45 U.S.C. § 231d — Annuity beginning and ending dates

submitted 91 years ago by Pub. L. 93-445 to r/title-45-RAILROADS · 2,404 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets when railroad retirement annuities start and stop. Payments usually begin the month you first qualify, though several rules can delay that. Annuities end when you die, remarry, or otherwise stop meeting the rules, with special rules for missing people.

(a) Annuities under section 231a of this title In general, your annuity starts the month you first become eligible for it. But several limits can push the start date later: It never starts before the date you specified in your application. If you're applying for a disability annuity under section 231a(a)(1)(iv) or (v), or a disability-based widow's or widower's annuity under section 231a(d)(1)(i), it can't start before the later of: the sixth month after your disability began, or the twelfth month before you filed your application. For other annuities under section 231a(a)(1), 231a(c), or 231a(d) not covered by that disability rule, it can't start before the latest of: six months before you filed; the month you filed, if starting earlier would cost you more in an age reduction (unless starting earlier lets a spouse annuity that isn't age-reduced be paid sooner); the day after your last day of paid railroad work, for retirement or spouse annuities; or the first day of the first full month you met the age requirement, for retirement or spouse annuities. For certain annuities to a divorced spouse or a surviving divorced mother (sections 231a(c)(4) and 231a(d)(1)(v)), it can't start before the month it would start if two specific Social Security Act rules about deemed divorce and deemed widowhood applied here. The extra vested-dual-benefit amounts under section 231b(h)(1) or (h)(2) can't be paid for any month before the month you'd be entitled to an old-age or disability Social Security benefit if you applied for one; the amounts under 231b(h)(3) or (h)(4) can't be paid before the month you'd be entitled to a Social Security wife's, husband's, widow's, or widower's benefit if you applied. The extra amounts for a spouse under section 231c(e)(1) or (e)(2) can't be paid before the month the spouse would be entitled to an old-age or disability Social Security benefit if they applied; the amount under 231c(e)(3) can't be paid before the month the spouse would be entitled to a wife's or husband's Social Security benefit if they applied. When the Railroad Retirement Board figures the amounts described in sections 231b(a), 231c(a), and 231c(f), it uses these same start-date rules to decide when the matching Social Security benefit is treated as having begun. (b) Applications for payment You must apply for any payment under this law in whatever form and manner the Board requires. If you apply for an employee, spouse, or divorced-spouse annuity based on a worker with fewer than ten years of service, your application also counts as an application for any Social Security benefit you might be owed under section 202(a), (b), or (c). If the worker instead has ten or more years of service, your application counts as an application for any benefit you might be owed under this law or under Social Security Title II — unless you say otherwise. Someone who had a disability annuity under section 231a(a)(1)(iv) or (v) the month before reaching Social Security's "retirement age" is automatically treated as having applied, that same day, for the regular annuity under section 231a(a)(1)(i). A widow or widower who had a disability annuity under section 231a(d)(1) the month before turning 60 is automatically treated as having applied, that same day, for the age-based annuity instead. (c) When entitlement ends (1) A worker's entitlement to a regular retirement annuity (section 231a(a)(1)(i), (ii), or (iii)) or to a supplemental annuity ends with the month before the month they die. (2) A worker's entitlement to a disability annuity under section 231a(a)(1)(iv) or (v) ends on whichever comes first: the last day of the second month after they stop being disabled, the last day of the month before they reach Social Security's "retirement age," or the last day of the month before they die. (3) A spouse's entitlement under section 231a(c) ends on whichever comes first: the last day of the month before the spouse or the worker dies, before they get an absolute divorce, or — for a wife who doesn't otherwise qualify by age or years married — before she stops caring for a qualifying child. A divorced wife's entitlement ends the month before she or the worker dies, or before she remarries. (4) A widow or widower's age-based annuity under section 231a(d)(1)(i) ends the month before they die or the month before they remarry after the worker's death, whichever comes first. (5) A widow or widower's disability-based annuity under section 231a(d)(1)(i) ends at the earliest of: the month before they die, the month before they remarry, the second month after they stop being disabled, or the month before they turn 60. (6) A widow's annuity under section 231a(d)(1)(ii), based on caring for a child, ends the month before she dies, remarries, or stops caring for that child — whichever comes first. (7) A child's annuity under section 231a(d)(1)(iii) ends at the earliest of several events: the child dies; the child marries; the child turns 18 and doesn't qualify as a student or as disabled; the child stops being a full-time elementary or secondary student, or turns 19, without qualifying some other way; or the child recovers from a disability, two months later, without qualifying some other way. A child whose benefit ended because they recovered from a disability can reapply if they become disabled again. A child whose benefit ended at 18 can become entitled again, without a new disqualifying event, once they again meet the student or disability rules — but only after filing a new application. (8) A parent's annuity under section 231a(d)(1)(iv) ends the month before the parent dies or remarries after the worker's death, whichever comes first. (9) No annuity is paid for the calendar month someone dies. If an annuitant disappears, no annuity is paid for any month until the Board is satisfied the person was still alive that month. But there are special rules for this: if a worker with a current railroad-industry connection disappears, the worker is treated, for survivor-benefit purposes, as having died the month they disappeared. If a worker without that current connection disappears, they're treated as still alive for spouse-benefit purposes unless their death is proven or the spouse's annuity otherwise ends. If someone thought to have died is later found alive, any survivor benefits paid for the months they were wrongly presumed dead must be paid back, minus what a spouse's annuity would have been for those months. For all these purposes, if someone has been missing and unexplained for at least seven years, the law presumes they died — in the month they disappeared.

the actual law source: uscode.house.gov ↗public domain

(a) Annuities under section 231a of this title

Subject to the limitations set forth below, an annuity under section 231a of this title shall begin with the month in which eligibility therefor was otherwise acquired, but—

(i)

not earlier than the date specified in the application therefor;

(ii)

in the case of an applicant otherwise entitled to an annuity under paragraph (iv) or (v) of section 231a(a)(1) of this title or under section 231a(d)(1)(i) of this title on the basis of disability, not earlier than the later of (A) the first day of the sixth month following the onset date of the disability for which such annuity is awarded or (B) the first day of the twelfth month before the month in which the application therefor was filed;

(iii)

in the case of an applicant otherwise entitled to an annuity under section 231a(a)(1), 231a(c), or 231a(d) of this title where paragraph (ii) does not apply, not earlier than the latest of (A) the first day of the sixth month before the month in which the application therefor was filed, (B) the first day of the month in which the application therefor was filed if the effect of beginning such annuity in an earlier month would result in a greater age reduction in the annuity, unless beginning the annuity in the earlier month would enable an annuity under section 231a(c) of this title which is not subject to an age reduction to be payable in such earlier month, (C) in the case of an applicant otherwise entitled to an annuity under section 231a(a)(1) or 231a(c) of this title, the date following the last day of compensated service of the applicant, or (D) in the case of an applicant otherwise entitled to an annuity under section 231a(a)(1) or 231a(c) of this title, the first day of the first month throughout which the applicant meets the age requirement for the annuity applied for;

(iv)

in the case of an applicant otherwise entitled to an annuity under section 231a(c)(4) or (d)(1)(v) of this title, not earlier than the month an annuity would begin to accrue to such individual under such section if section 202(j)(1) and section 202(j)(4) of the Social Security Act [42 U.S.C. 402(j)(1), (4)] were applicable to this subchapter.1

(v)

an annuity amount provided by section 231b(h)(1) or 231b(h)(2) of this title shall not be paid to an individual otherwise eligible therefor for any month before the month such individual would be entitled, upon filing an application therefor, to an old-age insurance benefit or a disability insurance benefit under title II of the Social Security Act [42 U.S.C. 401 et seq.] and an annuity amount provided by section 231b(h)(3) or section 231b(h)(4) of this title shall not be paid to an individual otherwise eligible therefor for any month before the month such individual would be entitled, upon filing an application therefore,2 to an insurance benefit as a wife, husband, widow, or widower under title II of the Social Security Act;

(vi)

an annuity amount provided by section 231c(e)(1) or 231c(e)(2) of this title shall not be paid to a spouse otherwise eligible therefor for any month prior to the month such spouse would be entitled, upon filing an application therefor, to an old-age or disability insurance benefit under title II of the Social Security Act [42 U.S.C. 401 et seq.]; and

(vii)

an annuity amount provided by section 231c(e)(3) of this title shall not be paid to a spouse otherwise eligible therefor for any month prior to the month such spouse would be entitled, upon filing an application therefor, to a wife’s or husband’s insurance benefit under title II of the Social Security Act [42 U.S.C. 401 et seq.].

For the purpose of determining annuity amounts provided under sections 231b(a), 231c(a), and 231c(f) of this title, the provisions with respect to the beginning dates of annuities set forth in this subsection shall be deemed to govern the beginning dates of monthly benefits provided under the Social Security Act [42 U.S.C. 301 et seq.].

(b) Applications for payment

An application for any payment under this subchapter shall be made and filed in such manner and form as the Board may prescribe. An application filed with the Board for an employee annuity, spouse annuity, or divorced spouse annuity on the basis of the employment record of an employee who will have completed less than ten years of service shall be deemed to be an application for any benefit to which such applicant may be entitled under this subchapter or section 202(a), section 202(b), or section 202(c) of the Social Security Act [42 U.S.C. 402(a), (b), (c)]. An application filed with the Board for an annuity on the basis of the employment record of an employee who will have completed ten years of service shall, unless the applicant specified otherwise, be deemed to be an application for any benefit to which such applicant may be entitled under this subchapter or title II of the Social Security Act [42 U.S.C. 401 et seq.]. An individual who was entitled to an annuity under paragraph (iv) or (v) of section 231a(a)(1) of this title for the month preceding the month in which he attained retirement age (as defined in section 216(l) of the Social Security Act [42 U.S.C. 416(l)]), shall be deemed to have filed an application for an annuity under paragraph (i) of section 231a(a)(1) of this title on the date on which he attained retirement age (as defined in section 216(l) of the Social Security Act), and a widow or widower who was entitled to an annuity under section 231a(d)(1) of this title on the basis of disability for the month preceding the month in which she or he attained age 60, shall be deemed to have filed an application for an annuity under such section 231a(d)(1) of this title on the basis of age on the date on which she or he attained age 60.

(1)

An individual’s entitlement to an annuity under paragraph (i), (ii), or (iii) of section 231a(a)(1) of this title or to a supplemental annuity under section 231a(b) of this title shall end with the month preceding the month in which he dies.

(2)

An individual’s entitlement to an annuity under paragraph (iv) or (v) of section 231a(a)(1) of this title shall end on (A) the last day of the second month following the month in which he ceases to be disabled as provided for purposes of such paragraphs, (B) the last day of the month preceding the month in which he attains retirement age (as defined in section 216(l) of the Social Security Act [42 U.S.C. 416(l)]) or (C) the last day of the month preceding the month in which he dies, whichever first occurs.

(3)

The entitlement of a spouse of an individual to an annuity under section 231a(c) of this title shall end on the last day of the month preceding the month in which (A) the spouse or the individual dies, (B) the spouse and the individual are absolutely divorced, or (C) in the case of a wife who does not satisfy the requirements of clause (ii)(A) or (ii)(B) of section 231a(c)(1) of this title (other than a wife who is receiving such annuity by reason of an election under section 231a(c)(2) of this title), such wife no longer has in her care a child described in clause (ii)(C) of section 231a(c)(1) of this title, whichever first occurs. The entitlement of the divorced wife of an individual to an annuity under section 231a(c) of this title shall end on the last day of the month preceding the month in which (A) the divorced wife or the individual dies or (B) the divorced wife remarries.

(4)

The entitlement of a widow or widower of a deceased employee to an annuity under paragraph (i) of section 231a(d)(1) of this title on the basis of age shall end on (A) the last day of the month preceding the month in which she or he dies or (B) the last day of the month preceding the month in which she or he remarries after the employee’s death, whichever first occurs.

(5)

The entitlement of a widow or widower of a deceased employee to an annuity under paragraph (i) of section 231a(d)(1) of this title on the basis of disability shall end on (A) the last day of the month preceding the month in which she or he dies, (B) the last day of the month preceding the month in which she or he remarries after the employee’s death, (C) the last day of the second month following the month in which she or he ceases to be disabled as provided for purposes of such paragraph, or (D) the last day of the month preceding the month in which she or he attains age 60, whichever first occurs.

(6)

The entitlement of a widow of a deceased employee to an annuity under paragraph (ii) of section 231a(d)(1) of this title shall end on (A) the last day of the month preceding the month in which she dies, (B) the last day of the month preceding the month in which she remarries after the employee’s death, or (C) the last day of the month preceding the month in which she no longer has in her care a child described in clause (B) of such paragraph (ii) whichever first occurs.

(7)

The entitlement of a child of a deceased employee to an annuity under paragraph (iii) of section 231a(d)(1) of this title shall end on (A) the last day of the month preceding the month in which he or she dies, (B) the last day of the month preceding the month in which he or she marries, (C) the last day of the month preceding the month in which he or she attains age 18 and does not meet the qualifications set forth in clause (B) or (C) of such paragraph (iii), (D) the last day of the month preceding (i) the month during no part of which he or she is a full-time elementary or secondary school student or (ii) the month in which he or she attains age 19, and does not meet the qualifications set forth in clause (A) or (C) of such paragraph (iii), or (E) the last day of the second month following the month in which he or she ceases to be disabled for purposes of such paragraph (iii) and does not meet the qualifications set forth in clause (A) or (B) of such paragraph (iii), whichever first occurs. A child whose entitlement to an annuity under paragraph (iii) of section 231a(d)(1) of this title terminated by reason of clause (E) of this subdivision because he or she ceased to be disabled and who again becomes disabled as provided in clause (C) of such paragraph (iii), may become reentitled to an annuity on the basis of such disability upon his or her application for such reentitlement. A child whose entitlement to an annuity under paragraph (iii) of section 231a(d)(1) of this title terminated with the month preceding the month in which he or she attained age 18, or with a subsequent month, may again become entitled to such an annuity (providing no event to disqualify the child has occurred) beginning with the first month thereafter in which he or she meets the qualifications set forth in clause (B) or (C) of such paragraph (iii), if he or she has filed an application for such reentitlement.

(8)

The entitlement of a parent of a deceased employee to an annuity under paragraph (iv) of section 231a(d)(1) of this title shall end on the last day of the month preceding the month in which (A) such parent dies or (B) such parent remarries after the employee’s death, whichever first occurs.

(9)

No annuity shall accrue with respect to the calendar month in which an annuitant dies. In cases where an individual entitled to an annuity under this subchapter disappears, no annuity shall accrue to that individual with respect to any month until and unless such individual is shown, by evidence satisfactory to the Board, to have continued in life throughout such month, but—

(A)

where an annuity would accrue for such month under section 231a(a)(1) of this title to an individual who had a current connection with the railroad industry at the time of such individual’s disappearance, and under section 231a(c) of this title to such individual’s spouse, had such individual been shown to be alive during such month, such individual shall be deemed, for the purposes of benefits under section 231a(d) of this title, to have died in the month in which such individual disappeared, and where an annuity would accrue for such month under section 231a(a)(1) of this title to an individual who did not have a current connection with the railroad industry at the time of such individual’s disappearance, and under section 231a(c) of this title to such individual’s spouse, had such individual been shown to be alive during such month, such individual shall be deemed, for purposes of benefits payable under section 231a(c) of this title, to be alive during such month unless the death of such individual has been established or the annuity of the spouse of such individual is otherwise terminated under subsection (c)(3) of this section, and

(B)

if such individual is later determined to have been alive during any of such months, recovery of any benefits paid on the basis of such individual’s compensation under section 231a(d) of this title for the months in which such individual was not known to be alive, minus the total of the amounts that would have been paid as a spouse’s annuity during such months (treating the application for a widow’s or widower’s annuity as an application for spouse’s annuity), shall be made in accordance with section 231l of this title.

For purposes of the payment of benefits under this subchapter, the death of an individual shall be presumed based on such individual’s unexplained absence of not less than seven years, except that whenever the death of an individual is so established, such individual shall be deemed to have died in the month in which such individual disappeared.

Source credit: (Aug. 29, 1935, ch. 812, § 5, as restated June 24, 1937, ch. 382, pt. I, 50 Stat. 307, as restated Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1332; amended Pub. L. 97–35, title XI, § 1120, Aug. 13, 1981, 95 Stat. 636; Pub. L. 98–76, title I, §§ 103(a), 104(c), 106(i), (j), Aug. 12, 1983, 97 Stat. 415, 416, 418; Pub. L. 107–90, title I, § 103(f), Dec. 21, 2001, 115 Stat. 881; Pub. L. 109–280, title X, § 1003(a), Aug. 17, 2006, 120 Stat. 1053; Pub. L. 110–458, title I, § 110(a)(2), Dec. 23, 2008, 122 Stat. 5112.)

history & why it existsrecord from the source credit

1935Enacted · Pub. L. 93-445 · 50 Stat. 307
1981Amended · Pub. L. 97-35 · 95 Stat. 636
1983Amended · Pub. L. 98-76 · 97 Stat. 415, 416, 418
2001Amended · Pub. L. 107-90 · 115 Stat. 881
2006Amended · Pub. L. 109-280 · 120 Stat. 1053
2008Amended · Pub. L. 110-458 · 122 Stat. 5112

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-445 on 1935-08-29.

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