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430.5 General 

Prior to the enactment of the 1946 Amendment which provided for payment of monthly 

survivor annuities, an employee could elect to receive a reduced annuity during his 

lifetime in order to provide for the payment of an annuity to his widow(er) after his death. 

An employee's right to such an election, referred to as a joint and survivor (J&S) 

election, ended on 7-31-46. However, elections made prior to 7-31-46 are still effective 

if: 

	 An employee annuity reduced for a J&S election was awarded before 7-31-46, or 

	 An employee annuity reduced for a J&S election began to accrue before 1-1-47 and 

the J&S election was not revoked before 8-1-47, or 

	 An employee annuity reduced for a J&S election began to accrue after 12-31-46 and 

the employee reaffirmed his election sometime between 7-31-46 and 12-31-47. 

NOTE: As of August 1980, only two employees were receiving annuities reduced 

because of a joint and survivor section. 

430.10 Eligibility And Entitlement 

When there is a valid J&S election in effect at the time of an employee's death, a joint 

and survivor annuity is payable to the widow immediately unless: 

	 The employee revoked his election, or 

	 A divorce occurred before the employee's death. 

A widow need not meet any age or "living with" requirement and the employee need not 

be insured under the Railroad Retirement Act at death for a joint and survivor annuity to 

be payable. 

To establish entitlement to a joint and survivor annuity, a widow must file an application. 

430.15 Amount Of Joint And Survivor Annuity 

A joint and survivor annuity is equal to 100%, 75% or 50% of the employee's annuity 

rate, after reduction for the joint and survivor election, in the month before death occurs. 

The percentage is determined by the election option selected by the employee. 

430.20 Evidence Requirements 

The following evidence is required before a joint and survivor annuity can be paid: 

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FOM1 430 

Evidence When Required 

Application Always. Develop AA-21 unless widow is eligible 

for any other survivor benefit; then the application 

filed for the other RR benefit can be used for the 

joint and survivor annuity also. 

Proof of employee's death Always. 

430.25 Annuity Beginning Date 

A joint and survivor annuity begins on the later of the first day of the month in which the 

employee annuitant's death occurs or the day designated by the applicant as the ABD, 

regardless of when the surviving widow files an application. 

430.30 Effect Of Joint And Survivor Annuity On Other RR Benefits 

Entitlement to a joint and survivor annuity in no way affects a widow's eligibility for an 

insurance annuity, LSDP or RLS. 

430.35 Events That Do Not Affect A Joint And Survivor Annuity 

430.35.1 Entitlement to other Railroad Retirement Act benefits 

A joint and survivor annuity is not affected by entitlement to other types of benefits 

under the Railroad Retirement Act. 

430.35.2 Widow's Employment 

A joint and survivor annuity is not subject to deduction for RR employment or excess 

earnings. 

430.35.3 Widow's Remarriage 

A joint and survivor annuity continues to be payable after a widow remarries even when 

remarriage occurs before the annuity is awarded. 

430.40 When Entitlement To A Joint And Survivor Annuity Ends 

A joint and survivor annuity ends with the month before the death of the widow. There 

are no other terminating events. 

Joint and survivor annuity payments due but unpaid at death are payable in the same 

manner as any other accrued survivor annuity. 

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