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405.5 Widow(er) Defined

To qualify for a survivor annuity under the Railroad Retirement Act (RR Act) before 

October 1, 1981, an applicant must have been the unremarried widow(er) of an insured 

employee.

Effective October 1, 1981, amendments to the RR Act establish entitlement for surviving 

divorced wives, surviving divorced husbands and remarried widow(er)s.

Eligibility and entitlement criteria for each type of widow(er) annuity based on age is 

described in this chapter. Unless a section in this chapter specifically refers to a certain 

type of widow(er), any reference to widow(er) applies to all widow(er) annuities 

(unremarried, divorced, remarried).

405.5.1 Legal Widow(er) Defined

Relationship Requirement

The applicant must:

• Be considered as validly married to the employee under the laws of the state of 

the employee's domicile at the time of his death; or

• Have the same rights as a widow(er) to share in the distribution of the employee's 

estate under the laws of the state of the employee's domicile at death.

In some instances it may be possible for more than one person to meet the above 

requirements based on relationships with the same employee; one applicant can meet 

the valid marriage test, and the other can qualify under the inheritance test. When this 

occurs, both widow(er)s may be entitled to an annuity under the RR Act.

Marriage Requirement

The widow(er) must meet one of the following requirements:

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

NOTE: The 9-month requirement is met if the employee was alive on or after the 

9th month recurrence of the calendar day that marks the marriage, e.g., if the 

marriage occurred on February 29, the 9-month period would end on November 

29; if the employee was alive on November 29, the duration of marriage 

requirement is met. That requirement would also be met if the marriage occurred 

on May 30 and the employee was alive on the next February 28 (February 29 in 

a leap year).

2. Can be deemed to meet the duration of marriage requirements.
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General - The 9-month marriage requirement is deemed to be met in the 

following situations:

• The employee's death was accidental; or

• The employee's death occurred in the line of duty while serving on active duty as 

a member of the United States Armed Forces.

Note: The 9-month requirement CANNOT be deemed if at the time of the 

marriage the employee could not have reasonably been expected to live 

for 9 months.

Development of deemed 9-month duration of marriage - An accidental death is 

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

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

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

day on which the employee received such injuries.

Obtain a certified copy of the death certificate or a casualty report from a branch 

of the Armed Forces. Assume that, at the time of marriage the employee was 

reasonably expected to live 9 months unless information obtained in the normal 

course of development indicates otherwise. If such information is obtained that, 

for example, at the time of marriage the employee had an illness, which is 

ordinarily fatal, advice Headquarters of any pertinent information when submitting 

the application and proofs. A final decision on whether the marriage requirement 

has been met will be made in Headquarters.

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

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

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

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

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

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

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

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

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

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

accidental injury may have been a contributing factor, develop fully, including an 

annuity application, and submit to Headquarters for a determination.

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

and then remarried the employee. As long as the previous marriage lasted at 

least 9 months, the length of the subsequent marriage and the life expectancy of 

the employee at the time of that remarriage do not need to be considered.
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4. Be the natural parent of the employee's child (the child must be born alive but 

need not still survive).

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

the child attained age 18.

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

and before the child attained age 18.

7. Have been married to the employee at the time both of them legally adopted a 

child under age 18.

8. Have been entitled or potentially entitled to a widow's, widower's, parent's or 

disabled child's insurance annuity under the RR Act in the month before the 

month of the widow(er)'s marriage.

General - Potentially entitled means that we can presume the filing of an 

application and the attaining of eligibility age for a widow, widower's or parent's 

insurance annuity if the deceased employee had the required status and the 

widow(er) met all other requirements.

For potential entitlement to a disabled child's insurance annuity, only the filing of 

an application can be presumed. All other requirements must actually have been 

met in the month before the month the widow(er) married the employee.

Development - When a widow(er) seeks to qualify under this provision, secure 

the RR claim number and name of employee on whose record (s)he claims 

actual or potential entitlement. If the widow(er) does not know the RR claim 

number, secure the employee's name, date and place of birth, mother's maiden 

name and father's name.

This data should be shown in the "Remarks" section on the annuity application.

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

divorced wife's, divorced widow's or disabled child's insurance benefit under the 

SS Act in the month before the month of their marriage.

General - For the purpose of qualifying under this provision, potentially entitled 

means that we can presume the filing of an application and the attainment of 

retirement age providing the widow(er) actually met all other requirements.

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

only the filing of an application. All other requirements must actually have been 

met in the month before the month of their marriage.

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

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

insurance benefit if widow(er) was actually entitled to an retirement insurance 
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benefit (RIB) or disability insurance benefit (DIB) which equaled or exceeded 

such other benefit. Entitlement to an RIB or DIB cannot be presumed.

Development - When a widow(er) qualifies under this provision secure the SS 

account number of the person on whose record the widow(er) might qualify for 

benefits. If the widow(er) does not know the SS account number, request the 

wage earner's name, date and place of birth, mother's maiden name and father's 

name. This data should be shown in the "Remarks" section on the annuity 

application.

10. Effective with applications filed on or after March 2, 2004, at the time of the 

employee’s death, the employee and widow(er) were married for less than 9 

months because:

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

spouse was institutionalized due to a mental or similar incapacity; and

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

have divorced the prior spouse and married the widow(er), but (s)he did not 

do so because such a divorce would have been unlawful, by reason of the 

prior spouse’s institutionalization, under the laws of the State in which the 

employee was domiciled at the time; and

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

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

spouse’s death.

Field Office Handling – Because of the rarity of these cases, they should be 

referred to Policy and Systems to determine if the widow(er) meets the 9 month 

marriage requirement under this provision. Code the APPLE application for 

manual review and enter in the remarks section that the case is a special 

deemed 9 month marriage case that needs to be forwarded to P&S-RAS for a 

determination. SBD will then refer the case to P&S-RAS.

Since laws vary from state to state, no special preliminary development action 

needs to be taken. Policy and Systems will determine what needs to be 

developed and advise the field office accordingly. However, if the applicant has 

already submitted any materials to support his/her claim, notate the remarks 

accordingly and send those materials to SBD. They will forward those materials, 

along with the APPLE referral, to P&S-RAS.

405.5.2 De Facto (Deemed) Widow(er) Defined

A. General - An applicant may qualify as a widow(er) if the marriage to the 

deceased employee was invalid because:
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• At the time of the marriage there was an impediment arising out of a prior 

marriage, either of the employee or spouse, or its dissolution; or 

• There was a defect in the procedure of the marriage.

B. Relationship requirement - An applicant may qualify as a de facto widow(er) if all 

the following requirements are met:

1. There was a marriage ceremony; and

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

impediment at the time; and

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

time of death. This requirement must be met even if the applicant was 

entitled to a spouse annuity at the time of the employee's death; and

4. At the time of filing, there is no other person who has filed and been found 

entitled to any type of survivor benefit as the legal widow(er).

C. Marriage requirement - In order to qualify for an annuity, a widow(er) must meet 

one of the requirements listed in FOM-I 405.5.1.

NOTE: In some situations, the RRB may recognize a same sex relationship as a 

deemed marriage for purposes of eligibility for widow(er) annuities when the 

railroad employee died before same sex ceremonial marriage became legal in 

the state of domicile and the state does not recognize common-law marriages.

See FOM-I 1581.20.4 for additional information.

405.5.3 Surviving Divorced Spouse Defined

A. General - Effective October 1, 1981 a surviving divorced spouse may qualify for 

an annuity if (s)he meets certain requirements. A surviving divorced spouse is 

precluded from being entitled to an annuity if the legal or de facto widow(er) 

previously elected the residual lump-sum.

B. Relationship requirement - The applicant must be finally divorced from the 

deceased employee.

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

qualify as a legal or de facto widow(er).

C. Marriage requirement - Must have been married to the deceased employee for at 

least 10 years immediately before the date a final divorce was effective. This 

requirement is met if the divorce became final on or after the 10th anniversary of 

their marriage. The 10 year requirement can still be met when the period is 

interrupted by divorce. If the applicant and employee married, then divorced and 

remarried each other again and divorced again, the 10 year requirement can be 
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met if the remarriage took place no later than the calendar year immediately 

following the calendar year of the divorce.

For example: If the applicant and the employee were married 8-9-1945, they 

were divorced 5-22-50, they remarried on 9-15-51 and were divorced again on 

12-1-55; the applicant may qualify as a surviving divorced spouse. The applicant 

meets the 10 year requirement with the appropriate proofs. But, if this 

remarriage took place in 1952 and all other facts above remain the same, this 

applicant could not meet the 10-year marriage requirement. 

(Note: For entitlement 1/1991 or later, a “deemed” marriage satisfies the 10-year 

duration of marriage requirement for divorced spouses.)

A limited divorce (divorce from bed or board) or a preliminary decree of divorce 

(interlocutory decree or decree nisi) is not a final divorce. For further information 

about divorce decrees and related topics, see RCM 4.3.51 and RCM 1.3.80. 

EXCEPTION: A surviving divorced spouse who has a minor (under age 16) or 

disabled, natural or legally adopted child of the deceased employee in her care 

can qualify for a widow(er)'s current insurance annuity (WCIA). The 10-year 

marriage requirement is not necessary for entitlement to a WCIA, but a surviving 

divorced spouse cannot receive a WIA based on age or disability unless (s)he 

meets the 10-year marriage requirement.

405.5.4 Remarried Widow(er) Defined

A. General - Effective October 1, 1981, certain widow(er)s who have remarried can 

qualify for an annuity under the RR Act.

B. Relationship requirement - The applicant must be the widow(er), as defined in 

this chapter, who remarries any time after the employee's death. Once a 

widow(er) has remarried, (s)he is considered a remarried widow(er) for purposes 

of entitlement and payment under the RR Act. A widow(er) who remarries 

permanently loses entitlement to any tier II and vested dual benefit.

C. Marriage requirement - The applicant must meet requirements for a widow(er) as 

defined in this chapter.

405.10 Eligibility And Entitlement

405.10.1 Eligibility and Entitlement Requirements

In addition to being the widow(er) (includes legal, deemed and remarried) or surviving 

divorced spouse of a deceased employee who died completely insured for survivor 

benefits under the 1974 Act (see FOM-I-230.15), an applicant must meet the following 

requirements:

A. Age - The survivor must have attained age 60. 
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NOTE: A person attains a given age on the day preceding the anniversary date 

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

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

65 on February 28, 1990. 

B. One-Half Support 

Before 3-1-77 a widower must have been receiving one-half support from the 

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

After 2-1977, a widower does not have to prove one-half support except for 

payment of a vested dual benefit before 8-13-81 or an employee annuity restored 

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

support requirement must be met.

When proof of support is needed and not filed during the appropriate period, 

submit proof of support along with a statement over the applicant's signature, 

explaining why the proof was not previously furnished. The examiner will 

determine whether the support requirement can be met.

C. Living-With

1. Legal widow(er) - Living-with is not required to qualify a widow(er) for an 

insurance annuity under the Railroad Retirement Act (RR Act).

NOTE: Prior to 11-66, living-with was a requirement for payment of a 

widow(er)'s insurance annuity (WIA). A widow(er) denied a WIA prior to 

11-1-66 on the basis of not living with the employee at death must file a 

new application to establish entitlement to a WIA.

2. De Facto (Deemed) widow(er) - In order to qualify for an insurance annuity 

under the RR Act, a widow(er) must be living in the same household as 

the employee at the time of the employee's death.

3. Surviving divorced spouse - Living-with is not required.

D. Marital Status - Prior to October 1, 1981, a widow(er) who remarried could not 

qualify for an annuity beginning with the month of remarriage. The 1981 and 

1984 amendments to the RR Act provided for the entitlement of certain 

widow(er)s who remarry.

Refer to FOM-I-405.10.2 for additional information about the effect of remarriage 

on continuing annuity eligibility and entitlement.

E. SS Entitlement - The entitlement of a surviving divorced spouse or remarried 

widow(er) to any social security benefit which is greater than the employee's 

death primary insurance amount (PIA), prevents eligibility to a widow(er)'s 

insurance annuity under the RR Act. However, if the social security benefit is 
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smaller than the employee's PIA, but larger than the surviving divorced spouse's 

or remarried widow(er)'s age reduced rate, and the possibility of an age 62 or 

FRA adjusted reduction factor (ARF) exists that could increase the annuity rate 

above zero, the surviving divorced spouse or remarried widow(er) will be entitled 

to a zero annuity rate. Headquarters will process a constructive award and enter 

a call-up for the ARF.

The entitlement of a widow(er) to any social security benefit does not affect 

eligibility; however, such entitlement will affect the tier I amount payable.

F. Application - In order to establish entitlement to a WIA, a widow(er) including a 

surviving divorced spouse or remarried widow(er), who meets the necessary 

eligibility requirements, must file an annuity application. 

Exception: If a widow(er) is in receipt of a survivor annuity (DWIA, WCIA or WIA) 

upon attainment of age 60 or remarriage and there is no break in entitlement, a 

new application is not required to convert the DWIA to a WIA, WCIA to a WIA or 

a WIA to a remarried WIA. Refer to FOM-I-405.30.1 for information on what 

application and proofs should be developed.

405.10.2 Effect of Remarriage on Entitlement

A. Remarriage occurs before entitlement to an annuity

1. Effective 1-1-84 and later:

A non-disabled widow(er) or a non-disabled surviving divorced spouse 

may qualify for an annuity if (s)he remarries:

a. After age 60;

b. More than once after the employee's death provided the last 

marriage occurred after (s)he attained age 60; or 

c. Before age 60, provided the marriage terminates. (The annuity 

cannot begin until the marriage terminates.)

2. Before 1-1-84:

A non-disabled widow(er) could qualify for an annuity if (s)he remarried:

a. After age 60;

b. More than once after the employee's death, provided the last 

marriage occurred after (s)he attained age 60; or

c. Before age 60 and the marriage terminated. (The annuity could not 

begin until the marriage terminated.)
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A surviving divorced spouse could qualify for an annuity if (s)he remarried 

after age 60 provided:

a. (S)he married an individual entitled to a widow(er)'s, mother's, 

father's, parent's or disabled child's benefit under the RR Act or the 

Social Security Act (SS Act); or

b. The marriage to a person not listed in above terminated. (The 

annuity could not begin until the marriage terminated.)

B. Remarriage occurs after entitlement to an annuity

1. Effective 1-1-84 and later.

A non-disabled widow(er) or a non-disabled surviving divorced spouse 

may continue to receive an annuity consisting of only a tier I component if

(s)he remarries : 

a) After the attainment of age 60; or

b) After the attainment of age 50 but before the attainment of age 60 

and (s)he was entitled to a disabled widow(er)’s or disabled 

surviving divorced spouse annuity at the time of remarriage.

Note: A new application is required whenever there is a break in 

entitlement.

2. Before 1-1-84.

a. A non-disabled widow(er) could continue to receive an annuity 

consisting of a tier I component if (s)he remarried after age 60.

b. A surviving divorced spouse could continue to receive an annuity 

provided (s)he married an individual entitled to a widow(er)'s, 

mother's, father's, parent's or disabled child's benefit under the RR 

Act or the SS Act.

c. If the conditions in a. or b. above were not met, the annuity 

terminated. (S)he could not become re-entitled unless the marriage 

terminated.

C. Action Required Upon Notice of a Widow(er)'s Remarriage - SBD should be 

advised immediately of a widow(er)'s remarriage to permit proper adjustment or 

termination action to be taken. If a widow(er)'s annuity entitlement terminates 

upon remarriage, only the date of remarriage and the widow(er)'s new name and 

address are required. Certain additional information will be required when the 

legal or de facto widow(er) can qualify for an annuity as a remarried widow(er) or 

the surviving divorced spouse's annuity entitlement continues. Refer to FOM-I-
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405.30.3 for additional information about development when a widow(er) has 

remarried.

405.10.3 Possible Entitlement/Re-entitlement After Annulment

When a marriage that terminated or prevented entitlement to benefits is annulled, 

payment of widow(er)'s insurance annuity (including a tier II) may be possible if the 

annulled marriage was a void or voidable marriage and, where applicable, no alimony is 

awarded. If a widow(er) inquires about adjustment, reinstatement or entitlement after a 

marriage is annulled, develop as follows:

1. Secure a copy of the annulment decree. If the decree does not state the ground 

for the annulment, secure a copy of the complaint filed in the proceedings.

2. If the widow(er) claims that the marriage is void under state law, but has not been 

annulled by a court, secure a complete statement of facts showing the basis of 

the contention and evidence of the impediment or condition which made the 

marriage void.

3. Secure an application. A new application may not be required in all cases. 

However, due to the diversity in state laws and language used in annulment 

decrees, it is not always easy to determine when a new application is not 

required. All annulment cases are referred to the Bureau of Law for 

determination. For this reason, an application should be secured in every case. 

This will prevent further development and delay if it is determined an application 

is required.

Based on the information secured, a determination will be made by an attorney 

or the General Counsel in Headquarters as to whether an annuity can be paid, 

and if so, from what date.

405.10.4 Widow(er) Remarries Another RR Employee

If a widow(er) who is eligible for a WIA marries an RR employee, (s)he may qualify for 

an annuity as a remarried widow(er) and as a spouse. However, the widow(er) can only 

receive one of the two annuities. Generally, the widow(er) will be paid the higher 

annuity, but (s)he may elect to receive the lesser annuity when a residual lump-sum 

may be involved.

Refer to FOM-I-405.30.4 for development required when a widow(er) remarries and 

there is possible eligibility for a spouse annuity.

405.15 Amount Of A Widow(er)'s Insurance Annuity

This section contains basic information about the components of a widow(er)'s 

insurance annuity. For more detailed information refer to 

FOM-I, Article 10, Computations.
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405.15.1 Widow(er)'s Tier I

A. Gross Tier I

Any widow(er), full retirement age or older on the annuity beginning date, is 

entitled to a tier I component equal to the lesser of:

• 100% of the employee's primary insurance amount (PIA) based on wages and 

compensation and including any delayed retirement credits earned by the 

deceased employee; or

• 100% of the widow(er)'s share of the total maximum family benefit.

EXCEPTION: A surviving divorced spouse always receives 100% of the 

employee's PIA based on wages and compensation because her entitlement is 

not considered in the family maximum.

NOTE: Tier 1 benefits are converted to all NSSEB effective with the month 

(including any part of the month) the beneficiary has been convicted of a criminal 

offense confined in an institution at public expense for more than 30 continuous 

days. See FOM1 150 for more information about criminal activity procedures.

B. Tier I Adjustment For Age Prior to the Year 2000 - A reduction is required in the 

tier I of any widow(er) who is under full retirement age when first entitled to an 

annuity based on age. The reduction is equal to 19/40 of 1% (.00475) for each 

month the widow(er) is under full retirement age on the annuity beginning date, 

and it is the first adjustment made in the gross tier I amount. An aged legal or de

facto unremarried widow(er) is deemed to be age 62 when entitlement begins 

between age 60-62; so the maximum number of reduction months is 36, or 

17.1%. No deeming provision applies to other aged widow(er)s (divorced, 

remarried); their tier I amount is reduced for the actual number of months they 

are under full retirement age on their original annuity beginning date (maximum 

of 60 months, or 28.5%.)

Tier 1 Age Adjustment Effective With the Year 2000 – Beginning in the year 

2000, the eligibility age for a full widow(er)’s insurance annuity will gradually rise 

from 65 to 67. The maximum reduction will ultimately be 20.36% for widow(er)s 

and remain at 28.5% for surviving divorced spouses, remarried widow(er)s, 

disabled widow(er)s, disabled surviving divorced spouses and disabled remarried 

widow(er)s. This change in age reduction does not affect the deeming of age 62 

principles which applied prior to the year 2000. Widow(er)s are deemed to be 

age 62 when entitlement begins between age 60-62. No deeming provisions 

apply to divorced or remarried widow(er)s.

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

beginning date of January 1, 2000 and later, “Full Retirement Age, (FRA) 

replaces age 65 in the calculation of the number of age reduction months.
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The FRA attainment date is determined by the year in which the widow(er) was 

born as follows:

If the widow(er) was born: FRA is:

1-2-1940 through 1-1-1941 65 and 2 months

1-2-1941 through 1-1-1942 65 and 4 months

1-2-1942 through 1-1-1943 65 and 6 months

1-2-1943through 1-1-1944 65 and 8 months

1-2-1944 through 1-1-1945 65 and 10 months

1-2-1945 through 1-1-1957 66

1-2-1957 through 1-1-1958 66 and 2 months

1-2-1958 through 1-1-1959 66 and 4 months

1-2-1959 through 1-1-1960 66 and 6 months

1-2-1960 through 1-1-1961 66 and 8 months

1-2-1961 through 1-1-1962 66 and 10 months

1-2-1962 and later 67

C. Adjusting the Age Reduction for Widow(er)’s Entitled to an SSA DIB.--Under the 

provisions of the Social Security Act, if an age reduced widow(er) is entitled to a 

disability benefit based on her own earnings record, (s)he may be entitled to the 

tier 1 age adjusted rate. If this provision applies, only the amount of the 

widow(er)’s tier 1 which exceeds the amount of the disability annuity is reduced 

for early retirement. 

• This provision applies if the following conditions are met:

• The widow(er)’s annuity is age reduced; and,

• The widow(er) is entitled to a disability insurance benefit (DIB) under the SS Act 

and the date of entitlement is the same as, or earlier than, the OBD; and,

• The DIB PIA is less than the death PIA (increased for DRC’s) or the widow(er)’s 

share of the maximum, if applicable; and,
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• The widow(er)’s tier 1 is not reduced by an additional amount (i.e., PSP or EE tier 

1) which, when added to the SS DIB, exceeds the death PIA; and,

• The OBD is 1/1978 or later

• Attainment of Full Retirement Age

Under the SS Act, a disability insurance benefit is converted to a retirement 

insurance benefit at full retirement age. Therefore, when the widow(er) 

attains full retirement age, the tier 1 age reduction is removed.

• Tier 2

Entitlement to this provision has no effect on the 1981 Act tier 2. 

• RIB Limit

If the employee’s annuity was age reduced, the RIB limit must be considered. 

If the tier 1 age adjusted rate is higher than the RIB limit, either the RIB limit 

amount or 82.5% of the PIA, whichever is greater, becomes the tier 1 age 

adjusted rate. If the RIB limit applies, there is no change in the age reduction 

at full retirement age.

• Notifying the Widow That the Age Adjusted Rate Applies

Code paragraph 504.5 is included on the award letter. It reads as follows:

“Since you are entitled to a Social Security disability insurance benefit, we 

have applied an age reduction to only a portion of your Tier 1. When you 

attain full retirement age, your Tier 1 age reduction will be removed.”

D. Tier I adjustment for employee's RIB limit - When the deceased employee was 

entitled to a reduced age annuity the widow(er)'s annuity tier I amount after any 

adjustment for age is restricted to the amount the employee would have been 

entitled to at SSA based on combined RR and SS earnings.

E. Tier I Benefit Reductions - A widow(er)'s tier I is subject to reduction for 

entitlement to certain other benefits. The tier I is reduced by:

• The amount of any SS benefit to which the widow(er) is entitled;

EXCEPTION: Remarried widow(er)s awarded an annuity prior to 8-12-83 

are not reduced for any social security auxiliary benefit.

• If either the employee or the widow(er) had railroad earnings prior to 1975, the 

net tier I amount of any RR retirement annuity the widow(er) is entitled to if the 

reduction for the employee tier I is first applied on an award with a final voucher 

date of 10-1-88 or later, or the case is reopened 10-1-88 or later;
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• If either the employee or the widow(er) had railroad earnings prior to 1975, the 

tier I amount before age reduction of any RR retirement annuity the widow(er) is 

entitled to through 9-30-88, and the net tier I of any RR retirement annuity the 

widow(er) is entitled to 10-1-88 and later, if the reduction for the employee tier I is 

first applied on an award vouchered prior to 10-1-88;

• If neither the railroad employee nor the widow(er) had railroad earnings prior to 

1975, the tier I of the widow(er)'s annuity will be reduced by the total employee 

annuity to which the widow(er) is entitled (net tier I, net tier II and vested dual 

benefit);

• The amount of any public service pension payable to:

1. Non-dependent widowers who filed for an annuity after 11-30-77;

2. Non-dependent widows who become eligible for a public service 

pension after 11-30-82;

3. Non-dependent surviving divorced wives married to the employee for 

at least 20 years who become eligible for a public service pension after 

11-30-82;

4. Non-dependent surviving divorced spouses married to an employee 

less than 20 years and all non-dependent surviving divorced husbands 

regardless of when they become eligible for the public service pension;

5. Non-dependent remarried widow(er)s who become eligible for a public 

service pension after 11-30-82;

6. Dependent widow(er)s who become eligible for a public service 

pension after 6-30-83;

7. Dependent remarried widow(er)s who become eligible for a public 

service pension after 6-30-83;

8. Dependent surviving divorced spouses who become eligible for a 

public service pension after 6-30-83.

Note: For months prior to 12-1-82, the tier I of a dependent surviving 

divorced wife who was married to the employee for less than 20 years 

and any surviving divorced husband is subject to reduction for a public 

service pension. However, beginning 12-1-82, any reduction is 

removed providing the survivor submits proof of dependency.

The tier I of annuitants subject to a PSP reduction is reduced by 100% 

of the PSP if they first became eligible for the PSP before 7- 1-83. 

Annuitants who became eligible for a PSP 7-1-83 or later are subject to 

a tier I reduction of 66 2/3% of the PSP.
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FOM1 405 Widow(er) Insurance Annuities Revised April 20, 2023 Page 15 of 36

Refer to FOM-I-120.40 for additional information on public service 

pension reduction.

405.15.2 Widow(er)'s Tier II

Only an unremarried, widow(er) is entitled to a tier II. Remarried widow(er)s or surviving 

divorced spouses are not eligible for a tier II. Once a legal widow(er) remarries (s)he is 

no longer eligible for a tier II even if the subsequent marriage terminates.

NOTE: A widow(er) who remarries and the marriage is subsequently annulled may 

again be eligible for a tier II.

A widow(er)'s tier II is equal to 30% of the widow(er)'s tier I after reduction for age and 

any public service pension amount when the widow(er)'s insurance amount (WIA) is 

awarded before 10-1-86 and the employee died or retired before 10-1-81. In all other 

cases, the widow(er)'s tier II is equal to 50% of the employee annuity tier II amount 

computed as of the WIA beginning date. When a widow(er)'s tier II is based on the 

employee's tier II amount, a reduction for age similar to that made in tier I is required.

A widow(er) who is eligible for a tier II may receive an additional tier II amount when a 

spouse minimum guarantee rate applies or when a widow or dependent widower is 

entitled to an RR employee annuity and qualifies for an employee restored amount.

Effective February 1, 2002, a widow(er) who is paid under the 1981 Amendments may 

receive an additional tier II amount called the “Widow(er)’s Initial Minimum Amount”, 

(WIMA). The WIMA guaranty provides that the widow(er)’s annuity will be calculated 

using 100 percent of the tier 2 that would have been used to compute the annuity for the 

deceased employee on the survivor OBD.

405.15.3 Widow(er)'s Vested Dual Benefit

A widow or dependent widower who filed for and was awarded an annuity before 

August 13, 1981 is entitled to a vested dual benefit (VDB) if:

• The annuitant is the unremarried, legal or de facto widow or dependent widower 

of a deceased employee;

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

• The widow(er) was insured at SSA based on his/her own earnings as of 12-31-

74; and

• The VDB date of entitlement is before August 13, 1981.

The VDB is basically a guarantee that annuities for widow(er)s meeting the above 

requirements will not be reduced below the rate they would have received if the 1974 

RR Act were not enacted. Refer to FOM-I-405.75 for additional information about VDB 
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FOM1 405 Widow(er) Insurance Annuities Revised April 20, 2023 Page 16 of 36

entitlement. A surviving divorced spouse or remarried widow(er) cannot qualify for a 

VDB.

The 1981 amendments to the RR Act eliminated new VDB entitlement for widow(er)s 

effective August 13, 1981.

405.20 Annuity Beginning Date

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

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

405.25 Annuity Conversions

There are two types of annuities which may be converted to a widow's insurance 

annuity (WIA): a spouse annuity and a widow(er)'s current insurance annuity (WCIA).

405.25.1 Spouse Annuity in Force when Employee Dies

Spouse annuity payments, including payments to divorced spouses and husbands with 

child(ren) in care, may continue after notice of the employee's death, provided the 

employee died fully insured under the Railroad Retirement Act (RR Act).

A. Spouse annuity payments will continue pending development and award of a 

widow(er)'s annuity if:

• The employee is insured under the RR Act at death (has 120 months of RR 

service or 60 months of railroad service after 1995), and a current connection); 

and

• All information indicates that the spouse is obviously eligible for a WIA; and

• Development necessary for the payment of the WIA is completed within 6 months 

of the employee's death.

When the employee's spouse was receiving an annuity which was reduced for 

entitlement to a spouse's social security benefit based on the employee's 

earnings record, the interim widow(er)'s rate will be adjusted to remove the social 

security offset if she will be eligible based on age.

If the RRB is paying the spouse's social security benefit, the amount of the 

spouse's SS benefit is automatically added onto the spouse's railroad annuity 

rate.

If SSA is paying the spouse's social security benefit, the interim widow(er)'s rate 

cannot automatically increase. The examiner will, however, either pay the 

widow(er)'s annuity within 120 days or manually re-certify the spouse annuity to 

remove the reduction for SS entitlement provided there are no outstanding notdue employee checks.
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In all cases, the spouse annuity payments made after the employee's death are 

deducted from the survivor annuity accrual.

B. Spouse annuity payments will be stopped pending development and award of a 

widow(er)'s annuity if an application is not submitted within 6 months of the 

employee's death.

Effective August 1, 1990, it is no longer necessary for a spouse to file for 

conversion to a WIA. Therefore, the determining factor for the 6-month 

restriction is now the submission of proof of death for the employee.

C. If a widow(er) met all requirements for entitlement to and receipt of a WIA, other 

than the filing of an application or submitting proof of the employee's death, 

spouse annuity payments made to the widow(er) after the employee's death are 

not erroneous. This rule applies regardless of the reason for failure to file and, if 

the widow(er) died, regardless of the date of death.

If the widow(er) dies before the annuity conversion is processed, any difference 

between the WIA amount and the spouse annuity rate being paid at the time of 

the widow(er)'s death would represent an accrued survivor annuity due, but 

unpaid at death. 

405.25.2 Widow(er)'s Current Insurance Annuity (WCIA) in Force When Widow(er) 

Attains Age 60 

When the widow(er) of an employee who died completely insured for survivor benefits 

under the 1974 Act (see FOM-I-230.15) is receiving a WCIA at age 60, the WCIA rate is 

usually paid until one of the following events occurs:

• The widow(er) ceases to qualify for a WCIA; or

• The widow(er) attains FRA; or

• The widow(er) requests to be paid an age reduced widow(er)'s insurance annuity.

It is policy not to initiate conversion of a WCIA to a WIA before one of the above events 

occurs to allow the least possible age reduction in the WIA rate.

A new application is not required when converting a WCIA to a WIA as long as there is 

no break in entitlement. That is, the widow(er) must be entitled to a WIA in the month 

eligibility to a WCIA ceases. If there is any break between the last month of entitlement 

to a WCIA and the first month of WIA entitlement, a new application is required.

NOTE: If a widow(er) is between age 60 and FRA when initially entitled to benefits and 

has care of a minor or disabled child, refer to FOM-I-415.35.

A. Conversion to WIA when widow(er) ceases to qualify for a WCIA
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1. Conversion from a WCIA to a WIA will usually be effective with the first 

month the widow(er) no longer qualifies for a WCIA. An earlier beginning 

date is only advantageous when both the following conditions exist:

• The widow(er) is under age 62 when WCIA entitlement ends; and

• Maximum benefits were not being paid when the WCIA terminated.

2. The claims examiner determines the beginning date for the WIA based on 

information in file. An award is processed and a letter is released advising 

the widow(er) that (s)he has been awarded a WIA and the effective date of 

the award. The letter will also advise the widow(er) that the annuity is 

reduced for months s(he) is under FRA; if s(he) does not wish to receive a 

reduced annuity, s(he) can return the check. A copy of the award letter is 

sent to the servicing field office.

3. If proof of the widow(er)'s age is not in file when the WCIA terminates, the 

field office will be asked to secure proof of age (POA); otherwise, no field 

action is required for the conversion.

B. Conversion to WIA when widow(er) attains FRA

1. When a widow(er) attains FRA, (s)he is paid a WIA regardless of whether 

there are entitled children in the widow(er)'s care. Conversion to a WIA at 

FRA means that the WIA is not reduced for age, and, therefore, the total 

amount of benefits being paid are not reduced. However, the individual 

annuity rates may change when the widow(er) is entitled to a larger share 

of the maximum.

2. An award is processed to pay the widow(er) a WIA, and an award letter is 

prepared notifying the affected beneficiaries of the adjustment. A copy of 

the award letter is sent to the servicing field office.

3. If proof of the widow(er)'s age is not in file, the field office will be asked to 

secure POA; otherwise, no field action is required.

C. Conversion to WIA upon widow(er)'s request - A widow(er) age 60-FRA who is 

receiving a WCIA can be converted to an age reduced WIA upon written request 

over her/his signature, providing acceptable proof of the widow(er)'s age has 

been submitted. The WIA is paid effective with the latest of the following:

• Month an inquiry or request is made; or 

• Month widow(er) attained age 60; or

• Month of the employee's death.

1. Advantages/Disadvantages
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The only situation where it clearly would be to an unremarried, legal or de 

facto widow(er)'s advantage to receive a WIA at age 60 would be when 

the family maximum is not involved and the child upon whom WCIA 

entitlement is based is not disabled and will attain age 18 (16 if WCIA 

entitlement began 9-1-81 or later or child attains age 16 after August 1983 

and WCIA entitlement began under the 1974 Act) before the widow(er) 

attains age 62. When this situation exists, and the widow(er) inquires 

about receiving the WIA, secure a statement over the widow(er)'s 

signature requesting to be paid a WIA. Submit the statement to 

Headquarters for handling.

Whenever the conditions above do not exist, the advantages or 

disadvantages are not obvious. For example, if the family maximum 

applies when the widow(er) is paid as an age reduced widow(er), the WIA 

rate may or may not be higher than the WCIA rate, but the CIA rate will be 

lower than the CIA rate paid when the WCIA was being paid. In some 

instances the total benefits payable may be less when a legal, de facto or 

remarried widow(er) is paid a WIA because the widow(er)'s age reduction 

is computed based on the tier I after adjustment for the family maximum. 

When a surviving divorced spouse is paid a WIA other family members 

are not adversely affected because a WIA payable to a surviving divorced 

spouse is not considered in the family maximum.

EXAMPLE

Death PIA $362.90 Family Maximum $567.30

Entitled Beneficiaries:

Un-remarried, Legal Widow - Age 60

Disabled Child

Rates payable when widow paid a WCIA:

WCIA CIA

Tier I $272.20 Same as WCIA

Tier II 81.66

WCIA Rate $353.86

Total benefits payable: $707.72

Rates payable when widow paid a WIA:

WIA CIA

Gross Tier I $324.20 (100% share) Tier I $243.20 (75% 

share)

Tier I After Age Reduction 268.80 Tier II $ 72.96
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FOM1 405 Widow(er) Insurance Annuities Revised April 20, 2023 Page 20 of 36

Tier II 80.64 CIA Rate $316.16

WIA Rate $349.44

Total benefits payable $666.10

Another consideration would be whether a slight increase now is more 

advantageous than a more substantial increase which could be paid when 

the widow(er) attains FRA or WCIA entitlement ends. In these cases, the 

advantages must be weighed by each widow(er) based on their own 

financial and/or personal circumstances. When the advantage is not 

obvious follow the guidelines listed in the next section.

2. Field action upon receipt of inquiry or request from widow(er) to be paid a 

WIA

a. Advise widow(er) that rate information will be requested; and

b. Encourage widow(er) not to make a formal request for payment of 

the WIA until rate information is secured. Because of many factors 

(family maximum, number of family members, amount of age 

reduction) it may be disadvantageous for a widow(er) to be paid a 

WIA. If a widow(er) insists on being paid the WIA rate after being 

advised of the possible disadvantages, secure a statement from the 

widow(er) requesting that the WIA rate be paid.

Send a memo to BSB advising that the widow(er) is inquiring about 

or requesting payment of the WIA rate. If widow(er) wants to be 

furnished family rates if (s)he is paid a WIA, ask BSB to advise 

rates. Also ask BSB to furnish WIA rate that could be payable (at 

current COL rate level) if the widow(er) waits until the WCIA 

terminates to receive a WIA.

3. BSB handling of field office request

a. Upon request, BSB will compute and furnish rates for all family 

members. After furnishing rate information BSB will not control the 

file for a response.

b. When the widow(er) requests to be paid a WIA without first being 

furnished rate information, BSB will make any necessary 

adjustments to award WIA. The field office will receive a copy of 

the award letter as notification that adjustment has been made.

4. Field action upon receipt of rate information from BSB

a. Contact the widow(er) to furnish and explain rate information.
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FOM1 405 Widow(er) Insurance Annuities Revised April 20, 2023 Page 21 of 36

b. If widow(er) wishes to be paid a WIA, secure a statement over the 

widow(er)'s signature requesting payment. Forward the statement 

to Headquarters.

c. If widow(er) wishes to continue receiving the WCIA no action is 

required.

405.30 Evidence And Development

405.30.1 Evidence Requirements for WIA

Evidence When required

Application Always, unless converting from an MA or WCIA.

a. No longer necessary, if the spouse is not 

caring for a minor or disabled child.

b. Use AA-17 in all other cases provided that 

the applicant is not also applying for 

insurance annuities on behalf of children.

c. When the applicant, regardless of age, is 

also applying for benefits on behalf of 

children, form AA-18 is the appropriate 

application.

Proof of employee's death Always.

Proof of one-half support

(G-134)

Always when dependency is claimed and the 

widower is eligible, or may be eligible in the 

future, for an employee annuity. Also secure 

when a widow(er), surviving divorced spouse, or 

remarried widow(er) claims dependency and 

could be exempt from PSP offset if dependency is 

established.

Proof of widow(er)'s age Always.

Proof of marriage to employee Always.

Widow(er)'s SS account number Always. Request widow(er) to secure one unless 

she resides outside the U.S.
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FOM1 405 Widow(er) Insurance Annuities Revised April 20, 2023 Page 22 of 36

Public service pension 

information (G-208)

Required when indicated by the response on form 

AA-17. Also secure when a widow(er) annuitant 

becomes entitled to a remarried widow(er)'s 

annuity with no break in entitlement, unless the 

widow(er) has been continuously entitled to an 

annuity based on the employee's record since 

before 12-l-77.

Application for substitution of 

payee (AA-5)

Required when a representative payee is newly 

selected.

Documentation for prior service 

(AA-15)

Only when less than 120 months of subsequent 

service can be verified.

Proof of employee's age In “A” cases POA is always required if the 

employee's DOB has not been previously verified

through submission of the employee’s proof of 

birth. Assume DOB has been verified in the 

following situations:

• The employee received an annuity

• The employee filed for and received 

Medicare

• The employee’s POA is on APPLE

Note: If none if the above conditions apply, but 

the AFCS systems indicate that a folder was 

established, the field may first contact RBD to 

verify whether the employee’s POA was 

submitted before obtaining the proof from the 

widow.

Effective 03-01-2004 POA of deceased employee 

is required in all “D” cases when a survivor 

recurring application is filed.

Proof of legal adoption of child Only when widow(er) seeks to qualify on that 

basis

Proof of military service Only when employee's M/S after 1936 would be 

creditable under either the RR or SS Act.
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FOM1 405 Widow(er) Insurance Annuities Revised April 20, 2023 Page 23 of 36

Proof of termination of prior 

marriage

If there is reasonable doubt whether a prior 

marriage of employee or widow(er) was ended 

and the widow(er) cannot qualify as a de facto 

widow(er).

Proof of divorce from employee Always from a surviving divorced spouse.

Proof of remarriage(s) Always from:

• Widow(er)

• Surviving divorced spouse when annuity 

entitlement may continue after remarriage

Proof of termination of 

subsequent marriage(s)

Always from:

• Widow(er) who remarried before age 60

• Surviving divorced spouse who may be 

entitled or re-entitled after a subsequent 

marrieage terminates

Check list - form G-659a Always. Forward original to SBD; retain copy for 

field office file.

405.30.2 General Development

Initiate development for a WIA when:

• The employee was insured under the Railroad Retirement Act at death; and

• A widow(er) survives who meets the eligibility requirements listed in 

FOM-I-405.10.1; and

• An inquiry has been received, or SBD has requested development.

Develop a claim for a widow(er)'s annuity by personal contact if possible, by mail if 

necessary. When practical, arrange by telephone to obtain or develop the application or 

required proofs. When contact is made by telephone or mail be sure to send the 

widow(er) an RB-17 booklet.

RL-55 series letters can be used to ask a prospective applicant to call at a field office, or 

at a specified itinerant point, to receive assistance in filing a survivor application. Form 

letter RL-57B-F may be used to trace and furnish an application to an applicant who 

fails to call at a field office or itinerant point as requested.
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FOM1 405 Widow(er) Insurance Annuities Revised April 20, 2023 Page 24 of 36

When you will not be able to meet with the employee's legal widow(er) who was 

receiving a spouse annuity and a social security benefit based on the employee's 

earnings record that was being paid by SSA, within 30 days of the employee's death, 

develop proof of death, earnings information, etc., by telephone or mail. Call the 

supervisor in the survivor module whenever an interim widow(er) claims hardship 

because SSA terminated her spouse benefit.

In other cases, if it is not possible for an applicant to call at a field office or itinerant 

point, an RL-56 series letter can be used to mail the application. Use the telephone, 

when possible, to complete the application in whole or in part, then mail the application 

for signature of the applicant.

Trace on a request for an application or evidence after 15 days. An RL-57 series letter 

can be used to trace an application. If the application or evidence is not submitted within 

30 days of the tracer action, and there are no apparent extenuating circumstances, 

abandon development. Notify the Survivor Benefits Division (SBD) when you abandon 

development in cases where an application has been submitted or when SBD is 

expecting reports on development.

A. Development of Wage Record (G-90) - Field offices should request SURGE 

On-Line wage records in cases where the employee died some time ago, the 

widow(er) or other beneficiary is now entitled or re-entitled, and a FAST First 

Notice of Death entry is not being completed. See RCM 9.11 for instructions on 

completing SURGE screens. (A FAST FNOD will automatically initiate a SURGE 

G-90 request.)

If the application is paid by headquarters, the procedure in the above paragraph 

will ensure the wage record is available by the time the application is received. 

NOTE: If unable to request a survivor wage record during the application 

process, notate specifying the reason in the remarks section of Form G-659a.

B. Development of P/S - It may be necessary in some cases to develop for P/S 

because as a part of the requirements for an insured status under the RR Act, 

the employee must have had 120 months of creditable service. Develop 

information with respect to P/S as follows:

1. When an application is received by mail, assume that no P/S was 

performed if the deceased employee was born after 1921. For any other 

case in which the employee had less than 120 months of service after 

1936, develop Form AA-15 to claim his P/S, if any, unless he had been 

awarded a retirement annuity before he died.

2. In some cases, SBD will release Form G-659a to request a field office to 

develop Form AA-15 from a survivor of the employee when less than 120 

months has been verified.
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3. When Form AA-15 is used with a survivor claim, modify the form by 

inserting in the text in the upper right corner between the words "your" and 

"railroad," the word "deceased" followed by the relationship borne by the 

deceased employee to the person who is completing the Form AA-15 as 

"deceased husband's," "deceased wife's."

C. Development of POA - POA is required of an applicant for a widow(er)'s 

insurance annuity.

When a widow(er) filing an application believes that POA has been previously 

submitted, so state on form G-659a. In such a case, do not request further 

evidence of age unless SBD has requested field development and has not shown 

that POA was previously submitted, or unless SBD has requested that POA be 

obtained. If the application has been forwarded to SBD before the applicant 

advises that POA was previously furnished, inform SBD by memorandum of the 

applicant's statement.

405.30.3 Developing From Widow(er) Who Has Remarried

Certain widow(er)s can qualify or continue to qualify for an annuity after remarriage. The 

following widow(er)s can receive an annuity after remarriage:

• A widow(er), a surviving divorced spouse or a remarried widow(er) who remarries 

after age 60. Before 1-84, entitlement was lost unless the marriage was to an 

individual entitled to RR or SS benefits as a widow(er), parent, father, mother or 

disabled child.

• A widow(er), a surviving divorced spouse or a remarried widow(er) receiving a 

DWIA who remarries after age 50 and after the disability onset date. Before 1-84, 

the marriage must have been to an individual entitled to RR or SS benefits as a 

widow(er), parent, father, mother, or disabled child.

• Any surviving divorced spouse or remarried widow(er) whose marriage has 

terminated.

A. Action when widow(er) is in receipt of an annuity at time of remarriage.

1. Use FAST/ST to terminate the annuity of a widow(er). The effective date is 

the month of remarriage. The termination code is 44.

2. Do not terminate a remarried widow(er) or a surviving divorced spouse 

annuity.

3. If a widow(er), remarried widow(er) or a surviving divorced spouse 

marries and entitlement will continue, develop as follows:

• After the widow(er)’s annuity has been terminated, send an e-G-115 to 

SBD per current procedure. As a heading use WIDOW TO RW 
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FOM1 405 Widow(er) Insurance Annuities Revised April 20, 2023 Page 26 of 36

CONVERSION - HANDLE IMMEDIATELY. The following information 

must be:

• The employee’s name

• The employee’s claim number

• The widow(er)’s new name and address 

• The date of remarriage

• The date the termination was processed

• The new spouse’s SS number

• Proof of remarriage must be secured. When you have the proof, enter 

the remarriage information on APPLE.

Advise widow(er) who is receiving a full WIA (tier I, tier II, and possibly a 

vested dual benefit) that any annuity payment received after remarriage 

that has not been returned may result in an overpayment due to the 

adjustment that is required in her annuity rate since she is no longer 

eligible for a tier II or vested dual benefit amount. A surviving divorced 

spouse or remarried widow(er) who is only receiving a tier I amount before 

remarriage needs to be advised there may be a change in the annuity 

rate, if the widow applies for Social Security benefits on the earnings 

record or his/her new spouse.

B. With the exception of the date the termination was processed continue to send 

the above information for a surviving divorced spouse or remarried widow(er) on 

a G-115. As their benefits are not terminated, an e-mail is unnecessary.

C. Development when widow(er) not receiving an annuity when remarriage occurs.

Secure information from the widow(er) to determine whether she can qualify for 

an annuity. Basically, a remarried widow(er) can establish initial entitlement to an 

annuity only if the marriage(s) since her marriage to the deceased employee 

have terminated, or if the latest marriage occurred after she attained age 60.

1. If the widow(er) cannot qualify for an annuity, advise her of the eligibility 

requirements and explain why she does not meet those requirements. 

Further advise the widow(er) that she cannot qualify for an annuity unless 

her marriage terminates. Do not develop an application.

2. If it appears the widow(er) can qualify for an annuity, develop the following 

information and evidence:

• Application (AA-17);
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• Proof of the widow(er)'s age;

• Proof of the widow(er)'s marriage(s) after marriage to the deceased 

employee;

• Proof of termination of marriage(s) after marriage to the deceased 

employee; 

• Public service pension information if indicated by the response on the 

AA-17

Submit all the above information to SBD via form G-626 

405.30.4 Developing From Widow(er) Who Remarries A Railroad Employee 

Annuitant

A widow , or remarried widow(er) who marries a railroad employee and meets the 

entitlement requirements for a spouse annuity may qualify as a remarried widow(er) or a 

spouse, but can be paid only one type of annuity. Normally, she will receive the higher 

of the annuities payable. However, it may be to a widow(er)'s advantage to elect the 

lesser annuity because of an RLS that would be payable, or to permit payment of 

greater total benefits to the family group. More information regarding the election of a 

lesser annuity can be found in FOM-I-405.55.2. 

A. Development when widow(er) is in receipt of an annuity at time of remarriage - If 

the widow(er) may immediately be entitled as a spouse, develop for a spouse 

annuity as usual. Proof of the spouse's age need not be secured as it can be 

taken from the widow(er)'s annuity file.

Complete a form G-230; however, do not enter a SPAR rate. Transmit the AA-3 

and proofs via form G-115a to the survivor Mod responsible for the survivor 

annuity. Advise on the G-115a that the widow(er) has married a railroad 

employee annuitant and that a spouse annuity application and proofs are 

attached.

SBD will request the retirement file and have the remarried widow(er) and/or 

spouse annuity rates computed. WIA payments that include a windfall and/or tier 

II amount will be suspended pending action to determine whether spouse or 

remarried widow(er)'s annuity will be paid. Headquarters will award either a 

remarried widow(er) or spouse annuity and advise the annuitant appropriately. 

Any WIA overpayment for months after remarriage will be recovered from the 

remarried widow(er) or spouse annuity payments.

B. Development when widow(er) is not in receipt of an annuity at time of remarriage

- If a widow(er) at the time of filing can qualify as a remarried widow(er) on one 

account and as a spouse on another account develop for both annuities. 

Transmit both applications to the appropriate survivor Mod in a single packet. 
FOM1 405

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Complete a G-230 for the AA-3 and a G-659a for the AA-17 with a G-115a used 

as a cover memo. In the cover memo explain multiple eligibility and request 

payment of most advantageous annuity rate.

Note: In either A or B above if it can be determined based on information in the 

F/O which annuity will be payable develop only for that annuity. However, if any 

doubt exists as to which type of annuity will produce the higher rate, develop for 

both annuities.

405.35 Reduction For Public Service Pension

Refer to section 120.40 of the FOM for all public service pension information.

405.40 WIA Rate Is Zero

A widow(er)'s insurance annuity (WIA) rate can be reduced to zero when a widow(er) is 

not entitled to a tier II or when a widow(er)'s tier II is zero. In the following situations the 

WIA rate will be zero:

• A widow(er) who is not eligible for a tier II component is entitled to other benefits 

that are deductible from tier I and which exceed the widow(er)'s tier I amount; or

• A widow(er) who is subject to a public service pension reduction is entitled to a 

pension which exceeds the tier I amount, and the widow(er)'s annuity is awarded 

before 10-1-86 and the employee died or retired before 10-1-81. The WIA rate is 

zero in this case because the tier II of a WIA awarded before 10-1-86 where the 

employee retired or died before 10-1-81 is 30% of the widow(er)'s tier I after 

reduction for age and any public service pension. Consequently, if the 

widow(er)'s tier I is wiped out by a public service pension, the tier II would also be 

zero.

The l981 amendments to the Railroad Retirement Act changed the computation of a 

widow(er)'s tier II. The change prevents the tier II of a WIA from being zero because it is 

now based on the employee's tier II and is not reduced for anything other than a 

widow(er)'s age. A 1981 tier II applies in cases where the employee did not retire or die 

before 10-1-81 and in all annuities awarded after 9-30-86.

If an age reduced remarried widow(er) or surviving divorced spouse is entitled to other 

benefits which reduce the annuity to zero, and the possibility of an adjusted reduction 

factor (ARF) exists, Headquarters will code the case for call-up at age 62 nd/or 65 to 

see if the ARF will increase the rate above zero.

405.40.1 Payment of a RLS When Annuity Rate is Zero

When the WIA rate of other than a surviving divorced spouse is zero, and no other 

beneficiaries are or will be entitled to monthly benefits, the residual lump-sum (RLS) can 

be paid to the widow(er) provided the widow(er) is otherwise entitled to the RLS (i.e. 
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widow(er) living with employee at death and employee did not designate a beneficiary 

for RLS other than the widow(er)). Payment of the RLS in such a situation does not 

affect the widow(er)'s eligibility for Medicare coverage at RRB. The widow(er) continues 

to be considered a qualified annuitant for Medicare purposes.

405.45 More Than One Person Claims Benefits As Legal Widow(er)

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

claim must be resolved under applicable state law. (See Article 9, Proofs, "MarriageDivorce," for details on such cases.)

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

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

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

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

Louisiana, and Minnesota (see Article 9, Appendix D - Common-Law and Similar 

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

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

death. When a putative marriage is claimed, headquarters will obtain a legal decision in 

the case.

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

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

widow(er). In this situation, both widow(er)s will be paid. The deemed widow(er) is paid 

within the tier 1 family maximum and the legal widow(er) is paid outside the tier 1 family 

maximum. Both the legal widow(er) and the deemed widow are paid within the tier 2 

maximum. 

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

as explained FOM 405.65. 

405.50 Work Restrictions

405.50.1 Restricted Employment

A WIA is not payable for any month the widow(er) works for an employer covered by the 

RR Act. There are no other restrictions in the type of employment in which a widow(er) 

may engage.

405.50.2 Earnings Restrictions

The annuity of a widow(er) who will attain full retirement age during the year will lose $1 

for every $3 of excess earnings over the annual exempt amount. However, only the 

earnings through the month before the month of attainment will be counted. Once the 

widow(er) attains full retirement age, there is no further deductions for earnings. A 

widow(er) under full retirement age is subject to a $1 for $2 deduction for excess 
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earnings over the annual exempt amount. Refer to Article 11 for more detailed 

information regarding survivor annuity work deductions.

405.55 Widow(er) Entitled To Other RR Act Annuity

405.55.1 Entitled to RR Act Retirement Annuity

A widow(er) may receive both a widow(er)'s insurance annuity (WIA) and a retirement 

annuity under the Railroad Retirement Act (RR Act), but the tier I of the WIA must be 

reduced by:

a. The net tier I of the RR retirement annuity if the reduction for the employee tier I 

is first applied on an award with a final voucher date of 10-1-88 or later, or the 

case is reopened 10-1-88 or later.

b. The tier I amount after any social security reduction, but before age reduction of

any RR retirement annuity the widow(er) is entitled to through 9-30-88, and the 

net tier I of any RR retirement annuity the widow(er) is entitled to 10-1-88 and 

later, if the reduction for the employee tier I is first applied on an award 

vouchered prior to 10-1-88.

In many cases, an "employee restored amount" is payable in tier II which may in 

part restore the reduction made in a widow(er)'s tier I.

An unremarried legal widow or dependent widower is eligible for the employee 

restored amount computation if:

• The widow or dependent widower is entitled to an employee annuity; and

• Either the widow(er) or the deceased employee completed 10 years of RR 

service before 1-1-75.

The employee restored amount is not payable if both the widow(er) and the 

deceased employee started railroad service after 1974. In addition, the full 

amount of the survivor annuity is reduced by the full amount of the employee 

annuity.

Surviving divorced spouses and remarried widow(er)s are not eligible for an 

employee restored amount computation.

405.55.2 Entitled to RR Act Spouse Annuity and/or Other Survivor Insurance 

Annuity

A widow(er) may not receive more than one survivor annuity, or both a survivor and 

spouse annuity; normally, (s)he will receive only the highest of the annuities payable. It 

may be to a widow(er)'s advantage to elect to receive a lesser annuity because of an 

residual lump-sum (RLS) that would be payable on the other record, or to permit 

payment of greater benefits to the family group. 
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A. Election of lesser annuity - The election to receive a smaller annuity is revocable. 

A signed statement by the applicant is sufficient proof of election. This differs 

from an election to receive an RLS, which is an irrevocable election and must be 

made on Form G-126.

Headquarters will determine when an election should be solicited. If it appears 

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

examiners will release a memo to the field office relating the facts of the case 

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

annuity, the district office will be asked to secure a signed statement that 

establishes that the widow(er) is aware of electing the smaller benefit.

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

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

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

intend to revoke it. A G-126 election form is not needed.

B. Revocation of election - If the annuitant later changes his mind and withdraws his 

election of the smaller annuity, the RLS must be recovered from the larger 

annuity. No annuity would be payable until the RLS is recovered.

C. LSDP entitlement - A lump-sum death payment is not payable on the account 

that the annuity is not paid on, because there is eligibility to a monthly benefit, 

whether or not it is paid.

405.60 RLS Previously Paid

405.60.1 Widow(er) Elected RLS

A WIA is not payable if the widow(er) previously elected and was awarded the residual 

lump-sum (RLS). The fact that the widow(er) elected the RLS prevents the payment of a 

widow(er)'s insurance annuity (WIA) since the election of that payment was an 

agreement by the widow(er) to give up rights to future benefits under the Railroad 

Retirement Act (RR Act). In addition, an annuity is not payable to a surviving divorced 

spouse if the widow(er) has elected the RLS because payment of the RLS based on an 

election prevents payment of further benefits based on railroad earnings. In such cases, 

however, the widow(er) may qualify for an annuity at the Social Security Administration 

if the employee was insured under the Social Security Act solely on the basis of wages.

EXCEPTION: If a remarried widow(er) filed a modified election (employee was insured 

based on wages only) to receive the RLS, (s)he may be paid a remarried widow(er)'s 

annuity. However, the RLS must be recovered before the annuity can be paid.
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405.60.2 RLS Paid Without An Election

If the widow(er) received the RLS without electing it (because (s)he could not qualify for 

a WIA under the RR Act at that time), (s)he may receive a WIA if otherwise qualified. 

However, the RLS must be recovered from the WIA.

EXAMPLE: A widow born 10-12-16 was not living with the employee at the time of his 

death in 8-1966. Since living with was required for a WIA before 11-1-66, she could not 

qualify for a WIA. However, since she was also the designated beneficiary of the RLS 

she was paid the RLS. In 10-1976, she files for a WIA as a "not living with" widow. Her 

WIA beginning date is 10-1-76 (month age 60). However, before she can actually 

receive her annuity, the RLS must be recovered.

If the RLS was paid to someone other than the widow(er), the RLS is not recovered. 

Also, if only a portion of the RLS was paid to the widow(er), only the amount of the RLS 

actually paid to the widow(er) would be recovered from the widow(er)'s annuity.

405.60.3 Widow(er) Waived Future Eligibility To Permit Payment of RLS

An annuity is not payable to a widow(er) who waived future annuity eligibility to permit 

payment of the RLS to eligible person(s).

405.65 When Entitlement Ends

A widow(er)'s insurance annuity (WIA) ends with the month preceding the month in 

which:

• the widow(er) dies;

• the widow(er) remarries;

NOTE: The annuity of a widow(er) terminates upon remarriage; but the widow 

can qualify for remarried widow(er)'s insurance annuity. Refer to FOM-I-405.10.2. 

• the surviving divorced spouse remarries before 1-1-84, unless (s)he marries an 

individual entitled to benefits under the Railroad Retirement Act (RR Act) or 

Social Security Act as a widow(er), father, mother, parent or disabled child. 

Beginning 1-1-84, entitlement continues when a surviving divorced spouse 

annuitant remarries;

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

RR Act which is greater than the WIA;

• the remarried widow(er) or surviving divorced spouse becomes entitled to a 

retirement insurance benefit which equals or exceeds the deceased employee's 

primary insurance amount;
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• the remarried widow(er) or surviving divorced spouse becomes entitled to any 

social benefit or combination of social security benefits which zero out the annuity 

rate and no possibility of an adjusted reduction factor exists.

Prior to 1-1-91, the deemed widow(er) lost entitlement if another individual was found to 

be the legal widow(er). The last month of the deemed widow(er)’s entitlement was the 

month prior to the month in which an authorizer approved the legal widow(er)’s award.

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

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

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

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

entitlement to a deemed marriage.

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

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

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

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

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

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

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

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

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

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

405.75 Windfall (Vested Dual Benefit) Entitlement

405.75.1 General

Under the 1937 Railroad Retirement Act (RR Act), all survivor annuitants could receive 

both RR and SS benefits (dual benefits) without restriction as long as they met all of the 

eligibility requirements under each Act and filed a timely application for each benefit. 

Under the 1974 RR Act, the only survivor annuitants who may receive the full amount of 

these dual benefits are legal or de facto widows and dependent widowers, and this is 

only if they are "dually vested" as of 12-31-74, on the rolls as of 8-13-81, and windfall 

(vested dual benefit - VDB) entitlement began before 8-13-81.

A widow(er) was dually vested as of 12-31-74 if (s)he was on our rolls on 12-31-74 with 

an SS insured status on that date, or if (s)he had sufficient quarters for a fully insured 

status under the SS Act as of 12-31-74, and the employee had at least 10 years of RR 

service before 1-1-75. In the case of a widow(er) receiving a disability insurance benefit 

(DIB) at the Social Security Administration (SSA), this vested status determination 

could, at times, depend upon whether (s)he qualified for a disability freeze.
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405.75.2 Widow(er) on the Rolls on 12-31-74

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

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

date, were preserved.

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

Act is also entitled to a VDB. A widow(er) is transitionally insured if (s)he attained age 

72 prior to 1969 and is not insured at SSA under the regular rules, but has at least 3 

quarters of coverage (QCs).

405.75.3 Widow(er) on the Rolls After 12-31-74

A widow(er) who came on the rolls after 12-31-74 is vested for a VDB computation if the 

following requirements are met:

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

• The widow or dependent widower had a permanently or transitionally insured 

status under the SS Act as of 12-31-74; and

• The widow or dependent widower was entitled to the VDB before August 13, 

1981.

NOTE: A non-dependent widower whose annuity beginning date (ABD) is 3-1-77 or 

later is not entitled to a VDB because the VDB is based on the RR annuity payable on 

12-31-74 and no such benefit was payable to this class of beneficiaries on that date.

A. Definition of Permanently Insured Status, 1974 Act - The widow(er) must be 

permanently or transitionally insured under the SS Act on 12-31-74 to be entitled 

to a VDB. The 1974 act defines the widow(er) to be permanently insured if (s)he 

is fully insured solely on the basis of QCs from SS earnings acquired before 1-1-

75 when (s)he attains age 62.

405.75.4 VDB Date of Entitlement

The VDB date of entitlement is the earlier of the month and year the widow or 

dependent widower:

• Attains age 62; or

• Becomes entitled to a DIB at SSA.

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

• The widow's ABD, if the case was initially paid under the 1974 act; or
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• 1-1-75, if the case was initially paid under the 1937 act and converted to the 1974 

act computation.

NOTE: The survivor VDB was a guarantee that the annuity of an eligible vested 

widow or dependent widower would not be less than the widow(er) would have 

received had the 1974 RR Act not been enacted. A widow(er)'s annuity computed 

under the 1974 RR Act should always be higher than the same annuity computed 

under the 1937 RR Act until there is a reduction required because of entitlement to 

other benefits. Consequently, the VDB computation was not made until the 

widow(er) actually became entitled to an SS retirement insurance benefit/DIB.

405.75.5 Cost-of-Living Increase

VDB benefits are frozen at the 1974 benefit levels. However, they are initially increased 

by the cumulative percentage of the cost-of-living increases that occur in the period 

from 1-1-75 to the later of the widow's SS RIB/DIB date of entitlement or the widow(er)'s 

insurance annuity ABD, but not after 6-1-81.

405.80 When Entitlement To A Windfall Benefit Ends

Windfall dual benefit payments end with the month in which:

• The widow(er) dies; or

• The widow(er) remarries; or

• The legal widow(er) becomes entitled and a de facto widow(er) is on the rolls (the 

last month of the de facto widow(er)'s entitlement is the month before the month 

in which headquarters approves the legal widow(er)'s award even though the 

legal widow(er) may be entitled for earlier months); or

• The SS DIB is terminated. When a widow(er)'s DIB terminates, entitle- ment to 

the WF ends effective with the month and year that SSA term- inates the DIB, IF 

the widow(er) is not permanently insured on l2-3l-74 without a disability freeze, or 

the widow is permanently insured on l2-3l-74 without a disability freeze but is 

under age 62 when the DIB terminates.

NOTE: The WF benefit is not terminated when one SS benefit is terminated 

because the annuitant becomes entitled to a new type of SS benefit (e.g., RIB to 

WIB) or if the widow becomes entitled to a different type of RR widow's annuity (i.e., 

WCIA to WIA or DWIA). Furthermore, there is no provision to recompute the WF 

when the type of benefit changes at SSA or at RRB.