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§ 237.404 Only one insurance annuity to an individual.

If an individual is entitled to more than one kind of insurance annuity for a month, he shall be entitled to only one of such annuities. The amount of the annuity to which such individual is entitled shall not be less than any other insurance annuity to which he would be entitled except for this section.

§ 237.406 Widow's insurance annuity.

(a) Conditions of entitlement. Subject to the provisions of § 237.411, an individual is entitled to a widow's insurance annuity if she:

(1) Is the widow, as defined in § 237.303, of an employee who, at the time of his death, was completely insured; and

(2) Was not entitled, and would not have been entitled even if she had applied therefor, to receive, for a month before January 1, 1947, an insurance benefit under the Social Security Act based on the deceased employee's wages and in an amount greater than the widow's insurance annuity would be; and (3) Has attained the age of 60; and (4) Has not remarried. (b) Duration of annuity. the provisions of § 237.411, an individual is entitled to a widow's insurance annuity for each month beginning with the first month after December 1946 in which all of the conditions of entitlement are satisfied. The last month for which she is entitled to such annuity is the month immediately preceding the first month in which either of the following events occurs:

(1) She remarries; or

(2) She dies.

Subject to

(c) Rate of annuity. A widow's insurance annuity for a month is equal to the basic amount of the deceased employee, except that if in the month preceding the employee's death she was entitled to a spouse's annuity which, before any increase under § 225.6 of this chapter, was in an amount greater than her insurance annuity, her insurance annuity shall be increased to such greater amount. The rate shall be adjusted as provided in §§ 237.205 and 237.404 and Subpart F of this part.

§ 237.407 Widower's insurance annuity.

(a) Conditions of entitlement. Subject to the provisions of § 237.411, an individual is entitled to a widower's insurance annuity if he:

(1) Is the widower, as defined in § 237.304, of an employee who, at the time of her death, was completely insured; and

(2) Has attained the age of 60; and
(3) Has not remarried.

(b) Duration of annuity. Subject to the provisions of § 237.411, an individual is entitled to a widower's insurance annuity for each month beginning with the first month after October 1951 in which all of the conditions of entitlement are satisfied. The last month for which he is entitled to such annuity is the month immediately preceding the first month in which either of the following events occurs:

(1) He remarries; or

(2) He dies.

(c) Rate of annuity. A widower's insurance annuity for a month is equal to the basic amount of the deceased employee, except that if in the month preceding the employee's death he was entitled to a spouse's annuity which, before any increase under § 225.6 of this chapter, was in an amount greater than his insurance annuity, his insurance annuity shall be increased to such greater amount. The rate shall be adjusted as provided in §§ 237.205 and 237.404 and Subpart F of this part.

§ 237.408 Widow's current insurance annuity.

(a) Conditions of entitlement. Subject to the provisions of § 237.411, an individual is entitled to a widow's current insurance annuity if she:

(1) Is the widow, as defined in § 237.303, of an employee who, at the time of his death, was completely insured or partially insured; and

(2) Was not entitled, and would not have been entitled even if she had applied therefor, to receive, for a month before January 1, 1947, an insurance benefit under the Social Security Act based on the deceased employee's wages and in an amount greater than the widow's current insurance annuity would be; and

(3) Has not remarried; and

(4) Is not entitled to a widow's insurance annuity; and

(5) Has in her care, at the time of filing her application, a child of her deceased husband entitled to receive a child's insurance annuity.

(b) Duration of annuity. Subject to the provisions of § 237.411, an individual is entitled to a widow's current insurance annuity for each month beginning with

the first month after December 1946 in which all of the conditions of entitlement are satisfied. The last month for which she is entitled to such annuity is the month immediately preceding the first month in which any of the following events occurs:

(1) No child of her deceased husband is entitled to a child's insurance annuity;

or

(2) She becomes entitled to a widow's insurance annuity; or

(3) She remarries; or

(4) She dies.

(c) Rate of annuity. A widow's current insurance annuity for a month is equal to the basic amount of the deceased employee, except that if in the month preceding the employee's death she was entitled to a spouse's annuity which, before any increase under § 225.6 of this chapter, was in an amount greater than her insurance annuity, her insurance annuity shall be increased to such greater amount. The rate shall be adjusted as provided in §§ 237.205 and 237.404 and Subpart F of this part.

(d) Meaning of "in her care." A widow has a child "in her care" within the meaning of paragraph (a) (5) of this section if she takes parental responsibility for the welfare and care of such child, even though she does not live in the same home with the child.

§ 237.409 Child's insurance annuity.

(a) Conditions of entitlement. Subject to the provisions of § 237.411, an individual is entitled to a child's insurance annuity if he:

(1) Is a child, as defined in § 237.306, of an employee who, at the time of his death, was completely insured or partially insured; and

(2) Was not entitled, and would not have been entitled even if he had applied therefor, to receive, for a month before January 1, 1947, an insurance benefit under the Social Security Act based on the deceased employee's wages and in an amount greater than the child's insurance annuity would be.

(b) Duration of annuity. Subject to the provisions of § 237.411, an individual is entitled to a child's insurance annuity for each month beginning with the first month after December 1946 in which all of the conditions of entitlement are satisfied. If the child is born after the death of the employee on whose insured status the child's insurance annuity is based, the first month for which the

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(c) Rate of annuity. A child's insurance annuity for a month is equal to two-thirds of the basic amount of the deceased employee. If the child is entitled to a child's insurance annuity with respect to more than one deceased employee, his child's insurance annuity shall be two-thirds of the basic amount of whichever employee's basic amount is greatest. The rate shall be adjusted in accordance with §§ 237.205 and 237.404 and Subpart F of this part.

§ 237.410 Parent's insurance annuity.

(a) Conditions of entitlement. Subject to the provisions of § 237.411, an individual is entitled to a parent's insurance annuity if such individual:

(1) Is the parent, as defined in § 237.308, of an employee who, at the time of his death, was completely insured and was not survived by a widow, a widower, or a child as defined in §§ 237.303, 237.304, 237.306, respectively; and

(2) Was not entitled, and would not have been entitled even if he had applied therefor, to receive, for a month before January 1, 1947, an insurance benefit under the Social Security Act based on the deceased employee's wages and in an amount greater than the parent's insurance annuity would be; and

(3) Has attained the age of 60; and (4) Has not remarried since the death of the deceased employee.

Each parent of a deceased employee who had a completely insured status may become entitled to insurance annuities under this section.

(b) Duration of annuity. Subject to the provisions of § 237.411, an individual is entitled to a parent's insurance annuity for each month beginning with

the first month after December 1946 in which all of the conditions of entitlement are satisfied. The last month for which such individual is entitled to such annuity is the month immediately preceding the first month in which either of the following events occurs:

(1) He remarries; or

(2) He dies.

(c) Rate of annuity. A parent's insurance annuity for a month is equal to two-thirds of the basic amount of the deceased employee. If the parent is entitled to a parent's insurance annuity with respect to more than one deceased employee, his parent's insurance annuity shall be two-thirds of whichever employee's basic amount is greatest. The rate shall be adjusted in accordance with §§ 237.205 and 237.404 and Subpart F of this part.

§ 237.411

Beginning and ending of insurance annuities.

(a) Beginning. An insurance annuity under this subpart shall begin with the first month after December 1946, or in the case of a widower's insurance annuity with the first month after October 1951, with respect to which all of the conditions of entitlement for such annuity, as set out in the preceding sections of this subpart, are satisfied, if the individual shall have filed an application for such annuity, as prescribed in Subpart H of this part:

(1) In such month; or

(2) In the three months immediately preceding such month; or

(3) In the 12 months immediately succeeding such month.

(b) Ending. No insurance annuity under this subpart shall be payable for the month in which the conditions of entitlement for such annuity, as set out in the preceding sections of this subpart, cease to be satisfied.

[Board Order 60-59, 25 F.R. 3819, Apr. 30, 1960]

Subpart E-Lump-Sum Death
Payments

§ 237.501 Statutory provisions.

Lump-sum payment. Upon the death, after the month in which this Act is enacted [the 1937 Act as amended September 6, 1958], of a completely or partially insured employee who will have died leaving no widow, widower, child, or parent who would on proper application therefor be entitled to receive an annuity under this section for the month in which such death occurred, a

lump sum of ten times the employee's basic amount shall be paid to the person, if any. who is determined by the Board to be the widow or widower of the deceased employee and to have been living with such employee at the time of such employee's death and who will not have died before receiving payment of such lump sum. If there be no such widow or widower, such lump sum shall be paid to any person or persons, equitably entitled thereto, to the extent and in the proportions that he or they shall have paid the expenses of burial of such deceased employee. If a lump sum would be payable to a widow or widower under this paragraph except for the fact that a survivor will have been entitled to receive an annuity for the month in which the employee will have died, but within one year after the employee's death there will not have accrued to survivors of the employee, by reason of his death annuities which, after all deductions pursuant to paragraph (1) of subsection (i) will have been made, are equal to such lump sum, a payment equal to the amount by which such lump sum exceeds such annuities so accrued after such deductions shall then nevertheless be made under this paragraph to the person (or, if more than one, in equal shares to the persons) first named in the following order of preference: the widow, widower, child, or parent of the employee then entitled to a survivor annuity under this section. No payment shall be made to any person under this paragraph, unless application therefor shall have been filed, by or on behalf of any such person (whether or not legally competent), prior to the expiration of two years after the date of death of the deceased employee, except that if the deceased employee is a person to whom section 2 of the Act of March 7, 1942 (56 Stat. 143, 144), is applicable such two years shall run from the date on which the deceased employee, pursuant to said Act, is determined to be dead, and for all other purposes of this section such employee, so long as it does not appear that he is in fact alive, shall be deemed to have died on the date determined pursuant to said Act to be the date or presumptive date of death. (Section 5(f) (1) of the act.)

[Board Order 60-50, 25 F.R. 2890, Apr. 6, 1960; 25 F.R. 3396, Apr. 20, 1960]

§ 237.502 Lump-sum death payments.

(a) Conditions of payment. A lump sum is payable to one or more of the persons described in paragraph (b) of this section if:

(1) The employee died after September 1958 either completely or partially insured at the time of his death; and

(2) Such deceased employee was not survived by a widow, widower, child, or parent (see § 237.504 (a)), who, upon application therefor, would be entitled to receive a widow's insurance annuity, a widower's insurance annuity, a widow's

current insurance annuity, a child's insurance annuity, or a parent's insurance annuity, upon the basis of the insured status of such employee, for the month in which such employee died; and

(3) An application (see Subpart H of this part) for such lump sum has been filed no later than the second anniversary of the death of such employee (see § 237.902(b)).

(b) Persons entitled to receive payments (1) Survivor of deceased. If the employee is survived by a person who is determined by the Board to be the employee's widow or widower and to have been living with such employee at the time of the employee's death and who will not have died before receiving payment of such lump sum, such person will, under the conditions stated in paragraph (a) of this section, become entitled to a lump-sum death payment.

(2) Persons equitably entitled. If the employee was not survived by a person described under subparagraph (1) of this paragraph, the lump sum will be payable to any person or persons equitably entitled thereto to the extent and in the proportions that he or they shall have paid the burial expenses of the employee. If such an equitably entitled person dies before receiving payment of the lump sum, the lump-sum death payment will be payable to the estate of such equitably entitled person.

(c) Amount of payment. The lump sum to which a widow or widower is entitled under paragraph (b)(1) of this section is an amount equal to ten times the basic amount of the deceased employee. Where payment is made to an applicant because he is equitably entitled under paragraph (b) (2) of this section, the amount payable to him will be determined as follows:

(1) If no person other than such applicant is, or becomes, equitably entitled under paragraph (b) (2) of this section, the amount payable will be an amount equal to the amount of burial expenses paid by the applicant, or ten times the basic amount of the deceased, whichever is less.

(2) If two or more persons are, or become, equitably entitled under paragraph (b) (2) of this section, the amount payable to any such applicant is an amount equal to that proportion of ten times the basic amount of the deceased which the amount of burial expenses paid by such applicant bears to the total amount of burial expenses paid by all

persons equitably entitled, but in no event shall the amount paid to such applicant exceed the amount of burial expenses paid by him.

(d) Effect on later entitlement. The lump sum is not in lieu of, and does not affect, later entitlement of survivors to insurance annuities.

[12 F.R. 2023, Mar. 27, 1947; as amended by Board Order 55-89; 20 F.R. 3719, May 27, 1955; Board Order 60-50, 25 F.R. 2890, Apr. 6, 1960] § 237.503 Payment when lump sum exceeds insurance annuities accrued. (a) Conditions of payment. The payment provided for in this section shall be made to one or more of the persons described in paragraph (b) of this section if:

(1) A lump sum would have been payable to a widow or widower under § 237.502 except for the fact that a survivor was entitled to receive an insurance annuity for the month in which the employee died (see § 237.502(a) (2)); and

(2) Within 1 year after the employee's death there did not accrue to his survivors, by reason of his death, insurance annuities which, after all deductions required by § 237.702 were made, were equal to the lump sum referred to in subparagraph (1) of this paragraph, and

(3) An application (see Subpart H of this part) for such payment has been filed no later than the second anniversary of the death of such employee (see § 237.902 (b)).

(b) Persons entitled to receive payment. The payment provided for in this section shall be made to the widow, widower, child, or parent of the deceased employee, in that order, provided that such person is entitled to an insurance annuity on the first anniversary of the employee's death. If there is more than one such person, they shall share equally in the payment.

(c) Amount of payment. The payment to be made under this section is an amount equal to the excess of the lump sum referred to in paragraph (a) (1) of this section over the insurance annuities which accrued to survivors within 1 year after the employee's death, as such annuities may have been reduced by any deductions required by § 237.702 (see paragraph (a) (2) of this section).

(d) Effect on later entitlement. The payment provided for in this section is not in lieu of, and does not affect, later

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(a) The terms "widow," "widower," "child," and "parent" as they first appear in section 5 (f) of the act (see § 237.502 (a) (2)), are used as defined in §§ 237.303, 237.304, 237.306, and 237.308, respectively.

(b) The meaning of the terms "widow," "child" (or "children"), and "parent" (or "parents"), except as they first appear in section 5 (f) of the act, and of the term "widower" as used in such section 5 (f), is determined by reference to applicable State law. An individual is such a "widow," "widower," "child," or "parent" of a deceased employee if he is the widow, widower, child, or parent of the deceased employee, or has the same status as such, under applicable State law, without regard to the definitions referred to in paragraph (a) of this section.

[12 F.R. 2023, Mar. 27, 1947, as amended by Board Order 55-89, 20 F.R. 3720, May 27, 1955]

Subpart F-Maximum and Minimum Insurance Annuity Totals

§ 237.601 Statutory provisions.

Maximum and minimum annuity totals. Whenever according to the provisions of this section as to annuities, payable for a month with respect to the death of an employee, the total of annuities is more than $36.80 and exceeds either (a) $193.60, or (b) an amount equal to two and two-thirds times such employee's basic amount, whichever of such amounts is the lesser, such total of annuities shall, after any deductions under subsection (1), be reduced to such lesser amount or to $36.30, whichever is greater. Whenever such total of annuities is less than $16.95, such total shall, prior to any deductions under subsection (1), be increased to $16.95. (Section 5(h) of the act.)

• the

In the case of an individual having a current connection with the railroad industry, ... if for any entire month. total of survivor annuities under this Act deriving from the same employee, is less than 110 per centum of the amount, or 110 per centum of the additional amount, which would have been payable to all persons for such month under the Social Security Act (deeming completely and partially insured individuals to be fully and currently insured, respectively, individuals entitled to insurance annuities under subsections (a) and (d) of section 5 to have attained age sixty-five, and individuals entitled to insurance annuities under subsection (c)

of section 5 on the basis of disability to be less than eighteen years of age, and disregarding any possible deductions under subsections (f) and (g) (2) of section 203 of the Social Security Act) if such employee's service as an employee after December 31, 1936, were included in the term "employment" as defined in that Act and quarters of coverage were determined in accordance with section 5(1) (4) of this Act, such annuity or annuities, shall be increased proportionately to a total of 110 per centum of such amount or 110 per centum of such additional amount. • • * (Section 3(e) of the act.)

[Board Order 60-50, 25 F.R. 2890, Apr. 6, 1960] § 237.602 Application of maximum and minimum and basis for computation.

(a) Application of maximum and minimum. The reductions and increases provided for in this subpart apply only to insurance annuities for survivors. Lump sums under section 5 (f) of the act are not subject to reductions or increases under this subpart.

(b) Basis for computing reductions and increases. Whether there is to be a reduction or increase in any insurance annuity or annuities, and the extent of such reduction or increase, depends upon the total amount of insurance annuities for a month as calculated under section 5 of the act with respect to the insured status of a deceased employee. [12 F.R. 2024, Mar. 27, 1947]

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(a) Conditions requiring reduction. Reductions are made only when there are two or more insurance annuities based upon the insured status of a deceased employee and when the total of such annuities, as calculated under Subpart D of this part:

(1) For a month after June 1956 and before June 1959 is more than $33 and exceeds either (i) $176, or (ii) an amount equal to two and two-thirds times the basic amount of the employee.

(2) For a month after May 1959 is more than $36.30 and exceeds either (1) $193.60, or (ii) an amount equal to two and two-thirds times the basic amount of the employee.

(b) Amount of reduction. If the conditions described in paragraph (a) of this section exist, each of the insurance annuities must be proportionately reduced so that the total of the insurance annuities:

(1) For a month after June 1956 and before June 1959 will be whichever is the least of the amounts stated in para

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