Status

Your benefits are not reduced for your non-railroad earnings if you are rececieving social security

benefits,

Otherwise, the Annual Earnings Exempt Amount is the amount of non-railroad earnings

you can have in a calendar year without losing part of your benefit. Use Chart 2 to determine your Full Retirement Age (FRA). Then refer to Chart 3 below and Form G-77a How

Earnings Affect Payment of Retirement Annuities. The employee’s non-railroad earnings

over the Annual Earnings Exempt Amount for the employee’s age group may also cause a

reduction in your benefit.

Reductions

for NonRailroad

Earnings

CHART 3 - DETERMINING YOUR ANNUAL EARNINGS EXEMPT AMOUNT

When a

Divorced

Spouse

Annuity is 

not Payable

When a

Divorced

Spouse

Annuity

Ends

For a year in which: You may lose up to $1 in benefits for every: The reduction:

you attain Full Retirement

Age (FRA),

is removed effective the

month in which you attain

FRA.

$3.00 of earnings over the Annual Earnings Exempt Amount

for your age group. However, your earnings are only counted

for months before the month in which you attain FRA.

you are under your FRA

for the entire year,

$2.00 of earnings over the Annual Earnings Exempt Amount applies for the full year.

for your age group.

you work outside the U.S.

for 45 or more hours per

month,

is removed effective the

month in which you attain

FRA.

$2.00 of earnings. There is no Annual Earnings Exempt Amount

for work outside the U.S. However, your earnings are only

counted for months before the month in which you attain FRA.