20 C.F.R. Subpart E—When Entitlement Under the Overall Minimum Ends
Title 20 - Employees' Benefits
(a) Employee Age O/M. An increase in an employee's annuity under the overall minimum based on age ends with the month before the month in which the employee dies. If a disability annuity is increased under the overall minimum based on age rather than disability, and the employee is under retirement age, the increase ends with the second month after the month the disability ends as shown in part 220 of this chapter. (b) Employee DIB O/M. An increase in an employee's annuity under the overall minimum based on disability ends with the earlier of: (1) The month before the month in which the employee dies; or (2) The month before the month the employee attains retirement age (the DIB O/M is changed to an age O/M); or (3) The second month after the month the disability ends, as explained in part 220 of this chapter. (c) Spouse. An increase in a spouse annuity under the overall minimum ends when the increase in the employee annuity ends, as shown in paragraphs (a) and (b) of this section, when the spouse can no longer be included in computing the annuity rate under the overall minimum as shown in §229.41 of this part, or when the spouse annuity ends as shown in part 218 of this chapter. A spouse's inclusion in the computation of the overall minimum rate ends the earlier of: (a) The month before the month in which the spouse dies; or (b) The month before the month in which the spouse's marriage to the employee legally terminates; or (c) If the spouse has an eligible child in care, the earlier of the month before the month in which the child leaves the spouse's care, attains age 16 and is not disabled, or, if disabled, recovers from being disabled; or (d) The month before the month the employee dies. A child's inclusion in the computation of the overall minimum rate ends the earlier of: (a) The month before the month in which the child dies; or (b) The month before the month in which the child marries; or (c) The month before the month the child becomes 18 years old, unless the child is disabled or a full-time student, as shown in part 216 of this chapter; or (d) The second month after the month the child's disability ends, if the child is 18 years old or older, and not a full-time student; or (e) The month in which a student child's annuity would end, as shown in part 218 of this chapter, if the child is 18 years old or older, a full-time student in an elementary or secondary school, and not disabled; or (f) The month before the month the child becomes entitled to an overall minimum benefit or child's annuity on another earning record, if including the child on the other earnings record would result in higher monthly benefits; or (g) In the case of a stepchild of the employee, the month after the month in which the divorce between the stepparent and the natural parent becomes final. [58 FR 53397, Oct. 15, 1993, as amended at 62 FR 47138, Sept. 8, 1997] A divorced spouse's inclusion in the computation of the overall minimum rate ends the earlier of: (a) The month before the month in which the divorced spouse dies; or (b) The month before the month the employee dies; or (c) The month before the month in which the divorced spouse remarries; or (d) The month before the month in which the divorced spouse becomes entitled to a retirement or disability benefit under the Social Security Act based upon a primary insurance amount which is equal to or exceeds the divorced spouse annuity before reduction for age.
Title 20: Employees' Benefits
PART 229—SOCIAL SECURITY OVERALL MINIMUM GUARANTEE
Subpart E—When Entitlement Under the Overall Minimum Ends
§ 229.40 When an annuity increase under the overall minimum ends.
§ 229.41 When a spouse can no longer be included in computing an annuity rate under the overall minimum.
§ 229.42 When a child can no longer be included in computing an annuity rate under the overall minimum.
§ 229.43 When a divorced spouse can no longer be included in computing an annuity under the overall minimum.
