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320.5 Spouse or Divorced Spouse Defined

The term "spouse" means a legal or a de facto (deemed) wife or husband of an 

employee annuitant. The term "spouse" in this chapter does not include a divorced 

spouse unless a specific reference is made to include a divorced spouse.

320.5.1 Legal Spouse Defined

The applicant must either:

A. Be the spouse of an annuitant under the laws of the state of the employee's 

domicile at the time the spouse files an application; or

B. Have the same rights as a spouse to share in the distribution of the employee's 

intestate (without a will) personal property under the laws of the state of the 

employee's domicile at the time the spouse files an application.

320.5.2 De Facto (Deemed) Spouse Eligibility Requirements

A spouse may qualify as a de facto (deemed) spouse even if the marriage to the 

employee is invalid due to an impediment. The impediment may result from a prior 

undissolved marriage of the employee or a defect in the procedure of the employee’s 

purported marriage to the applicant.

For a person to qualify as a defacto (deemed) spouse, the following requirements must 

be met:

A. There was a marriage ceremony; and

B. The spouse went through the ceremony in good faith, not knowing of the 

impediment at that time. The spouse must submit a statement that she married 

the employee in good faith; and

C. The spouse was living in the same household with the employee at the time the 

spouse's application was filed (see FOM-I-935); and

D. At the time the spouse files the application, there is no other person who has the 

status of spouse, based on a valid marriage or inheritance rights under state law, 

who is or was entitled to a spouse's benefit at the Social Security Administration 

based on the employee's wage record.

A defacto or deemed spouse's entitlement ends when the deemed spouse marries 

someone other than the employee, or when a legal spouse becomes entitled to an 

annuity.
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NOTE: If a spouse annuity is paid to a deemed spouse and it is later found that there is 

a legal spouse entitled to SS Act benefits based on the employee's wage record, refer 

the case to RAS.

320.5.3 Divorced Spouse Defined

The term "divorced spouse" means the former legal spouse (wife or husband) of an 

employee annuitant who is finally divorced from the employee, who had been married to 

the employee for a period of at least 10 consecutive years immediately before the date 

the divorce became final. 

There are no provisions in the RRA for paying a divorced spouse annuity based on 

having a minor or disabled child of the employee in-care. An annuity is not payable 

before an employee annuitant attains age 62 or before the divorced spouse applicant 

attains age 62. Effective August 17, 2007, it is no longer necessary for the employee to 

retire before a divorced spouse annuity is payable. 

The term "spouse" in this chapter does not include a divorced spouse unless a specific 

reference is made to include a divorced spouse.

320.6 Full Retirement Age for a Spouse Annuity Based on Age or 

Divorced Spouse Annuity

The term Full Retirement Age (FRA) means the age at which the spouse of an 

employee with less than 360 months of railroad service can receive a full annuity (not 

reduced for early retirement).

(Exception - FRA could affect some spouse 60/30 age reduced annuities (ABDs are 

before 1-1-12002 - see FOM-I-320.12 for details).

The term Full Retirement Age (FRA) also means the age at which the divorced spouse 

can receive a full annuity (not reduced for early retirement), regardless of the 

employee’s total years of railroad service.

Full Retirement Age also affects the spouse annuity or divorced spouse annuity 

deductions due to earnings as described in RCM 5.7, regardless of the employee’s total 

years of railroad service.

FRA for the spouse or divorced spouse is age 65 if the person was born before 

January 2, 1938. The FRA for persons born after January 1, 1938, will gradually 

increase over a 20-year period to age 67, as illustrated in the following chart. FRA is 

attained the first day of the month in which that age is attained.

Determining Spouse Full Retirement Age

If spouses

were born: then their FRA is: If spouses were born: then their FRA is:
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Before 1-2-1938 65 1-2-1955 thru 1-1-1956 66 and 2 months

1-2-1938 thru 1-1-1939 65 and 2 months 1-2-1956 thru 1-1-1957 66 and 4 months

1-2-1939 thru 1-1-1940 65 and 4 months 1-2-1957 thru 1-1-1958 66 and 6 months

1-2-1940 thru 1-1-1941 65 and 6 months 1-2-1958 thru 1-1-1959 66 and 8 months

1-2-1941 thru 1-1-1942 65 and 8 months 1-2-1959 thru 1-1-1960 66 and 10 months

1-2-1942 thru 1-1-1943 65 and 10 months 1-2-1960 and later 67

1-2-1943 thru 1-1-1955 66

320.7 Cessation of Service and Relinquishment of Rights 

Requirement

320.7.1 Employee 

An employee disability annuitant under Full Retirement Age must relinquish whatever 

rights (s)he may have to return to work for any railroad before a spouse annuity may be 

paid. 

Certain disabled employees may not wish to relinquish their rights because of possible 

adverse effects on their benefits from the railroad. If the employee does not relinquish 

rights, a statement should be submitted as explained in FOM-I-330.71B. 

The date of the relinquishment of rights will not affect the retroactivity of the spouse 

ABD. If the employee does not wish to relinquish his rights and the spouse is otherwise 

eligible, a spouse application can still be taken in order to protect the spouse’s filing 

date for retroactivity purposes. However, the case must be coded for manual review, as 

the annuity cannot be paid until the employee relinquishes his rights. The field office 

should not enter a SPAR rate in these cases.

320.7.2 Spouse or Divorced Spouse

The spouse or divorced spouse must have ceased all railroad service and must have 

relinquished all rights to return to the railroad service.

Before 12-1-88, the spouse or divorced spouse was also required to cease employment 

and relinquish employment rights with a last pre-retirement, non-railroad (LPE) 

employer.

320.8 Application Requirement

The spouse or divorced spouse must file an application for a spouse annuity. The 

application requirements at initial entitlement are explained in FOM-I-110. A spouse 

may have to make a decision whether to file for a reduced annuity (see FOM-I-320.10

or a full annuity based on a child-in-care (see FOM-I-320.14).
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The new application requirements when post-entitlement events occur (i.e. divorce or 

re-marriage) are explained in FOM-I-320.50-59.

320.8.1 Eligible for More Than One RR Act Annuity 

If the spouse or divorced spouse is eligible for another annuity under the Railroad 

Retirement Act, refer to FOM-I-120.5. 

320.8.2 Retroactive Annuities

The retroactive periods are described in FOM-I-112.10. If the eligibility requirements 

were met any time during the retroactive period of the application, they are considered 

to have been met on the filing date. 

A retroactive reduced annuity may not be paid if the application is filed 9-1-1983 or later, 

because the reduced annuity may not begin before the month the application is filed.

320.9 Insured Status Requirement for Tier 1 Component 

Employees must have an SSA Fully Insured Status based on combined SSA wages 

and railroad earnings to qualify their spouse or divorced spouse for a Tier 1 component. 

The Quarter of Coverage (QC) requirement for Fully Insured Status for employees born 

after 1928 is 40 QCs. Therefore, if employees have at least 120 months of railroad 

service, they are assumed to have at least 40 quarters of coverage.

If employees have less than 120 months of railroad service, but at least 60 months of 

railroad service after 1995, their SSA wages must provide the additional quarters of 

coverage needed for an SSA Fully Insured Status to qualify their spouse or divorced 

spouse for the Tier 1 component. Refer to RCM 5.6.5 for more information about a 

Fully Insured Status. 

320.10 General Requirements for Spouse Annuity Based on Age

The spouse age requirement depends on the employee's annuity beginning date (ABD), 

the employee's years of service and the employee's age. This is summarized in the 

following charts.

320.10.1 Spouse Age Requirements When Employee Age and Service Annuitant 

has at Least 360 Months of Railroad Service

If the employee

is retired based on 

age and service:

and the

employee 

retired at:

with an 

employee 

ABD: 

the spouse annuity can begin the first full 

month the spouse is age 60.

The spouse Tier 1 will:

The Tier 2 

will:
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and attained age 60 and acquired 

360 months of railroad service 

before July 1984,

age 60 or 

later,

July 1, 1974, 

or later,

not have an age reduction.

Note: For these cases, the spouse annuity did 

not begin before January 1, 1975.

not have

an age 

reduction.

and either attained age 60 or 

acquired 360 months of railroad 

service in July 1984 through 

December 2001,

age 62 or 

later,

July 1, 1984, 

or later,

not have an age reduction. not have

an age 

reduction.

and either attained age 60 or 

acquired 360 months of railroad 

service in July 1984 through 

December 2001,

age 60 

through 

age 61

July 1, 1984 

through 

December 31, 

2001

have an age reduction based on the employee’s 

age reduction until both the spouse and the 

employee have attained age 62. 

The spouse will then have an age reduction for 

the number of months the spouse is under FRA 

when both the spouse and the employee are 

age 62. 

not have

an age 

reduction.

and attained age 60 and acquired 

360 months of railroad service at 

any time, 

age 60 or 

later 

January 2002 

or later not have an age reduction not have

an age 

reduction.

320.10.2 Spouse Age Requirements When Employee Disability Annuitant has at 

Least 360 Months of Railroad Service

If the employee

is retired based on disability with an 

ABD:

and the

employee 

has 

attained:

the spouse annuity can begin the first full month the 

spouse is age 60.

The spouse Tier 1 will:

The Tier 2 

will:

Before July 1, 1984, age 60, not have an age reduction. not have

an age 

reduction

July 1, 1984, or later, age 60, have an age reduction depending on the spouse ABD.

• If the spouse annuity begins before January 2002, and 

begins before the spouse FRA, the spouse Tier 1 will 

have an age reduction. (The spouse is deemed age 62 

on the spouse ABD.)

• If the spouse annuity begins January 1, 2002, or later, 

the spouse Tier 1 will not have an age reduction.* 

* The employee may have 360 SM on EDM but his disability 

annuity was based on less than 360 SM. The spouse will not 

qualify for the full age spouse annuity unless the employee 

chooses to use additional SM to attain 360. See 

FOM1 207.12.6 for handling these cases. 

not have

an age 

reduction

320.10.3 Spouse Age Requirements When Employee Age and Service Annuitant 

or Employee Disability Annuitant has 60 - 359 Months of Railroad Service
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If the employee retired: and the 

employee 

has attained

the spouse annuity can begin the first 

full month the spouse are age 62.

The spouse Tier 1 will have an age 

reduction if the spouse retires:

The spouse Tier 2 will 

have an age reduction if 

the spouse retires at the 

RRB before attaining:

before 1975 based on at least 120 

months of railroad service,

age 65, at RRB before attaining FRA. age 65.

in 1975, or later, based on at least 120 

months of railroad service, including 

some railroad service before August 12, 

1983,

age 62, at RRB before attaining FRA. age 65.

in 1975, or later, based on at least 120 

months of railroad service and no 

railroad service before August 12, 1983,

age 62, at RRB before attaining FRA. FRA.

January 2002 or later, based on 60-119 

months of railroad service with at least 

60 months of railroad service after 1995, 

and had some railroad service before 

August 12, 1983,

age 62, at RRB or SSA before attaining FRA. 

(The employee must have an SS Act 

Insured Status to qualify the spouse for a 

Tier 1 benefit.)

age 65.

January 2002 or later, based on 60-119 

months railroad with at least 60 months 

of railroad service after 1995, and did not 

have railroad service before August 12, 

1983,

age 62, at RRB or SSA before attaining FRA. 

(The employee must have an SS Act 

Insured Status to qualify the spouse for a 

Tier 1 benefit.)

FRA.

320.10.4 Additional Requirements for Male Spouse Annuity 

In addition to the spouse requirements in sections FOM-I-320.10.1-3 above, the 

following applies to a male spouse:

A. One-Half Support

Before March 1,1977, a male spouse had to be at least 50% dependent on the female 

employee's income, for the 12 months prior to the employee's ABD, for the male spouse 

to qualify for a spouse annuity (Tier 1 and Tier 2) or to be included in the employee's 

O/M computation. See RCM 4.7.28 and 4.7.41 for details of evidence that was 

required.

A male spouse does not need to be dependent on or receive one half support from the 

female employee in order to qualify for a spouse annuity effective March 1, 1977.

B. Annuity Based on Child-in-Care

• Before May 1, 1983, a male spouse annuity was not payable based on a child of 

the employee being in his care. 
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• Effective May 1, 1983, a male spouse under FRA may qualify for a Tier 1 

component only of a spouse annuity based on a child of the employee being in 

his care.

• Effective September 1, 2010, a male spouse under FRA may qualify for both the 

Tier 1 and Tier 2 components of a spouse annuity based on a child of the 

employee being in his care.

320.11 Current Amount of Spouse Annuity Age Reduction 

320.11.1 Spouse of Employee Who Has 120-359 Months Service 

In general, if the employee has less than 360 months of railroad service, and the 

spouse is entitled based on age, the age reduction factor for a reduced spouse Tier 1 

and Tier 2 components are 1/144 for the first 36 months the spouse is under Full 

Retirement Age (FRA) and 1/240 for each additional month the spouse is under FRA on 

the ABD. 

320.11.2 Spouse of Employee Who Has Less Than 120 Months Service

If the employee has less than 120 months of railroad service but has 60-119 months of 

railroad service with at least 60 months of railroad service after 1995, the spouse Tier 1 

and Tier 2 components are reduced by 1/144 for the first 36 months the spouse is under 

FRA and by 1/240 for each additional month the spouse is under FRA on the RRA 

spouse ABD, or, if earlier, the spouse’s social security benefit date of entitlement.

320.11.3 Spouse of 60/30 Employee

Currently, the spouse Tier 1 and Tier 2 components do not have an age reduction if the 

employee has at least 360 months of railroad service. However, if the employee age 

and service annuity ABD is before age 62 and before January 1, 2002, refer to 

FOM-I-320.12.

320.12 Spouse Tier 1 Age Reductions Before 1-1-2002

320.12.1 Spouse of Age and Service Employee 

If the employee either attained age 60 or acquired 360 months of railroad service 

between July 1984 and December 2001 and the employee age and service annuity 

ABD is before age 62 and before January 1, 2002, the spouse Tier 1 had an age 

reduction. 

A. Adjustment Before Age and Service Employee and Spouse Attain Age 62 

The spouse (with or without a child-in-care) received a Tier 1 component based on 1/2 

of the employee's age reduced Tier 1 component until both the employee and the 

spouse attained age 62 for a full month. 
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B. Age 62 Recalc When Both the Employee and Spouse are Age 62 

When both the employee and spouse are age 62 for a full month, the spouse entitled 

based on child-in-care received an unreduced Tier 1 component. The spouse entitled 

based on age received a Tier 1 component reduced by 1/144 for the first 36 months the 

spouse is under FRA plus 1/240 for each additional month the spouse is under FRA on 

the effective date of the adjustment. If the employee attained age 60 or acquired 30 

years of service between July 1, 1984 and December 31, 1986, the spouse age 

reduction factor was then divided by 2. Otherwise, the full age reduction factor applied.

320.12.2 Spouses of Disabled Employee

If the employee was a disability annuitant with at least 360 months of railroad service 

and an ABD after June 30, 1984, and the spouse was entitled based on child-in-care, 

there was no spouse Tier 1 component age reduction. If the spouse was entitled based 

on age, the spouse Tier 1 component age reduction depended on the spouse ABD.

A. Spouse ABD Before January 2002

If the spouse annuity began before January 2002, and began before the spouse FRA, 

the spouse Tier 1 component was reduced by 1/144 for the first 36 months under FRA 

plus 1/240 for each additional month the spouse was under FRA on the ABD. However, 

a spouse age 60-61 11/12 was deemed to be age 62 on the spouse ABD. The age 

reduction months were counted from deemed age 62 until the FRA month for that 

spouse. 

B. Spouse ABD January 2002 or Later

If the spouse annuity began January 1, 2002 or later, the spouse Tier 1 component did 

not have an age reduction.

320.12.3 Age Reductions for Annuity Initially Paid Before October 1981 

The age reduction factor for a reduced spouse RR formula annuity initially paid prior to 

October 1981, is 1/180 for every month the spouse is under age 65 on the ABD (or date 

of annuity increase if prior to 1-1978). See RCM 8.8, G-353a.1 instructions and RCM 

9.1 for details on proration of age reduction in effect before October 1981.

320.13 Spouse Annuity Marriage Requirements 

320.13.1 Duration of Marriage 

The applicant must meet the definition of “spouse” in FOM-I-320.5 and meet one of the 

following “duration of marriage” conditions:

1. Be married to the employee for a period of at least one year immediately prior to 

the annuity beginning date. The ABD would be the first day of the month in which 

the anniversary occurs. For example, if the marriage occurred on 3-29-2004, the 
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anniversary falls on 3-29-2005. The ABD can be as early as 3-1-2005. 

However, the application may be filed as early as 3 months before the earliest 

ABD. In the above example, the date of filing could be as early as 12-1-2004.

The requirement to be married to the employee for a period of at least one year 

immediately preceding the day on which the spouse annuity application is filed 

need be met only once. Certain types of prior entitlements allow the one-year 

requirement to be waived for a subsequent eligibility.

Type 1 - A spouse met the one-year requirement to previously receive a spouse 

annuity, and that annuity terminated due to divorce. If that spouse remarries the 

same railroad employee, and meets the other requirements for a spouse annuity, 

the one-year marriage requirement is waived for that subsequent spouse annuity.

Type 2 - A divorced spouse annuitant, previously married to the employee 

annuitant ten years, remarried the same employee. The one-year requirement is 

waived for the second marriage. If all other eligibility requirements are met, the 

annuity beginning date may be the month of the subsequent marriage: the month 

after the month the divorced spouse annuity terminates.

NOTE: If a claimant currently married less than one year to the employee, but 

previously married at least one year to that employee, DID NOT previously 

receive a spouse annuity (potentially entitled), the claim must be denied for 

failure to meet the one-year marriage requirement; or,

2. Be the natural mother or father of the employee's child. This requirement is met 

if a live child was born to the employee and the spouse. Such a child need not 

still survive. The ABD cannot be earlier than the first full month the spouse 

meets this requirement; or,

3. Have been eligible for a widow(er)'s, parent's, or disabled child's insurance 

annuity on any account under the RR Act in the month before the month of 

marriage to the employee.

Eligibility to a surviving divorced spouse, surviving divorced young mother/father 

or remarried widow(er) annuity in the month before the month of marriage to the 

employee, DOES NOT fulfill the marriage requirement.

Under this requirement, the term "eligible" means that the spouse received or 

would have been entitled to an annuity if an application had been filed and (s)he 

had attained the required age. It is not necessary for the spouse to have filed a 

survivor application or to have attained age 60 before the month of marriage to 

be eligible for a spouse annuity from the first day of the month of the current 

marriage.

In both examples below, the one year marriage requirement is waived.
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EXAMPLE #1: The young widow of a deceased RR employee would be eligible 

for a widow's annuity if she were age 60. Before she attains age 60, she marries 

a disabled RR annuitant who has attained age 62 and has a young child. She is 

eligible for a spouse annuity from the month of her remarriage based on having 

the EE's child in her care because she was eligible for a widow's annuity in the 

month before her remarriage.

EXAMPLE #2: The widow of a deceased RR employee will be eligible for a 

widow's annuity in August 1980, the month she attains age 60. In June 1980, 

she marries a retired RR employee who is receiving a 60/30 annuity. She is 

eligible for a spouse annuity from 8-1-80 since she was eligible for a widow's 

annuity in the month before her remarriage.

320.13.2 Living With 

Prior to August 12, 1983, all spouse applicants had to be “living with” the employee as 

of the spouse annuity application filing date. Effective August 12, 1983, the 1983 RR 

Act Amendments eliminated "living-with" as an eligibility requirement for a legal spouse. 

Living-with is still a requirement for a deemed spouse applicant. This concept means:

1. The spouse and employee must have been members of the same household; or

2. The spouse must have been receiving regular contributions (See RCM 4.6.25) 

toward support from the employee; or

3. The employee must have been under a court order to contribute to the spouse's 

support. A spouse's annuity could not, by virtue of the retroactive feature of a 

court order for support, begin earlier than the first of the month in which the court 

order is dated, because in spite of the retroactive feature, the spouse could not 

actually meet all the qualifications of a "spouse" until the order was entered.

320.14 Requirements for Spouse Annuity Based on Child-in-Care

320.14.1 Eligibility Requirements

A spouse under FRA may qualify for a spouse Tier 1 and Tier 2 if he or she, individually 

or jointly with the employee, has the employee’s child-in-care. The child must meet the 

conditions of both A and B below. 

See FOM1 320.10.4 B for details on when a child-in-care annuity may be paid to a male 

spouse.

A. Relationship and Dependency

The child must:
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1. Be the employee's natural, legally adopted, equitably adopted, stepchild, or, 

under certain conditions, a grandchild whose parents are deceased or disabled, 

as explained in RCM 4.4; and, 

2. Be dependent on the employee, as explained in RCM 4.7; and

3. Be unmarried. A child who is widowed or divorced when the spouse applies for a 

child-based annuity is considered unmarried. However if the initial entitlement 

based on having a child-in-care terminates due to the child's marriage, the 

spouse cannot later become re-entitled to an annuity based on that child's 

unmarried status. If the marriage was annulled, refer the case to your attorneyadvisor.

B. Minor Child or Disabled Child

The child must be either:

1. under age 18; or, 

2. have a permanent disability that began before the child attained age 22 and 

which prevents any kind of regular employment. Note: If the spouse was 

previously entitled based on having a disabled child in his/her care and the 

annuity terminated due to the child’s recovery, it is possible to become entitled 

again if the child meets the re-entitlement requirements as explained in 

DCM 3.10.10. If the re-entitlement requirements are met more than 7 years after 

the termination of the previous annuity, the spouse will be entitled to tier 1 only. 

In such cases, the APPLE application must be marked for manual review.

320.14.2 Definition of Child-in-Care

The child must be in the spouse’s care. A child is in the spouse's care if the spouse 

exercises parental control over, and is responsible for, the welfare and care of the child. 

A child who is permanently disabled, but mentally competent, is considered to be "in 

care" if the spouse performs personal services. The RRB will make the final 

determination regarding the personal services performed and whether or not they 

constitute the child being in the spouse’s care (see RCM 4.7.95).

320.14.3 First Full Month Requirement 

Section 103 of P.L. 98-76 amended the RRA to make the annuity beginning dates under 

the RRA conform to those under the SSA. Since SSA has the full month of entitlement 

rule for child-in-care, the RRB also applies this rule. For applications filed after August 

1981, a spouse born September 2, 1919, or later is not eligible for Tier 1 in any month 

before the first full month throughout which the entitled child is in care. If filing on the 

basis of a disabled child, the child must have been in the spouse's care and disabled for 

every day of an entire month for the spouse to be first entitled. 
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320.14.4 Nancy Johnson Cases - 

In August 1993, Board Order 93-108 approved payment of retroactive Tier 1 benefits to 

spouse, widow and widower annuitants who, during the period January 1, 1986, through 

July 31, 1992, were entitled to an annuity based on having a minor child between ages 

16 and 18 in care, and that benefit was terminated solely because the minor child 

attained age 16. The Tier 1 component does not retroact prior to January 1, 1986. This 

Board Order applies to both female spouse annuitants and male spouse annuitants. 

These are called "Nancy Johnson" cases.

From May 1, 1983, through December 31, 1985, the child must have been under age 16 

to qualify a male spouse for an annuity. From August 1981 through December 31, 

1985, the child must have been under age 16 to qualify a female spouse for Tier 1 and 

the child must have been under age 18 to qualify a female spouse to Tier 2.

320.14.5 Age Reduction for Spouse With Child-in-Care

In general, the spouse Tier 1 component does not have an age reduction if the spouse 

has the employee’s child-in-care. Before RRSIA, an exception applied when the 

employee has at least 360 months of railroad service and has an age and service 

annuity ABD before age 62 and before January 1, 2002. The spouse Tier 1 component 

age reduction is described in FOM-I-320.12. 

320.15 General Requirements for Divorced Spouse Annuity

The divorced spouse annuity cannot begin before the employee annuity unless the 

divorced spouse meets the requirements in FOM1 111.12 for an independently entitled 

divorced spouse annuity. Regardless of the employee’s total railroad service months, 

the divorced spouse annuity cannot begin before the employee meets the age 

requirement in the chart below. 

The type of SS Act insured status makes a difference in employee 60/30 cases and 

employee disability cases. 

If, based on combined railroad 

and SSA earnings, the employee 

has:

and the employee is 

receiving an RRA 

employee annuity and 

is at least:

the divorced spouse 

annuity can begin:

The annuity will have 

an age reduction if the 

divorce spouse ABD 

is:

an SS Act Fully Insured Status 

(40 Quarters of Coverage for those 

born after 1928),

age 62 for a full month, the first full month the 

divorced spouse is age 62.

before the divorced 

spouse attains FRA.

An SS Act Disability Insured Status 

(disability freeze),

age 62, the first full month the 

divorced spouse is age 62.

before the divorced 

spouse attains FRA.
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320.16 Divorced Spouse Marriage Requirements

320.16.1 The 10-Year Marriage Requirement for Divorced Spouse

The divorced spouse must have been married to the EE for a period of at least 10 years 

immediately before the date the divorce became final. The 10-year marriage 

requirement is met when the final decree of divorce is dated on or after the 10th 

anniversary of the applicant's and the employee's marriage. 

Example, if the date of marriage is June 23, 1956 and the date of divorce is June 22, 

1966, the divorced spouse applicant is not eligible.

The 10-year period of marriage must immediately precede the divorce. However, the 

10-year requirement may be met if the period of marriage was interrupted by a previous 

divorce, provided the employee and spouse remarried in the same year or in the 

calendar year immediately following the year in which the divorce took place. If the 

remarriage does not occur in the prescribed time, two periods of marriage cannot be 

"added together" to produce 10 years. Example: The employee and spouse were 

married on April 9, 1950, and divorced on June 8, 1957. They remarried on July 15, 

1958, but were again divorced on November 3, 1960. The 10-year marriage 

requirement is met because they remarried before the end of the calendar year 

following the year the divorce took place. When this requirement is met, the time period 

during which the couple was divorced is counted as if they had been married.

If the employee and spouse in this example remarried in 1959, the 10-year marriage 

requirement would not be met. The divorced spouse then could qualify only if the 

second marriage lasted 10-years before the divorce. The first 7 years of marriage 

cannot be added to a subsequent period to produce 10 years.

If the 10-year marriage requirement is not met by the most recent period of marriage the 

divorced spouse may be eligible based on a previous 10-year period of marriage.

Example: The employee and spouse were married on April 9, 1950, and divorced on 

June 8, 1973. They remarried August 9, 1979, and were again divorced July 15, 1980. 

The divorced spouse may qualify based on the first 10-year marriage, because the 

employee and divorced spouse were married 10 years immediately before the divorce.

320.16.2 Divorce Decrees

If a divorce decree is signed one date and “entered” on another date, it is effective on 

the date it is “entered.” A divorce is deemed to exist throughout the month in which it is 

“entered.”

EXAMPLE: The divorce decree was “entered” on June 17, 1983 and the divorced 

spouse meets all other requirements for entitlement to a divorced spouse annuity. The 

ABD can be as early as June 1, 1983.

For further information about divorce decrees and foreign divorces, see RCM 4.3. 
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A. Types of Final Divorce Decrees

A final divorce completely dissolves a marriage and restores the parties to the status of 

single persons. These can also be referred to as:

1. absolute divorce, or

2. divorce a vinculo matrimonii

Some divorce decrees contain the Latin phrase “nunc pro tunc”(then for now) and two 

dates. This is an entry made now for something previously done and has a retroactive 

effect. For example, a judge may issue a “nunc pro tunc” order to correct a trial record 

made earlier. The correction would be considered effective from the date of the original 

record rather than the date of the correction. Headquarters must make a determination 

as to the correct date of divorce in cases where the final divorce decree has the phrase 

“nunc pro tunc.”

B. Actions that are not Divorces for Entitlement Purposes:

The following legal actions are not considered to be final divorce decrees for entitlement 

purposes:

1. a legal separation,

2. qualified or preliminary divorce,

3. divorce from bed or board,

4. divorce a mensa et thoro,

5. interlocutory decree, or

6. decree nisi 

C. Allegations

Do not accept the applicant's allegation that the marriage was legally terminated as a 

result of separation of parties, abandonment, or limited divorce as sufficient for 

entitlement unless specifically covered by the laws of the State in which the divorce took 

place.

D. Annulments

Annulment decrees should be referred to P&S. A decree of annulment usually 

constitutes a judicial declaration that a purported marriage is:

1. void (legally non-existent from its beginning) or
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2. serves to terminate a voidable marriage (a defective marriage which is valid 

unless and until declared void by a court action).

However, in some places, a decree of annulment may serve to terminate a valid 

marriage (although such action is usually called a divorce). 

320.16.3 When A Divorce Decree Can Be Used As Proof Of Marriage

A final decree of divorce presupposes that the marriage terminated by the divorce was a 

valid one. Thus, in most cases, proof of the divorce also constitutes evidence of the 

validity of the divorced spouse's marriage to the employee. Additional development of 

proof of marriage would only be required when:

1. Development is necessary to establish the validity of the divorce decree itself; or,

2. Information in file, in the divorce decree, etc., raises a reasonable doubt of the 

validity of the marriage; or,

3. The divorce decree does not contain sufficient information to determine that the 

marriage lasted at least 10 years.

If any of these exceptions apply, proof of marriage must be obtained.

320.16.4 Divorced Spouse Must Be Unmarried

A divorced spouse annuity is not payable for any month in which the divorced spouse is 

married. However, divorced spouses can be entitled (or re-entitled) to divorced spouse 

annuities even though they remarry after the divorce from the employee, provided that:

1. All other requirements are met; and

2. The later marriage terminated by death, divorce or annulment.

This provision applies even though the divorced spouses can qualify for SS benefits on 

the later spouses’ wage records; no matter how many times they remarried, provided all 

marriages have ended; and regardless of when the marriage(s) took place or ended in 

relation to this provision. Entitlement cannot, however, be established for any month(s) 

prior to the month in which the later marriage ended.

320.17 Divorced Spouse Annuity Age Reduction

320.17.1 Tier 1 Component 

Divorced spouse entitlement is limited to the Tier 1 component, which is the amount of 

the SS formula spouse's benefit. No Tier 2 component is payable.
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320.17.2 Age Reduction When Employee Has at Least 120 Months Service -When 

No Previous Entitlement to Spouse Reduced Age

The age reduction factor for a reduced divorced spouse annuity is 1/144 for the first 36 

months the divorced spouse is under FRA and 1/240 for each additional month the 

divorced spouse is under FRA on the RRA divorced spouse ABD. 

320.17.3 Age Reduction When Employee Has Less Than 120 Months Service -

When No Previous Entitlement to Spouse Reduced Age

If the employee has less than 120 months of railroad service but has 60-119 Months of 

Railroad Service with at least 60 Months of railroad service After 1995, the divorced 

spouse annuity is reduced by 1/144 for the first 36 months the divorced spouse is under 

FRA and by 1/240 for each additional month the divorced spouse is under FRA on the 

RRA divorced spouse ABD, or, if earlier, the divorced spouse’s social security benefit 

date of entitlement.

320.17.4 Age Reduction When There was Previous Entitlement to Spouse 

Reduced Age Annuity

Effective August 12, 1983, or later, when the divorced spouse was previously entitled to 

a spouse annuity that was reduced for age, the age reduction factor from the previous 

spouse annuity is used as the age reduction factor of the divorced spouse annuity. This 

rule applies even when there is a gap in entitlement between the spouse annuity and 

divorced spouse annuity.

Prior to August 12, 1983, the divorced spouse annuity age reduction was always 

calculated based on the ABD of the divorced spouse annuity.

320.17.5 Divorced Spouse Previously Entitled to a Reduced 60/30 Annuity Under 

’83 Amendments

If the divorced spouse was previously entitled to a spouse reduced 60/30 annuity under 

the ’83 Amendments, the age reduction that applied to the spouse does not carry over 

to the divorced spouse annuity. The age reduction, if any, of the divorced spouse 

annuity is based on the number of months the divorced spouse is under FRA on the 

annuity beginning date of the divorced spouse annuity. 

320.18 Divorced Spouse RIB/DIB Entitlement

Divorced spouses must not be entitled to their own RIB or DIB, based on a PIA which is 

equal to or greater than one-half of the employee's PIA-1. Use the MBR PIA based on 

the divorced spouse's own earnings record to determine if this provision applies. Do not 

use the amount of the RIB or DIB currently payable. If the RIB or DIB PIA equal or

exceeds 50% of the employee's PIA1, the divorced spouse annuity application must be 

denied.
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EXAMPLE: The employee's Tier 1 PIA is $620.40. The divorced spouse is entitled to 

an RIB of $262.50 based on a PIA of $350.00. Because her PIA ($350.00) is greater 

than one-half of the employee's PIA ($310.20), she is not eligible for a divorced spouse 

annuity.

Even though a divorced spouse may be entitled to an annuity because her RIB/DIB PIA 

does not equal or exceed one-half of the employee's Tier I PIA, she may be entitled to a 

zero rate annuity. This may occur when a divorced spouse's annuity is reduced for age, 

and her SS benefit amount reduces Tier 1 to zero. 

In some cases, the divorced spouse may wish to wait until Full Retirement Age to file,

since Tier 1 will then exceed the SS benefit. RBD will ask you to contact a divorced 

spouse with a zero rate reduced annuity, who would receive an annuity if the divorced 

spouse annuity began at Full Retirement Age. The divorced spouse may wish to cancel

the reduced annuity application.

EXAMPLE: One-half of the employee's PIA is $310.20. The divorced spouse's annuity 

Tier 1 is $232.60 at age 62. The divorced spouse's DIB PIA and benefit is $296.70. She 

is entitled to a divorced spouse annuity, because her DIB PIA is less than one-half of 

the employee's PIA. However, her annuity rate is zero, because the SS benefit 

($296.70) exceeds her tier I ($232.60). If the divorced spouse ABD were at Full 

Retirement Age 65, she would be entitled to the difference between the unreduced Tier 

1 and her SS benefit.

Also note that the divorced spouse who is not eligible for an annuity because of this 

requirement may be eligible for a surviving divorced spouse's annuity when the 

employee dies. A surviving divorced spouse's RIB/DIB PIA may be equal to 100% of 

the employee's death PIA. A divorced spouse who has a RIB/DIB greater than 50% but 

less than 100% of the employee’s PIA should be advised to contact the RRB when the 

employee dies.

320.19 Other Reductions to Spouse and Divorced Spouse Annuities

320.19.1 Reduction for Public Service Pension

Refer to FOM-I-120.40 for all public service pension information.

320.19.2 Reduction for Worker's Compensation Or Public Disability Benefit

Tier 1 of a spouse or divorced spouse annuity may be reduced if the reduction for 

worker's compensation or a public disability benefit applies to the employee's disability 

annuity. The reduction is first applied to the spouse or divorced spouse tier I, then to 

tier I of the employee's disability annuity. See FOM-I-120.35 for more information.

320.19.3 Reduction for Earnings

A spouse or divorced spouse annuity may be reduced for earnings as explained in 

FOM-I-1120 and FOM-I-1121. 
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320.19.4 Eligibility for Another Railroad Retirement Act Annuity

If the spouse or divorced spouse is eligible for another annuity under the Railroad 

Retirement Act, refer to FOM-I-120.5.

320.20 Development of Spouse Annuity Applications

320.20.1 Development Policy for Spouse Annuities

It is the RRB's policy to solicit an application whenever it is determined that a spouse 

may be eligible for an annuity upon filing. Both manual and mechanical means are 

used to develop such claims as explained in the following section.

320.20.2 Forms and Evidence Requirements for Spouse Annuity

Evidence When Required

Application Form AA-3 Always.

Self-Employment and 

Substantial Service 

Questionnaire (Form 

AA-4) 

Required when a spouse has been self-employed 

during the 6 months preceding the annuity beginning

date. 

Application for 

Substitution of Payee 

(AA-5)

Required if a substitute payee is to be appointed for a 

spouse.

Employee’s 

Certification (G-346)

Required in all cases except when the spouse’s 

application filing date is less than 90 days from the 

voucher date of the employee’s initial award.

Age of Spouse When spouse entitlement is based on age.

Marriage Always, (Prior to 6-1-1958 documentary evidence was 

not required, spouse’s statement was acceptable if 

verified by employee’s Form G-346.)
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Public Service Pension 

Questionnaire (G-208)

When AA-3 indicates spouse is receiving or will 

receive a public service pension.

It is not necessary to secure form G-208 if the 

application is taken on APPLE. The form must be 

obtained if the application is taken on a paper AA-3.

Living-With (Members 

of Same Household)

If filing as a deemed spouse. The employee and 

deemed (defacto) spouse should reside at the same 

address.

Termination of Prior 

Marriage

If reasonable doubt whether prior marriage of either 

employee or spouse was ended.

AA-19a, Application for 

determination of Child 

Disability

If a spouse is under FRA (or age 60 in a 60/30 case) 

and the only child-in-care has attained age 18 and is 

alleged to be disabled.

Proof of Public Service 

Pension Rate

Required to document G-208, with rate effective date, 

if a reduction for a public service pension (PSP) 

applies, and the estimated spouse Tier 1 after all 

reductions is greater than zero.

Proof of Public Service 

Pension Eligibility Date 

and Starting Date

Required if a spouse may be exempt from PSP 

reduction because the PSP eligibility was earlier than 

12-1-1982, but the pension began after 11-30-1982. 

Proof is also required if a reduction exemption is 

claimed based on dependency and the eligibility is 

before 7-1-1983, but the PSP began after 6-30-1983.

See FOM1 120.40.3 for a complete list of exemptions.

Statement Regarding 

Contributions and 

Support (G-134)

Required if spouse claims exemption from PSP 

reduction based on dependency.

Child-in-Care Only when a spouse under FRA (or under age 60 in a 

60/30 case) is applying for an annuity on the basis of 

having a child-in-care.

Proof of Child’s Age, 

Marital Status and 

Relationship to 

Employee

If child-in-care necessary to qualify spouse under FRA 

(or under age 60 in 60/30 case) for unreduced annuity. 

The proofs required are explained in RCM Part 4. It is 
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preferable to get such proofs for the youngest 

unmarried child under age 18.

Notice of Protection of 

Filing Date for Social 

Security Benefits 

(RR-8)

Submit with the Form AA-3 only if a spouse is eligible 

for social security benefits, or will be eligible within 3 

months, and wishes to use the filing date of the Form 

AA-3 as the filing date of an application for social 

security benefits.

Employee’s 

Certification of 

Termination of Service 

and Relinquishment of 

Rights (G-88)

Required when a spouse files if the employee did not 

previously relinquish his rights and no G-346 is 

submitted or item 8 of the G-346 was crossed out. Do 

not solicit for a divorced spouse application

Earnings Information 

Request (G-19F)

Required if a spouse had pre-retirement non-railroad 

employment earnings and the ABD is in a prior year or 

the ABD is in the current year and the applicant has 

ceased the non-railroad work after the month of the 

ABD.

320.20.3 RL-100 Program

Form RL-100 is a computer-prepared card notice addressed to the employee annuitant 

stating that the spouse may be eligible for benefits and how the spouse can get such 

benefits.

The cases are selected and the cards prepared when:

1. Spouse attains age 59 years 9 months if employee annuitant is at least age 60, 

has 30 years of service; or

2. Spouse attains age 61 years 9 months if employee annuitant is at least age 62; 

or

3. Disabled employee annuitant attains age 59 years 9 months and (s)he has 30 

years of service and the spouse is at least age 59 years 9 months, or

4. Disabled employee annuitant attains age 61 years 9 months if spouse is at least 

age 62.

320.20.4 Manual Release of RL-100

At the time a suspended employee annuity is reinstated, RBD will prepare an RL-100 

notice if the annuity was in suspense on the G-96 cut-off date in the month the case 

would have been selected by the computer for preparation of an RL-100.
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Enter the employee’s name, address, and claim number, the servicing field office 

address and, in the upper left corner just below the form number the month of eligibility.

If the employee must relinquish rights before the spouse can receive an annuity, also 

enter “R of R needed.” Release the card in a window envelope to the employee.

320.20.5 When Direct Development Is Required

RBD will develop a claim by direct correspondence when the applicant lives outside the 

U.S., Canada or Mexico. Correspondence requesting proofs should contain information 

about where evidence may usually be obtained.

320.20.6 Establishing Minor Child’s Disability

A determination on the alleged disability of a minor child in the spouse’s care is not 

required until the child attains age 18 (or age 16 if child-in-care of a male spouse). 

When the child is the applicable age, the field office will develop the required AA-19a 

application and proofs to establish the spouse eligibility based on a disabled child-incare and/or to establish the child’s Medicare entitlement.

320.20.7 When Employee will not Submit a Required Form G-346

When a Form G-346 is required and the employee is physically unable to complete a 

Form G-346 or refuses to submit a Form G-346, the field office is to secure a statement

from the spouse explaining that to the Spouse’s knowledge, neither the Employee nor 

the Spouse have filed for or secured a divorce. 

NOTE: If neither a Form G-346 nor statement can be secured, refer the case to P&SRAC. P&S-RAC will make a final determination (e.g., acceptance or denial) based on 

the circumstances of each case. 

320.20.8 Spouse Annuity under the Retirement O/M

To qualify for an increase in a spouse annuity under the O/M or for a spouse to be 

included in the computation of the employee’s annuity under the O/M as an IPI the 

spouse must meet the qualifying requirements of the SS Act for entitlement to a wife’s, 

or husband’s benefit. See RCM 8.3.22.

Note: If the employee’s annuity is increased under the “Spouse Election” procedure, 

refer to RCM 1.3, Appendix C.

320.25 Development of Divorced Spouse Annuity Applications

320.25.1 Development Policy for Divorced Spouse Annuities

The RRB does not solicit divorced spouse applications. The divorced spouse must 

initiate the annuity application.
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There are no provisions in the RRA for paying a divorced spouse annuity based on 

having the employee’s minor or disabled child-in-care or for paying a divorced spouse 

before the employee retires.

320.25.2 Forms and Evidence Requirements for Divorced Spouse Annuity

Evidence When Required

Application Form AA-3 Always.

Application for 

Substitution of Payee 

(AA-5)

Required if a substitute payee is to be appointed for a 

spouse.

Age of Spouse When spouse entitlement is based on age.

Marriage Always, (Prior to 6-1-1958 documentary evidence 

was not required, spouse’s statement was acceptable 

if verified by employee’s Form G-346.)

Divorce Always. The evidence should indicate that the 

duration of the marriage was at least 10 consecutive 

years.

Self-Employment and 

Substantial Service 

Questionnaire (Form 

AA-4)

Required when a divorced spouse has been selfemployed during the last 6 months preceding the 

annuity beginning date.

Public Service Pension 

Questionnaire (G-208)

When AA-3 indicates spouse is receiving or will 

receive a public service pension.

It is not necessary to secure form G-208 if the 

application is taken on APPLE. The form must be 

obtained if the application is taken on a paper AA-3.

Proof of Public Service 

Pension Rate

Required to document G-208, with rate effective date, 

if a reduction for a public service pension (PSP) 
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applies, and the estimated spouse Tier 1 after all 

reductions is greater than zero.

Proof of Public Service 

Pension Eligibility Date 

and Starting Date

Required if a spouse may be exempt from PSP 

reduction because the PSP eligibility was earlier than 

12-1-1982, but the pension began after 11-30-1982. 

Proof is also required if a reduction exemption is 

claimed based on dependency and the eligibility is 

before 7-1-1983, but the PSP began after 6-30-1983.

See FOM1 120.40.3 for a complete list of exemptions

Statement Regarding 

Contributions and 

Support (G-134)

Required if spouse claims exemption from PSP 

reduction based on dependency.

Termination of Prior 

Marriage

If reasonable doubt whether prior marriage of either 

employee or spouse was ended.

Proof of Other 

Marriage Termination

Required when a divorced spouse was remarried 

between her divorce from the employee and her filing 

as “unmarried” for a divorced spouse annuity.

Notice of Protection of 

Filing Date for Social 

Security Benefits 

(RR-8)

Submit with the Form AA-3 only if a spouse is eligible 

for social security benefits, or will be eligible within 3 

months, and wishes to use the filing date of the Form 

AA-3 as the filing date of an application for social 

security benefits.

320.25.3 Divorced Spouse Annuities and the Retirement O/M

The divorced spouse's annuity rate may never be increased under the O/M to an 

amount that exceeds his/her RR formula Tier 1 rate. The divorced spouse is not 

included in the family group when computing the Retirement O/M family maximum. See 

RCM 8.3.21.

320.25.4 Independently Entitled Divorced Spouse (IEDS) Annuities

Effective August 17, 2007, it is possible to pay a divorced spouse before the employee 

is entitled to an annuity. In order to pay this independent annuity to the divorced 

spouse, the employee must be eligible for an annuity. When taking the application, 

determine the following:
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1. Is the employee eligible for an age and service annuity? Check EDM to make 

sure the employee has 120 months of service, or 60 months after 1995. Develop 

lag service if necessary for eligibility. 

2. Are the employee and the divorced spouse age 62 for a full month? The 

divorced spouse will have to present proof of age for the employee as well as 

her/himself. If proof of age for the employee can’t be obtained, the application 

will have to be denied.

3. Have the employee and the divorced spouse been divorced for 2 full years? The 

first ABD for an IEDS is August 17, 2007. Therefore, the date of divorce for that 

ABD can be no later than August 16, 2005. If the date of divorce is later, the 

earliest ABD is the first day of the month two full years after the divorce. This rule 

is in addition to normal rules that apply to determining the ABD.

Enter the application in APPLE as usual. The following entitlement exceptions will 

apply:

• The employee will not have to be entitled to an annuity.

• The employee will not have to quit work in the railroad industry.

• The employee will not have to relinquish rights in order for the divorced spouse to 

receive an annuity.

• Normal retroactivity will apply to these annuities with the exception that no 

independently entitled divorced spouse award will retroact before 08-17-2007.

• The divorced spouse annuity will not be reduced for the employee’s earnings.

The divorced spouse will have to stop work in the railroad industry and relinquish rights 

before an annuity will be paid. The reductions to the annuity are the same as with the 

regular divorced spouses (e.g., PSP, SS benefits, work deductions).

320.30 Spouse/Divorced Spouse Annuity Beginning Date

The "Annuity Beginning Date" (ABD) is explained in FOM-I-111.

320.31 Death of Spouse or Divorced Spouse Applicant Before ABD

If there is a valid spouse or divorced spouse annuity application pending when the 

applicant dies, refer to FOM-I-1581.35.7.
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320.32 Suspension of Spouse or Divorced Spouse Annuity

The procedure explaining when to suspend a spouse/divorced spouse RRB annuity is in 

RCM 6.3. The field office instructions for FAST-S/T for suspending the RRB annuity are 

in FOM-I-1560.

The RRB field office is not authorized to suspend social security benefits being paid by 

the RRB without the permission of SSA (see FOM-I-715.25). 

320.33 When a Spouse/Divorced Spouse Annuity Terminates 

320.33.1 When Entitlement Ends for Spouse Annuity

A legal spouse's annuity terminates with the last day of the month before the month in 

which:

• The marriage to the employee annuitant is ended. If the marriage is ended by 

divorce, refer to FOM-I-320.50. 

• The spouse dies;

• The employee's entitlement to an employee annuity ends; or

• The employee dies (See FOM-I-320.57).

320.33.2 When Entitlement Ends for a Spouse with a Child in Care

In addition to the events listed in FOM-I-320.33.1, the entitlement of a spouse under Full 

Retirement Age (or under age 60 in a 60/30 case) to an unreduced spouse's annuity 

ends with the last day of the month before the month in which the youngest child:

• Is no longer in care; or

• Marries; or

• Dies; or

• Attains age 18 and is not disabled. The procedure explaining the monthly age 18 

attainment processing is in RCM 6.3.

EXCEPTION: For spouse annuity rates effective between, 9-1981 and 8-1992, a 

wife was eligible for Tier 2 until the child attained age 18. However, payment of 

tier I ceased when the child attained age 16.

When a disabled child age 18 or over recovers from disability, the spouse annuity is 

payable for 2 months after the month in which the child recovers.

Refer to FOM-I-320.40 if the spouse could qualify for an annuity based on age. 
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NOTE: A child age 18-22 who is a full-time student will NOT qualify a spouse for an 

annuity.

320.33.3 When a Divorced Spouse Annuity Terminates

A divorced spouse annuity terminates the last day of the month before the month in 

which:

1. The divorced spouse remarries. (Note: If the divorced spouse remarries the 

employee, refer to FOM-I-320.55.) 

2. The divorced spouse becomes entitled to an RIB or DIB based on a PIA which 

equals or exceeds one-half of the employee's PIA;

3. The divorced spouse dies;

4. The employee dies (refer to FOM-I-320.57); or

5. The employee's entitlement to an annuity ends.

320.34 Field Office Processing Termination of Spouse or Divorced 

Spouse Annuity

The field office instructions for FAST-S/T for terminating the annuity are in FOM1 1560. 

The RRB field office is authorized to terminate social security benefits when the 

termination is due to the beneficiary's death (see FOM1 715.25.3). Therefore, the field 

office FAST-S/T termination code “51” due to the death of the spouse or divorced 

spouse should terminate both the RR annuity and any SS benefit. 

The RRB field office is not authorized to terminate social security benefits without the 

permission of SSA, when the termination is for a reason other than the beneficiary's 

death (see FOM1 715.25.3). The field office should enter the FAST-S/T termination 

code of “57” due to the divorce of the spouse or remarriage of the divorced spouse to

terminate the RRB annuity only. This action does not terminate any SS benefit payable 

to the spouse or divorced spouse.

If a post-entitlement event terminates the entitlement of an individual beneficiary to a 

railroad annuity, but entitlement to his/her social security benefit continues, jurisdiction 

for payment of his/her social security benefit may need to be transferred to SSA. Notify 

RSBD via email to review whether or not the jurisdiction of the social security benefit 

should be transferred to SSA.

RSBD must be notified if the spouse/divorced spouse RRB annuity was not terminated 

timely so that the overpayment can be addressed.

Furthermore, the termination of the spouse/divorced spouse annuity may affect 

jurisdiction of Medicare (see FOM1 810.45).
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See additional details for handling situations in which the employee and spouse divorce 

in FOM1 320.50–320.54.

320.35 Spouse or Divorced Spouse Annuities Due but Unpaid

320.35.1 Death of Employee Annuitant

Entitlement to a spouse or divorced spouse annuity for a retroactive period can be 

established after the employee annuitant's death if the survivor files an RRB application

for the spouse or divorced spouse annuity and the eligibility requirements for a spouse 

or divorced spouse annuity were met before the month in which the employee died as 

explained in FOM-I-112.10. 

320.35.2 Death of Spouse or Divorced Spouse Annuitant

There may be an accrued spouse or divorced spouse annuity due if the folder or on-line 

screens contain:

1. Information indicating that the spouse or divorced spouse annuity payments were 

"suspended" effective a month before the month of death; or,

2. Information indicating that there are one or more uncashed spouse or divorced 

spouse annuity checks outstanding for month(s) before the month of death; or,

3. Information indicating that a spouse or divorced spouse annuity rate adjustment 

is needed that will increase the amount of the spouse annuity for months before 

the month of death.

320.35.3 When an Application is not Required for Accrued Annuity Based on 

Death of Spouse or Divorced Spouse

If the employee annuitant survives the spouse or divorced spouse, an application is not 

required for payment of the accrued spouse or divorced spouse annuity to the 

employee. Use the previously-filed employee annuity Application AA-1 as an 

application for any accrued annuity payable to the employee.

320.35.4 Application and Proofs

Headquarters will handle the claim according to the instructions in RCM 2.7, "Annuities 

Due But Unpaid at Death."

320.40 When Child No Longer In Care

The procedure explaining the monthly attainment processing of spouses and their 

children is in RCM 6.3.
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320.40.1 Spouse Qualifies For Immediate Annuity Based on Age - 

The spouse annuity based on child-in-care must be terminated and a new award 

prepared for the annuity based on age. The spouse will receive a new ABD based on 

the RRA provisions in effect at the time the annuity based on age is paid. Any public 

service pension reduction is based on the ABD for the previous annuity.

A modified application is required only when there is no break in entitlement, but an age 

reduction applies to the spouse annuity based on age. The application allows 

the person to “accept” the age reduction.

When the required forms are in the claim file and there is no break in entitlement, the 

annuity based on age may be processed without termination of the previous annuity. 

The new ABD and type of entitlement are required on the annuity award.

Release a letter to the spouse indicating the change in the basis of entitlement. 

NOTE: If the spouse annuity based on a child-in-care was computed under 1974 Act or 

conversion rules and the basis for entitlement changes 10-1-81 or later, the unreduced 

age annuity was still computed under 1974 Act or conversion rules as long as the 

spouse annuity entitlement did not end. 

320.40.2 Break in Entitlement of One Month or More - 

A new application is always required when there is a break in entitlement between the 

spouses annuity based on child-in-care and the spouse annuity based on age.

320.50 When the Spouse and Employee Divorce

The spouse annuity must be terminated when the spouse and the employee divorce. 

Entitlement ends with the last day of the month before the month in which the decree of 

divorce becomes final. Entitlement is not ended by a limited decree of divorce or an 

interlocutory decree of divorce. Legal separation does not necessarily terminate the 

marital relationship. State law determines whether or not a legal separation is 

considered a final divorce. Refer to FOM1 930.5 for more information.

Example: If the spouse divorces the employee on April 15, 2021, the spouse annuity is 

effective through March 31, 2021. The termination effective date is April 1, 2021, and 

the last payment due will be paid in April. 

The field office receiving the report of divorce is responsible for securing the divorce 

decree and terminating the spouse’s annuity on FAST. A termination code of 57 should 

be entered. Refer to FOM1 1565.40.1 or RCM 9.7.21 for additional details on entering 

data on the FAST suspension/termination screen. The proof of divorce should be 

entered onto APPLE and scanned into WorkDesk. If a garnishment or partition of RRB 

benefits is mentioned in the divorce settlement or attached Qualified Domestic Relations 

Order (QDRO), forward the divorce decree to OGC. Refer to FOM1 135.35 for more 

information regarding garnishments and partitions. 
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If the spouse is entitled to a divorced spouse annuity (see FOM1 320.5.3), 

Headquarters must prepare a new award to pay the divorced spouse annuity and 

should use the date of the final divorce decree as the filing date on the new award. 

Proof of divorce (see FOM1 320.25.2) is required. 

NOTE: A defacto (deemed) spouse (see FOM1 320.5.2) is not eligible for a divorced 

spouse annuity regardless of the duration of the deemed marriage to the employee 

annuitant.

Refer to FOM1 320.34 for additional details regarding Field Office handling of 

terminations for spouses/divorced spouses.

320.50.1 No New RRA Application Required - 

No new RRA application is required when:

A. A legal RRA spouse's annuity is terminated by divorce and the divorced spouse 

meets the requirements for a divorced spouse annuity, including attainment of 

age 62 and

B. Was entitled to a spouse annuity on the same RRB claim number in the month 

before the divorce is final.

Note: An age reduction may apply when a spouse annuity is converted to a divorced 

spouse annuity. See FOM1 320.50.4 for additional details. 

320.50.2 New RRA Application Needed - 

A new RRA application is needed for a divorced spouse annuity after a legal spouse's 

annuity is terminated by final divorce when:

A. there is a gap in eligibility between the end of the spouse annuity and the annuity 

beginning date of the divorced spouse annuity (i.e. months before the divorced 

spouse is age 62) or

B. entitlement to the divorced spouse annuity is based on a different RRB claim 

number.

320.50.3 Direct Deposit Data 

The RRB field office should check for any change in the divorced spouse’s name, bank, 

and bank account number and process the direct deposit information according to

FOM1 110.73. Any changes in name, direct deposit, etc. should be secured, updated 

on FAST, when appropriate, and forwarded onto RSBD for correct award setup and 

payment.
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320.50.4 Change from Full Spouse Annuity to Reduced Age Divorced Spouse 

Annuity

If an age reduction is to be applied to the divorced spouse annuity and the previous 

spouse annuity was not subject to an age reduction (i.e. spouse 60/30 annuity or 

spouse with child-in-care), determine if an additional statement is needed by reviewing 

the spouse’s original application. 

A. If the application indicates the spouse will accept a reduced annuity, the RSBD 

examiner will use that application to process the reduced age divorced spouse 

annuity.

B. If the application indicates the spouse will not accept a reduced annuity, the field 

office representative will need to secure a signed statement indicating the divorced 

spouse will accept a reduced age annuity. This is needed before a reduced age 

divorced spouse application can be processed. The field office representative should 

be sure to scan the signed statement to WorkDesk and email RSBD regarding the 

secured statement.

NOTE: If the spouse’s original application is not available on APPLE or imaging, the 

RSBD examiner can request the claim folder to review the original application.

320.55 Divorced Spouse Remarries the Employee

320.55.1 Development Required 

When the divorced spouse was entitled to a divorced spouse annuity on the same RRB 

claim number in the month before the remarriage, and the person remarries the 

employee, the divorced spouse annuity must be terminated and a new award 

prepared for the spouse annuity. No new RRA application is required. Use the

date of remarriage as the filing date on the new award. Proof of the remarriage is 

required. See FOM1 320.13.1 to determine if the one-year marriage requirement 

can be waived.

A modified G-88 is also required. The LPE will be any nonrailroad employer that the 

person worked for within 6 months of the new spouse annuity ABD.

The RRB field office should check for any change in the spouse’s name, bank, and 

bank account number and process the direct deposit information according to FOM1 

110.73. 

320.55.2 Change from Reduced Divorced Spouse Annuity to Unreduced 60/30 

Spouse Annuity

If an age reduction was applied to the divorced spouse annuity and the spouse is 

entitled to a 60/30 annuity without an age reduction, pay the 60/30 spouse annuity 

without an age reduction.
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320.56 Divorced Spouse Who Becomes Re-entitled to a Divorced 

Spouse Annuity

A divorced spouse must be “unmarried.” Thus, if a divorced spouse annuitant's 

entitlement ends because of marriage and that subsequent marriage is later terminated, 

the divorced spouse may again be entitled to a divorced spouse annuity as “unmarried.” 

Proof of subsequent marriage termination would be required. 

Whenever there is a gap in entitlement, a divorced spouse must file a new application. 

If the divorced spouse is still under full retirement age, the age reduction for the new 

entitlement will be based on the divorced spouse's previous age reduction.

The RRB field office should check for any change in the spouse’s name, bank, and 

bank account number and process the direct deposit information according to FOM1 

110.73. 

320.57 Spouse or Divorced Spouse on Rolls When Employee Dies

So that they may continue to receive benefits without interruption, the widow(er) or 

Surviving Divorced Spouse of a completely insured annuitant is deemed to have filed an 

application for a survivor annuity. They continue to receive their spouse/divorced 

spouse annuity until the spouse-to-widow conversion is processed, unless evidence in 

file creates doubt as to eligibility for a widow(er)’s annuity or surviving divorced spouse 

annuity. 

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, the field office should determine why proof of the employee's death has 

not been submitted and whether payments made to the widow(er) or surviving divorced 

spouse after the employee's death were proper.

320.58 When Spouse May Switch From Reduced Annuity To 

Unreduced Annuity

A spouse who previously elected a reduced annuity may later become entitled to an 

unreduced annuity if there is a change in the law which provides eligibility for an 

unreduced annuity.

EXAMPLE 1: A spouse has a dependent grandchild in her care on 1-1-1972, the date 

she is entitled to a reduced spouse's annuity. On 1-1-1973, the earliest date female 

spouse benefits are payable based on a dependent grandchild, she becomes entitled to 

an unreduced spouse's annuity.

EXAMPLE 2: A male spouse is receiving an age reduced annuity from 6-1-1982. 

Effective 5-1-1983, he can receive an unreduced annuity based on a child-in-care.
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This provision does NOT apply to spouse cases where the spouses acquire an entitled 

child after they elected the reduced annuity (e.g. the child was adopted after the 

reduced annuity began). However, in such a situation, the spouse has the option of 

canceling the reduced-age application and filing for the unreduced annuity. This may 

be especially advantageous if the spouse filed for a reduced annuity after the child 

attained age 18 and the child became disabled before attaining age 22. (See RCM 

Chapter 5.1 for procedure on cancellation of application.)

320.59 New Application Required After Denial of Application

Before the RRB makes a final decision on the annuity application, applicants can 

change their application to agree with the proofs they submit. However, after a formal 

denial of an application, applicants cannot change their application to agree with the 

proof they submits. A new application is required.

RSBD will take formal denial action as explained in FOM1 110.20. 

At one time, it was the policy of the RRB to consider all denied applications for 

employee or spouse annuities as effective for any annuities for which the applicants 

later became eligible. That was known as the “Continuing Application Concept.” That 

concept no longer applied to an application that was denied for any reason with the date 

of the notice of the formal decision after 9-7-61.

Also, if the applicants do not meet the conditions outlined in RCM 6.2, Reopenings, a 

new application is required.

320.60 Vested Dual Benefit Entitlement Requirements

Under the 1974 Railroad Retirement Act, a spouse annuitant who is entitled to social 

security benefits, in addition to a spouse annuity, does not receive the full advantage of 

receiving both benefits. A railroad annuity must be adjusted for the amount of social 

security benefits payable. However, for spouse annuities authorized for payment before 

8-13-81, a spouse annuitant could benefit from social security coverage if she was 

vested for a "vested dual benefit" (VDB), an amount added to the annuity computation. 

It was designed to simulate the additional amount that the spouse would receive 

because of entitlement to both RR and SS benefits.

The 1981 RRA amendments eliminated VDB entitlement for spouses paid under the 

1981 RRA amendments. A VDB may be paid only if the spouse was vested as of 12-

31-74, her spouse annuity was authorized for payment before 8-13-81 (the enactment 

date of the amendments), and the spouse was entitled to the VDB before 8-13-81. Prior 

to 8-13-81, the spouse only had to be vested as of 12-31-74. A divorced spouse, and a 

husband based on a child in care effective 5-1-83, are not eligible for a VDB.

The requirements for a vested status are in FOM-I-320.60.1 and 320.60.2. It is not 

necessary that the employee be vested for the spouse to be vested. The requirements 

for payment of a VDB 8-13-81 or later are explained in FOM-I-320.65.
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Because of separate funding, VDBs may be subject to a percentage cutback if the total 

amount appropriated is insufficient to pay total VDBs for that fiscal year.

320.60.1 Spouse on the Rolls on 12-31-74

A spouse who filed an application before 1-1-75 and had a beginning date before 1-1-75 

is vested if she was:

A. Receiving SS benefits on 12-31-74; or

B. Fully or transitionally insured under the Social Security Act on her own wage 

record on 12-31-74.

320.60.2 Spouse on the Rolls After 12-31-74

A spouse who filed an application after 1-1-75 or had a beginning date after 1-1-75 is 

vested if either A. or B. below apply:

A. The spouse has a fully or transitionally insured status under the Social Security 

Act as of 12-31-74; the employee has at least 10 years of RR service as of 12-

31-74; and the employee HAS EITHER

1. Some RR service in 1974; or

2. A current connection (C/C) on either 12-31-74 or on his ABD; or

3. At least 25 years of RR service as of 12-31-74;

OR

B. The employee has at least 10 years of RR service as of 12-31-74 and the spouse 

has a fully insured status under the Social Security Act by the end of the year 

before 1974 in which RR service was last performed by the employee.

EXAMPLE 1: The employee, who has 25 years of RR service, was receiving 

both an RR and an SS benefit on 12-31-74. His wife filed for a wife's annuity 

after 12-31-74. She was insured for an SS benefit on her own wage record as of 

12-31-74. All of the requirements in FOM-I-320.60.2A are met for her to be 

vested. 

EXAMPLE 2: The employee worked in the RR industry from May 1, 1932, to 

April 24, 1951. From 5-1-51 on, he worked for an SS employer. His ABD and his 

SS effective date both are on 7-1-74.

His wife worked for an SS employer from 1939 to 1962. She had an insured 

status under the Social Security Act by 12-31-51. Her ABD is 1-1-75. Since her 

husband had over 10 years of RR service and she was insured for SS benefits 
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by the end of the year in which her husband last performed RR service, she is 

vested under the conditions in FOM-I-320.60.2B.

320.65 Vested Dual Benefit Payment 8-13-81 Or Later

A vested dual benefit (VDB) may be paid only if the spouse was vested as of 12-31-74, 

her spouse annuity was authorized for payment before 8-13-81, and the spouse was 

entitled to the VDB before 8-13-81.

Generally, if the spouse annuity was paid before 9-1-81, it was probably authorized for 

payment before 8-13-81. An annuity award processed by RASI is authorized for 

payment on the date the computer run is made. A claim processed manually is 

authorized for payment on the date the award form is signed by both a claims examiner 

and a claims authorizer.

To be entitled to the VDB on her own account before 8-13-81, the spouse's date of birth 

must be before 8-14-19, or the spouse must be entitled to a social security disability 

insurance benefit which began in August 1981 or earlier, and the VDB must be payable 

before 8-13-81. To be entitled to the VDB based on the employee's earnings record, 

the spouse's date of birth must be before 8-14-19, or the spouse must be entitled to a 

social security benefit based on a child in care, and the employee's VDB date of 

entitlement must be before 8-13-81. When VDB entitlement depends on SS benefit 

entitlement, the SS benefit must have been paid before 8-13-81, and the RRB must 

have been aware of such entitlement before that date.

The spouse VDB may not be paid if it was erroneously denied before 8-13-81. The 

1981 Railroad Retirement Act (RRA) amendments prohibit payment of a VDB in all 

cases in which entitlement was not determined prior to 8-13-81, including cases when 

entitlement was denied incorrectly.

An erroneous VDB denial generally means that the spouse was eligible for the VDB 

when the annuity was awarded or recertified, but the VDB determination was not made 

or was made incorrectly. The fact that the VDB was not paid, for whatever reason 

(delay, oversight, etc.), when evidence indicates such entitlement, means that the VDB 

was erroneously denied and cannot be paid.

EXAMPLE 1: A spouse annuitant was paid one-half of the employee's VDB on 8-1-81. 

The evidence in file also indicated she was vested for an RIB/DIB on her own account, 

but the RIB/DIB VDB was not paid on 8-1-81. Because the RIB/DIB VDB was not paid 

when the annuity was recertified and the spouse was eligible for the VDB, the RIB/DIB 

VDB was erroneously denied and cannot be paid.

EXAMPLE 2: A 60/30 spouse annuity was paid 3-1-81, showing that the spouse was 

eligible for an RIB/DIB VDB on 7-1-81, when she attained age 62. Even though the 

VDB was not paid before 8-13-81, the VDB should be paid. This situation does not

involve erroneous denial of the VDB.
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320.70 Employee Is Vested But The Spouse Is Not

Although the employee annuitant may be vested, the spouse is not vested if:

A. She is fully insured under the Social Security Act on 12-31-74 but the employee 

annuitant does not meet the RR requirements necessary for her to be vested 

(only in 1974 Act cases); or

B. The spouse is not fully insured or transitionally insured under the Social Security 

Act on her own wage record on 12-31-74 or fully insured by the end of the year 

before 1974 in which the employee last performed RR service.

However, if the employee is fully insured under the Social Security Act, the 

female or male spouse could still receive a VDB benefit because the spouse of a 

vested employee was guaranteed at least one-half of the employee's VDB. This 

VDB is payable from the employee's VDB date of entitlement but not before the 

spouse attains age 62 or has an eligible child of the employee in care. If the 

spouse is a male age 60-61, he may receive one-half of the employee's VDB 

effective 12-1-78 or later if he has a minor child of the employee in his care. The 

1981 amendment requirements in FOM-I-320.65 must be met for any spouse 

VDB payment 8-13-81 or later.

If the employee is entitled to a VDB based on a transitional insured status at the 

Social Security Administration but the spouse is not eligible for a transitional 

wife's benefit because she did not attain age 62 before 1969, no VDB can be 

paid to the spouse.

320.75 One-Half Support Requirement For Male Spouse's VDB

A male spouse who is vested for a VDB on his own wage record may not receive a VDB 

amount based on being insured for a retirement insurance benefit (RIB) or disability 

insurance benefit (DIB) unless he also meets the one-half support requirement. Since 

one-half support was a requirement for paying a husband's benefit as of 12-31-74, a 

non-dependent male spouse cannot receive a full RIB or DIB VDB but is limited to only 

one-half of the employee's VDB, if any. If the female employee is not vested, a nondependent male spouse is not entitled to a VDB amount even if he is vested on his own 

wage record. The 1981 amendment requirements in FOM-I-320.65 must be met for 

VDB payment 8-13-81 or later.

320.75.1 When Requirement Must Be Met

The point at which the one-half support requirement must be met is at the later of:

A. The ABD of the spouse annuity; or

B. The date the spouse could become entitled to an RIB; or

C. The date the spouse could become entitled to a DIB.
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320.75.2 When Proof Must Be Submitted

Proof of support must be filed within 2 years after the point at which the support 

requirement must be met, unless good cause can be established. The male spouse 

should submit a Form G-134 (Statement Regarding Contributions and Support). Proof 

must have been submitted before 8-13-81.

EXAMPLE: The employee's husband (date of birth 2-15-16) is entitled to a spouse 

annuity beginning 2-1-78. He is entitled to a DIB effective 11-1-77 based on a period of 

disability beginning 5-1-77. He attains age 65 in 2-81, when the DIB is switched to an 

RIB. In this case, the support requirement may be met on 11-1-77, 2-1-78, or 2-1-81. If 

the spouse has not filed proof of support by 2-1-80 (2 years after the spouse ABD), he 

can still become entitled to a VDB effective 2-1-81 if the one-half support requirement is 

met on that date and the spouse files proof of support before 8-13-81.

320.80 When The Vested Dual Benefit Is Payable

The earliest point at which the spouse annuitant would be eligible for a vested dual 

benefit (VDB) depends on whether eligibility is based on the spouse's own wage record 

or on the employee's wage record. No VDB may be paid 8-13-81 or later unless the 

requirements in FOM-I-320.65 are met.

320.80.1 Eligibility Based on the Spouse's Own Wage Record

The VDB amount on a spouse's own wage record becomes payable to the spouse 

annuitant at the earliest point at which she would be eligible for an SS benefit, either:

A. Age 62 if she is eligible for a reduced RIB; or

B. Any age if she is eligible for a DIB.

320.80.2 Eligibility Based on the Employee's Wage Record

A spouse's VDB based on the employee's entitlement to a VDB is not payable before 

the employee's VDB date of entitlement. The employee does not actually have to have 

filed for an SS benefit to qualify the spouse for one-half of the employee VDB amount.

The spouse would be eligible for a VDB at:

A. Age 62 if the spouse is eligible for a wife's or husband's SS benefit; or

B. Any age if a female spouse is eligible for an SS benefit based on having in her 

care a child eligible for a child's SS benefit on the employee's wage record; or

C. Age 60 if a male spouse is eligible for an SS benefit based on having in his care 

a child eligible for a child's SS benefit on the employee's wage record. The VDB 

entitlement is not effective before December l, 1978.
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320.81 Waiver Of Vested Dual Benefit Entitlement

When entitlement to a vested dual benefit (VDB) causes a decrease in the annuity rate, 

the annuitant may wish to waive entitlement to the VDB. An annuitant may request VDB 

waiver at any time. However, RBD will initiate the development of VDB waiver only in 

the following situations:

A. The VDB entitlement causes the annuity rate to decrease; or

B. The VDB cutback percentage is greater than 75%. The Tier 2 reduction for VDB 

entitlement is 25% of the VDB. If the VDB is cut back more than 75%, the Tier 2 

reduction will exceed the amount of the VDB payable. VDB entitlement, 

therefore, will cause the annuity rate to decrease; or

C. The spouse is vested for an RIB/DIB VDB and a spouse VDB, but only the 

spouse VDB is payable. In this case, the spouse's Tier 2 is reduced for her 

RIB/DIB VDB entitlement. However, the RIB/DIB VDB is not payable because 

the spouse VDB is higher. If the spouse waives her RIB/DIB VDB entitlement, 

Tier 2 will not be reduced and the VDB amount will be the same.

This will only apply to cases in which VDB entitlement was established before 8-13-81. 

Whenever entitlement to an RIB/DIB VDB is waived, the annuitant's Tier 2 is not 

reduced for the VDB. However, the waiver does not affect any other annuity. That 

means that the RRA maximum computation, and the spouse minimum guaranty for a 

widow(er)'s annuity, will be based on Tier 2 after reduction for VDB entitlement.

The effective date of the waiver and other general information is in FOM-I-110.115. If 

the VDB has not been awarded, the waiver may be effective with the VDB date of 

entitlement. If the VDB has been paid, the rules in FOM-I-110.115 apply.

When RBD initiates development in the situations listed in this section, you will receive 

a memorandum which explains the advantages of waiving the VDB. The memo will 

include the annuity rates with and without the VDB, and the effect on annuity payments 

if the VDB is not waived (e.g., an overpayment). You should contact the annuitant to 

explain the advantages of waiving the VDB. Your response to RBD should be:

1. If the annuitant agrees, a clear and unambiguous statement waiving VDB 

entitlement; or

2. If the annuitant does not wish to waive the VDB, notify RBD; or

3. If the annuitant does not respond immediately, notify RBD of the date you 

contacted the annuitant. If VDB has not received a response within 60 days of 

the date of your contact, the VDB will be paid and any overpayment will be 

recovered. An extension of the time for response will be granted if requested.
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320.85 When Vested Dual Benefit Entitlement Ends

Vested dual benefit (VDB) entitlement for a spouse annuitant ends either when her SS 

eligibility ends or when her annuity is terminated.

320.85.1 Spouse Annuity Based on Age

A spouse's VDB entitlement ends with the earliest of the following dates: 

A. The last day of the month before the month in which the spouse dies; or

B. The last day of the month before the month in which the employee dies; or

C. The last day of the month before the month the marriage to the employee 

annuitant is ended. If the marriage is ended by divorce, entitlement ends with the 

month before the month in which the decree of divorce becomes final; or

D. The last day of the month before the month of termination of entitlement to a DIB, 

wife's, or husband's benefit under the Social Security Act.

320.85.2 Spouse with a Child in Her Care

In addition to the events listed in FOM-I-320.85.1, if the spouse VDB is based on having 

a child in care, VDB entitlement ends the last day of the month before the month the last 

child:

A. Is no longer in care; or

B. Marries; or

C. Dies; or

D. Attains age 18 and is not disabled. A spouse may be eligible for continued VDB 

payment if the child age 18 is disabled.

EXCEPTION: The VDB of an annuity awarded under the 1937 RR Act is 

payable until the child attains age 18.

Prior to 9-1-83, the VDB in all cases terminated when the child attained age 18. 

The VDB in a 1974 Act case was terminated 8-31-83 if the child was age 16-18 

and not disabled.

E. Is age 18 or over and is no longer considered eligible based on a disabling 

condition. When a disabled child recovers from disability, the VDB is payable for 

2 months after the month in which the child recovers; OR
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F. VDB entitlement ends the month before the month of termination of the spouse's 

entitlement to an SS benefit based on having in care a child who is entitled to a 

child's SS benefit on the employee's wage record.

NOTE: If the VDB benefit is being paid, it is not terminated when an SS benefit 

is terminated because the spouse becomes entitled to a new type of SS benefit 

still based on her own or the employee's wage record, since the spouse is still 

eligible for an SS benefit. However, if there is a change in the type and rate of 

the SS benefit, and the new benefit is based on either the spouse's or the 

employee's wage record, the VDB benefit will be recomputed even if the change 

in computation is 8-13-81 or later.