under §§ 225.1 to 225.7: Provided, however, That such joint and survivor annuity shall upon revocation of the election or death of the spouse be increased to the amount that would have been payable had an election not been made, such increased annuity to begin to accrue, subject to the provisions of § 214.1 of this chapter, on the first of the calendar month following the calendar month in which the election was revoked or the spouse died, but not before November 1, 1951.

(Sec. 2, 50 Stat. 309, as amended; 45 U.S.C. 228b) [Board Order 55-89, 20 F.R. 3710, May 27, 1955]

§ 225.9 Reduction because of military service used for other benefits.

When any other gratuitous benefit is payable on a periodic basis under another act of Congress on the basis of military service included in an individual's years of service, the annuity of such individual for all or part of a month for which such other benefit is payable, shall be reduced by

(a) The proportion that the number of years of service by which such military service increases the years of service bears to the total years of service, or

(b) The aggregate amount of such other benefit for that month, whichever results in the smaller reduction; however, where eligibility for the annuity exists without the crediting of the military service on the basis of which such other benefit is payable, the annuity shall not be reduced below the amount which would be payable without the crediting of the military service.

(Sec. 3A, 54 Stat. 1014, as amended; 45 U.S.C. 228c-1) [Board Order 55-89, 20 F.R. 3710, May 27, 1955]

(a) Recomputation of retirement annuity. Subject to the provisions of paragraph (b) of this section, the retirement annuity of an individual shall be recomputed and recertified to include service rendered by such individual as an employee after such annuity began to accrue if the individual has, on or before the date of his death, filed with an office of the Board a duly executed application for such recomputation subject to the same conditions and limitations prescribed in § 210.2 of this chapter relating to the execution and filing of an applica

tion for an annuity. A recomputation under this section shall be made according to the provisions of section 3 of the act, as amended, and shall take into account all the individual's service rendered as an employee up to the date the application for recomputation is filed with the Board.

(b) Cessation of service and relinquishment of rights as conditions for recomputation. An individual shall be entitled to have his retirement annuity recomputed under paragraph (a) of this section only if he shall have ceased to render service for compensation to an employer as defined in Part 202 of this chapter, and shall have relinquished all rights which he may have had to return to the service of any such employer; but the requirement of relinquishment of rights shall not apply to an individual entitled to an annuity described in § 208.7 (a) (3) or (4) of this chapter, prior to attaining age 65.

(c) Filing date of application for recomputation. An application for recomputation of a retirement annuity, filed in the manner and form prescribed in paragraph (a) of this section and § 210.2 of this chapter, shall be considered filed as of the date prescribed in § 210.3 of this chapter.

(d) Signature on application for recomputation. An application for recomputation of a retirement annuity shall be signed in the manner prescribed in $ 210.4 of this chapter. In addition, the conditions prescribed in that section with respect to re-executed or corrected applications shall also apply to such an application.

(e) Presumptions from application; application where individual is incompetent; alteration; cancellation and effect of cancellation of application. Sections 210.5, 210.7, 210.10, 210.11, and 210.12, respectively, of this chapter shall govern the presumptions which shall be made from a duly executed application for recomputation of a retirement annuity received on or prior to the date of death of the applicant, the execution and filing of such an application in the event the individual is mentally incompetent, the restrictions governing the alteration of such an application, the cancellation of such an application, and the effect of a cancellation.

(f) Effective date of increase where retirement annuity is recomputed to include service rendered after annuity began to accrue. Any increase in a re

tirement annuity resulting from a recomputation to include service rendered after the annuity has begun to accrue shall be effective as of the latest of the following dates: (1) twelve months before the filing date of the application for recomputation, or (2) the first day of the month following the last month in which the employee worked for an employer under the act: Provided, however, That no such increase in annuity shall be effective before November 1, 1951.

Board Order 55-89, 20 F.R. 3711, May 27, 1955]

§ 225.12 Rounding annuity.

When awarded on or after September 6, 1958, a monthly annuity that is computed or recomputed under this part and that is not a multiple of $0.10, shall be raised to the next higher multiple of $0.10.

[Board Order 59-19, 24 F.R. 1248, Feb. 18, 1959]

For the purposes of this Act, the term "spouse" shall mean the wife or husband of a retirement annuitant or pensioner who (1) was married to such annuitant or pensioner for a period of not less than one year immediately preceding the day on which the application for a spouse's annuity is filed, or in the month prior to her or his marriage to such annuitant or pensioner was eligible for an annuity under subsection (a) or (d) of section 5 of this Act or, on the basis of disability, under subsection (c) thereof, or is the parent of such annultant's or pensioner's son or daughter, if, as of the day on which the application for a spouse's annuity is filed, such wife or husband and such annuitant or pensioner were members of the same household, or such wife or husband was receiving regular contributions from such annuitant or pensioner toward her or his support, or such annuitant or pensioner has been ordered by any court to contribute to the support of such wife or husband; and (ii) in the case of a husband, was receiving at least one-half of his support from his wife at the time his wife's retirement annuity or pension began. (Section 2(f) of the Act.) [Board Order 62-33, 27 FR. 3322, Apr. 7, 1962]

§ 232.102 Definition of "spouse".

The term "spouse" means a wife or husband of a retirement annuitant or pensioner as defined in section 2 of the act and in §§ 232.103 and 232.104. [Board Order 55-89, 20 F.R. 3711, May 27, 1955]

§ 232.103 Definition of "wife".

An individual is a "wife," as that term is used in section 2 of the act, when such an individual is the wife of a retirement annuitant or pensioner under the law of the state of his domicile and when: (a) She has been married to such annuitant or pensioner for at least one year preceding the date on which an application for a spouse's annuity is filed, or in the month before her marriage was eligible for an insurance annuity under

237.406 or § 237.410 of this chapter or, on the basis of disability, § 237.409 of this chapter, or is the natural mother of his son or daughter, and

(b) As of the date on which an application for a spouse's annuity is filed, she was a member of the same household as such annuitant or pensioner, or he was contributing toward her support regu

larly, or he had been ordered by any court to contribute to the support of such wife.

[Board Order 55-89, 20 F.R. 3711, May 27, 1955, as amended by Board Order 62-33, 27 F.R. 3322, Apr. 7, 1962]

§ 232.104

Definition of "husband".

An individual is a "husband." as that term is used in section 2 of the act, when such individual is the husband of a retirement annuitant or pensioner under the law of the state of her domicile and when:

(a) He has been married to such annuitant or pensioner for at least one year preceding the date on which an application for a spouse's annuity is filed, or in the month before his marriage was eligible for an insurance annuity under § 237.407 or § 237.410 of this chapter or, on the basis of disability, § 237.409 of this chapter, or is the natural father of her son or daughter, and

(b) As of the date on which an application for a spouse's annuity is filed, he was a member of the same household as such annuitant or pensioner, or she was contributing toward his support regularly, or she had been ordered by any court to contribute to the support of such husband, and

(c) He was receiving at least one-half of his support from such annuitant or pensioner on the day her annuity or pension began to accrue.

[Board Order 55-89, 20 F.R. 3711, May 27, 1955, as amended by Board Order 62-33, 27 F.R. 3322, Apr. 7, 1962]

Subpart B-Conditions of Entitlement § 232.201 Statutory provisions.

A spouse who would be entitled to an annuity under subsection (e) if she or he had attained the age of 65 may elect upon or after attaining the age of 62 to receive such annuity, but the annuity in any such case shall be reduced by one one-hundred-andeightieth for each calendar month that the spouse is under age 65 when the annuity begins to accrue (section 2(h) of the act). [Board Order 60-13, 25 F.R. 1673, Feb. 26, 1960]

§ 232.202 Eligibility for an annuity.

The spouse of a retirement annuitant or pensioner shall be eligible for a spouse's annuity when such annuitant or pensioner has attained age 65 if:

(a) The spouse has also attained age 65; or

(b) The spouse is at least age 62, but the amount of the annuity shall be re

duced by one one-hundred-and-eightieth for each calendar month during all of which the spouse is less than 65 years of age when the annuity begins to accrue; or

(c) The spouse is a woman under age 65 who has in her care, individually or jointly with her husband, a child, who if the annuitant or pensioner were then to die, would be entitled to a child's insurance annuity under section 5(c) of the act.

[Board Order 60-13, 25 F.R. 1673, Feb. 26. 1960]

§ 232.203 Relinquishment of rights.

A spouse's annuity may not be certified for payment until the applicant has established to the satisfaction of the Board that he or she has relinquished all rights which such applicant may have had to return to the service of:

(a) An employer;

(b) Any person whether or not an employer by whom he or she was most recently employed when the annuity be. gins to accrue;

(c) Any person with whom he or she held, at the time the annuity begins to accrue, any rights to return to service:

(d) Any person with whom he or she ceased service in order to have the annuity begin to accrue.

[Board Order 55-89, 20 F.R. 8712, May 27, 1955]

§ 232.204 Filing of application.

(a) No spouse, irrespective of his or her qualifications, shall receive an annuity unless, on or before the date of death of the spouse, his or her duly executed application upon such form as the Board may from time to time prescribe is filed with the Board.

(b) An application, filed in the manner and form prescribed in paragraph (a) of this section, shall be considered filed with the Board on the date that it is received at an office of the Board, or the date that it is delivered to a field employee of the Board specifically authorized by a regional director to receive applications in the area where delivery is made, whichever date is earlier; or, in a case of an applicant who is not residing in the United States, the date his application is received at an office maintained outside the United States by the U.S. Foreign Service: Provided, however, That if in the adjudication of an application for an annuity it is determined

that the applicant died on a day observed by the Board as a non-work day and that his application was received through the mail at an office of the Board on the first business day following such nonwork day, the application shall be deemed to have been filed with the Board on such non-work day if it is established to the satisfaction of the Board that the application was mailed in sufficient time to have been received by the Board in the ordinary course of the mail on such nonwork day had that day been a business day.

(c) The provisions of §§ 210.2(b), 210.4, 210.5, 210.7 through 210.13 of this chapter shall be applied to an application for a spouse', annuity in the same manner as applied to an application for an employee annuity.

[Board Order 60-13, 25 F.R. 1673, Feb. 26, 1960, as amended by Board Order 62-33, 27 F.R. 3322, Apr. 7, 1962]

§ 232.205 Annuity beginning date.

(a) A spouse's annuity shall begin to accrue as of the date specified in the application: Provided, however, That such date is not earlier than the latest of the following dates:

(1) The date following the last day of compensated service.

(2) The date on which all eligibility requirements are met.

(3) Twelve months prior to the filing date of the application.

(b) Where the date on which the annuity could otherwise begin falls on the thirty-first day of any month, the annuity shall begin to accrue on the first day of the following month.

[Board Order 55-89, 20 F.R. 3712, May 27, 1955, as amended by Board Order 62-33, 27 F.R. 3323, Apr. 7, 1962]

Subpart C-Computation of Annuity § 232.301 Statutory provisions.

The spouse of an individual, * • shall be entitled to a spouse's annuity equal to one-half of such individual's annuity or pension, but not more, with respect to any month, than 110 per centum of an amount equal to the maximum amount which could be paid to anyone, with respect to such month, as a wife's insurance benefit under section 202(b) of the Social Security Act as amended from time to time: Provided however, That if the annuity of the individual is awarded under paragraph 3 of subsection (a), the spouse's annuity shall be computed or recomputed as though such individual had been awarded the annuity to which he

would have been entitled under paragraph 1 of said subsection: Provided further, That, if the annuity of the individual is awarded pursuant to a joint and survivor election, the spouse's annuity shall be computed or recomputed as though such individual had not made a joint and survivor election: And provided further, That any spouse's annuity shall be reduced by the amount of any annuity and the amount of any monthly insurance benefit, other than a wife's or husband's insurance benefit, to which such spouse is entitled, or on proper application would be entitled, under subsection (a) of this section or subsection (d) of section 5 of this Act or section 202 of the Social Security Act; except that if such spouse is disentitled to a wife's or husband's insurance benefit, or has had such benefit reduced, by reason of subsection (k) of section 202 of the Social Security Act, the reduction pursuant to this third proviso shall be only in the amount by which such spouse's monthly insurance benefit under said Act exceeds the wife's or husband's insurance benefit to which such spouse would have been entitled under that Act but for said subsection (k) (Section 2(e) of the act). [Board Order 60-13, 25 F.R. 1674, Feb. 26, 1960]

§ 232.302 Amount of annuity.

(a) (1) A spouse's annuity for a month shall be equal to one-half of the annuity or pension of the retired employee, but not more than 110 per cent of an amount equal to the maximum amount which could be paid to anyone, with respect to such month, as a wife's insurance benefit under section 202(b) of the Social Security Act as amended from time to time.

(2) The maximum spouse's annuity for a month may be exceeded where the employee's annuity is computed as prescribed in § 225.6 of this chapter.

(b) Where the annuity of the retired employee was awarded on a reduced basis because such individual had not attained the age of 65, the spouse's annuity shall be computed as though the employee's annuity had been awarded under section 2 (a) 1 of the act after such annuitant had attained age 65.

(c) Where the annuity of the retired employee was awarded and reduced pursuant to a joint and survivor election, the spouse's annuity shall be computed as though such joint and survivor election had not been made.

[Board Order 55-89, 20 F.R. 3712, May 27, 1955, as amended by Board Order 60-13, 25 F.R. 1674, Feb. 26, 1960; Board Order 62-33, 27 F.R. 3323, Apr. 7, 1962]

The spouse's annuity of an individual who is entitled, or on proper application would be entitled, to a retirement annuity or parent's insurance annuity under the Railroad Retirement Act, or to any monthly insurance benefit under the Social Security Act, other than a wife's or husband's insurance benefit, shall be reduced by the amount of such other benefits: Provided however, That where a spouse has not been awarded a wife's or husband's insurance benefit, or becomes disentitled to a wife's or husband's insurance benefit after having been awarded such benefit, or has had a wife's or husband's insurance benefit reduced because the spouse is or on proper application would be entitled to any other monthly insurance benefit under the Social Security Act, the reduction shall be limited to the amount by which such other monthly insurance benefit exceeds the wife's or husband's insurance benefit to which the spouse would otherwise be entitled.

(Board Order 60-13, 25 F.R. 1674, Feb. 26, 1960]

§ 232.304 Reduction because of age.

Where eligibility for a spouse's annuity is based on age 62 to 65, the amount of the annuity as computed under § 232.302 shall be reduced by one onehundred-and-eightieth for each calendar month during all of which the spouse is less than 65 years of age when the annuity begins to accrue.

[Board Order 60-13, 25 F.R. 1674, Feb. 26, 1960]

§ 232.305 Rounding annuity.

When awarded on or after September 6, 1958, a monthly spouse's annuity that is computed under this part and that is not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10. [Board Order 60-13, 25 F.R. 1674, Feb. 26, 1960]

§ 232.306 Commutation of annuity.

When awarded on or after September 6, 1958, a monthly spouse's annuity that is less than $5 may be paid quarterly or in a lump sum equal to its commuted value as determined by the Board. [Board Order 60-13, 25 F.R. 1674, Feb. 26, 1960]

Subpart D-Payment of Annuities § 232.401 Statutory provisions.

The spouse's annuity provided in subsection (e) shall, with respect to any month, be subject to the same provisions of subsection (d) as the individual's annuity, and, in addition, the spouse's annuity shall not be payable for any month if the individual's annuity is not payable for such month (or, in the case of a pensioner, would not be payable if the pension were an annuity) by reason of the provisions of said subsection (d). Such spouse's annuity shall cease at the end of the month preceding the month in which (1) the spouse or the individual dies, (ii) the spouse and the individual are absolutely divorced, or (iii), in the case of a wife under age 65 (other than a wife who is receiving such annuity by reason of an election under subsection (h)), she no longer has in her care a child who, if her husband were then to die, would be entitled to an annuity under subsection (c) of section 5 of this Act (section 2(g) of the act). [Board Order 60-13, 25 F.R. 1674, Feb. 26, 1960]

A spouse's annuity shall not be paid with respect to any month in which an individual in receipt of an annuity under section 2(e) of the act shall:

(a) Render compensated service to an employer or to the last person by whom such spouse annuitant was employed prior to the date on which the annuity began to accrue, or

(b) The retirement annuity of the employee annuitant is not payable, or in the case of a pensioner such pension would not be payable if it were an annuity subject to the provisions of section 2(d) of the act.

[Board Order 55-89, 20 F.R. 3712, May 27, 1955]

Entitlement to a spouse's annuity under the act shall cease at the end of the month preceding the month in which any of the following events occurs:

(a) The spouse annuitant dies. (b) The wife or husband of the spouse annuitant dies.

(c) The marriage of the spouse annuitant and the annuitant or pensioner is ended by absolute divorce.

(d) A wife annuitant under age 65 (other than a wife who is receiving the annuity by reason of an election under section 2(h) of the act) no longer has