A surviving divorced spouse annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law.
Earliest date permitted by law—(1) General rules. The earliest date permitted by law is the later of—
The first day of the month in which the employee dies; or
The first day of the month in which the claimant becomes eligible for a surviving divorced spouse annuity as shown in part 216 of this chapter.
Full-age annuity. The earliest date permitted by law is the latest of—
The month shown in paragraph (b)(1) of this section;
The first day of the month in which the claimant attains full retirement age; or
The first day of the sixth month before the month in which the application is filed.
Reduced age annuity. The earliest date permitted by law is the latest of—
The month shown in paragraph (b)(1) of this section;
The first day of the month in which the claimant attains age 60; or
The first day of the month in which the application is filed or the first day of the month preceding the month in which the application is filed if the employee died in that preceding month.
Disability annuity. The earliest date permitted by law is the latest of—
The month shown in paragraph (b)(1) of this section;
The first day of the month in which the claimant attains age 50;
The first day of the twelfth month before the month in which the application is filed; or
The first day of the sixth month after the month of disability onset.
“Child in care” annuity. The earliest date permitted by law is the latest of—
The month shown in paragraph (b)(1) of this section; or
The first day of the sixth month before the month in which the application is filed.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.