US Code

Public Law 119-73 (01/23/2026)

45 U.S.C. § 231c

Computation of spouse and survivor annuities

(a)

Amount of spouses’ annuities; age

(1)
section 231a(c) of this title42 U.S.C. 301 The annuity of a spouse or divorced wife of an individual under shall be in an amount equal to the amount (before any reduction on account of age and before any deductions on account of work) of the wife’s insurance benefit or the husband’s insurance benefit to which such spouse or divorced wife would have been entitled under the Social Security Act [ et seq.] if such individual’s service as an employee after , had been included in the term “employment” as defined in that Act.
(2)
section 231a(c)(1)(ii)(B) of this titlel42 U.S.C. 416l1
1 So in original. Probably should be followed by a closing parenthesis.
For purposes of this subsection, a spouse entitled to an annuity under shall be deemed to have attained retirement age (as defined in section 216() of the Social Security Act [()] .
(3)
section 231a(c)(2) of this titlesection 231a(c)(4) of this title42 U.S.C. 402(a)section 231a(c)(4) of this title If a spouse entitled to an annuity under section 231a(c)(1)(ii)(A), section 231a(c)(1)(ii)(C), or or a divorced spouse entitled to an annuity under on the basis of the employment record of an employee who will have completed less than 10 years of service is entitled to a benefit under section 202(a), section 202(b), or section 202(c) of the Social Security Act [, (b), (c)] which began to accrue before the annuity under section 231a(c)(1)(ii)(A), section 231a(c)(1)(ii)(C), section 231a(c)(2), or , the annuity amount provided under this subsection shall be computed as though the annuity under this subchapter began to accrue on the later of (A) the date on which the benefit under section 202(a), section 202(b), or section 202(c) of the Social Security Act began or (B) the first date on which the annuitant met the conditions for entitlement to an age reduced annuity under this subchapter other than the conditions set forth in sections 231a(e)(1) and 231a(e)(2) of this title and the requirement that an application be filed.
(b)

Increases in spouses’ annuities in accordance with section 231b(b), (c), (d) of this title

section 231b of this titleProvided, however45 U.S.C. 228b(e)45 U.S.C. 228c(a)(2)Provided furthersection 231a(a)(1) of this title2

2 So in original. The comma probably should not appear.
section 231a(c) of this titlesection 231a(a)(1) of this titleThe amount of the annuity of a spouse of an individual provided under subsection (a) of this section shall be increased by an amount equal to 45 per centum of that portion of the individual’s annuity as is computed under subsection (b) of : , That if the spouse is entitled to an annuity amount provided by subsection (e)(1) or (e)(2) of this section, the amount of such spouse’s annuity provided by the preceding provisions of this subsection shall be reduced by the amount by which the amount computed in accordance with the provisions of clause (C) of subsection (e)(1) or (e)(2) of this section was increased by the Social Security Amendments of 1965, 1967, and 1969, disregarding (A) the amount of any such increase resulting from the Social Security Amendments of 1967 equal to, or less than, the excess of $5 over 5.8 per centum of the lesser of (i) the amount computed under clause (C) of subsection (e)(1) or (e)(2) of this section before any increases derived from legislation enacted after the Social Security Amendments of 1967 or (ii) the amount of the spouse’s annuity to which such spouse would have been entitled under section 2(e) of the Railroad Retirement Act of 1937 [], without regard to section 3(a)(2) of that Act [] or to increases derived from legislation enacted after 1968 and before any reduction on account of age, on the basis of the individual’s compensation and years of service prior to , and (B) the amount of any such increase resulting from the Social Security Amendments of 1969 equal to, or less than, $5: , That if the spouse is entitled to an annuity under , the amount of the annuity of such spouse under this subsection shall, be increased by an amount equal to the amount by which the amount of the annuity of such spouse provided under subsection (a) of this section was reduced by reason of the provisions of subsection (i)(2) of this section (disregarding, for this purpose, any increase in such reduction which becomes effective after the later of the date such spouse’s annuity under began to accrue or the date such spouse’s annuity under began to accrue). The Board shall have the authority to approximate the amount of any reduction prescribed by the first proviso of this subsection.

(c)

Pub. L. 107–90, title I, § 104(b)115 Stat. 882 Repealed. , ,

(d)

section 231b(g) of this title Increases in spouses’ annuities in accordance with

(1)
section 231b(g)(1) of this title That portion of the annuity of the spouse of an individual as is determined under subsection (b) and (c) of this section shall be increased by the same percentage, or percentages, as the individual’s annuity is, or has been, increased pursuant to the provisions of .
(2)
3
3 So in original. Probably should be “section”.
section 231b(g)(2) of this title That portion of the annuity of the spouse of an individual as is determined under subsection (b) of this section prior to any determination under subsection (c) of this subsection  shall, if the annuity of such spouse is not subject to reduction under subdivision (3) of this subsection, be reduced by an amount equal to 50 per centum of the dollar amount by which the annuity of the individual was reduced under . In no case shall the reduction by reason of this paragraph operate to reduce such portion to an amount less than $10.
(3)
42 U.S.C. 402section 231a(c) of this title42 U.S.C. 301 The first and, if necessary, the following time or times after , that monthly insurance benefits under section 202 of the Social Security Act [] are increased, that portion of the annuity of the spouse of an individual as is determined under subsections (b), (c), and (d)(1) of this section shall, if such spouse’s annuity under began to accrue in or before the year in which such first increase under the Social Security Act [ et seq.] became effective, be reduced by the dollar amount by which that portion of the annuity provided such spouse under subsection (a) of this section was increased, after any reduction under subsection (i) of this section, as a result of such increase or increases under the Social Security Act until the total dollar amount of such reduction or reductions equals 5 per centum of the annuity amount provided such spouse under subsection (a), as reduced under subsection (i), prior to such first increase. In no case shall the reduction by reason of this paragraph operate to reduce such portion to an amount less than $10.
(e)

Increases in particular spouses’ annuities

(1)
section 231a(a)(1) of this title42 U.S.C. 301Provided, howeversection 231b(h)(1) of this titlesection 231b(h)(5) of this title The amount of the annuity of the spouse of an individual determined under subsections (a) and (b) of this section, if (A) such individual will have (i) rendered service as an employee to an employer, or as an employee representative, during the calendar year 1974, or (ii) had a current connection with the railroad industry on , or at the time his annuity under began to accrue, or (iii) completed twenty-five years of service prior to , and (B) such individual will have completed ten years of service prior to , and such spouse will have been permanently insured under the Social Security Act [ et seq.] on , shall be increased by an amount equal to the smaller of (C) the primary insurance amount to which such spouse would have been entitled, upon attaining age 65, under the provisions of the Social Security Act as in effect on , on the basis of her or his wages and self-employment income derived from employment and self-employment under that Act prior to , or (D) the wife’s or husband’s insurance benefit to which such spouse would have been entitled, upon attaining age 65, under the provisions of the Social Security Act as in effect on , if such individual’s service as an employee after , and prior to , were included in the term “employment” as defined in that Act, if such individual had no wages or self-employment income under the Act other than wages derived from such service as an employee, and if such spouse were entitled to no other benefit under that Act: , That the increase under the provisions of this subdivision shall not be less than 50 per centum of the portion of the annuity, if any, of such individual determined under the provisions of prior to any increases under the provisions of .
(2)
42 U.S.C. 301Provided, howeversection 231b(h)(2) of this titlesection 231b(h)(5) of this title The amount of the annuity of the spouse of an individual determined under subsections (a) and (b) of this section, if (A) such individual will not have met the conditions set forth in subclause (i), (ii), or (iii) of clause (A) of subdivision (1) of this subsection, but (B) such individual will have completed ten years of service prior to , and such spouse will have been permanently insured under the Social Security Act [ et seq.] as of December 31 of the calendar year prior to 1975 in which such individual last rendered service as an employee, shall be increased by an amount equal to the smaller of (C) the primary insurance amount to which such spouse would have been entitled, upon attaining age 65,under the provisions of the Social Security Act as in effect on , on the basis of his or her wages and self-employment income derived from employment and self-employment under that Act as of December 31 of the calendar year prior to 1975 in which such individual last rendered service as an employee or (D) the wife’s or husband’s insurance benefit to which such spouse would have been entitled, upon attaining age 65, under the provisions of the Social Security Act as in effect on , if such individual’s service as an employee after , and prior to , were included in the term “employment” as defined in that Act, if such individual had no wages or self-employment income under that Act other than wages derived from such service as an employee, and if such spouse were entitled to no other benefit under that Act: , That the increase under the provisions of this subdivision shall not be less than 50 per centum of the portion of the annuity, if any, of such individual determined under the provisions of prior to any increases under the provisions of .
(3)
section 231b(h)(5) of this title The amount of the annuity of the spouse of an individual determined under subsections (a) and (b) of this section, if (A) such individual is entitled to an amount determined under the provisions of section 231b(h)(1) or 231b(h)(2) of this title and (B) such spouse is not entitled to an amount determined under the provisions of subdivision (1) or (2) of this subsection, shall be increased by an amount equal to 50 per centum of the portion of the annuity of such individual determined under the provisions of section 231b(h)(1) or 231b(h)(2) of this title prior to any increases under the provisions of .
(4)
42 U.S.C. 40242 U.S.C. 30142 U.S.C. 415(i)section 231a(a)(1) of this title The amount determined under the provisions of subdivision (1), (2), or (3) of this subsection shall be increased by the same percentage or percentages, as wife’s and husband’s insurance benefits under section 202 of the Social Security Act [] are increased, or would have been increased had there been no general benefit increases under the Social Security Act [ et seq.], pursuant to the automatic cost-of-living provisions of section 215(i) of that Act [], during the period from , to the earlier of the date on which the individual’s annuity under began to accrue or .
(5)
No amount shall be payable to a person under subdivision (1), (2), or (3) of this subsection unless the entitlement of such person to such amount had been determined prior to .
(f)

Amount of survivors’ annuities; age; entitlement

(1)
section 231a(d) of this title42 U.S.C. 301section 231a(d) of this title42 U.S.C. 415(a)42 U.S.C. 402(k) The annuity of a survivor of a deceased employee under shall be in an amount equal to the amount (before any deductions on account of work) of the widow’s insurance benefit, widower’s insurance benefit, mother’s insurance benefit, parent’s insurance benefit, or child’s insurance benefit, whichever is applicable, to which he or she would have been entitled under the Social Security Act [ et seq.] if such deceased employee’s service as an employee after , had been included in the term “employment” as defined in that Act. In the case of a widow or widower who is entitled to an annuity under solely on the basis of railroad service which was performed prior to , the amount provided under this section with respect to any month shall not be less than the first amount appearing in column IV of the table appearing in section 215(a) of the Social Security Act [] as in effect on , after reduction in accordance with the provisions of section 202(k) and 202(q) of that Act [, (q)] in the same manner as would be applicable to a widow’s insurance benefit or widower’s insurance benefit payable under section 202(e) or 202(f) of that Act.
(2)
For purposes of this subsection—
(i)
section 231a(d)(1) of this titleProvided, howeversection 231a(d)(1) of this title a widow or widower or a parent who is entitled to an annuity based on age under and who has not attained age 62 shall be deemed to be age 62: , That the provisions of this paragraph shall not apply in the case of a widow or widower who was entitled to an annuity under on the basis of disability for the month before the month in which he or she attained age 60,
(ii)
section 231a(d)(1) of this title42 U.S.C. 301 a widow or widower or a child who is entitled to an annuity under on the basis of disability shall be deemed to be entitled to a widow’s insurance benefit, a widower’s insurance benefit, or a child’s insurance benefit under the Social Security Act [ et seq.] on the basis of disability, and
(iii)
4
4 So in original. Probably should not be capitalized.
section 231a(d)(1)(v) of this title The  provisions of paragraphs (i) and (ii) of this subdivision shall not apply to the annuity of a widow, surviving divorced wife, or surviving divorced mother who is entitled to such annuity on the basis of the provisions of .
(3)
42 U.S.C. 402 The annuity amount provided to a widow or widower under last sentence of subdivision (1) shall be increased by the same percentage or percentages as insurance benefits payable under section 202 of the Social Security Act [] are increased after the date on which such annuity begins to accrue.
(g)

Increases in survivor’s annuities in accordance with subsection (f)

(1)
section 231b(b) of this titlesection 231b(g)(2) of this titlesection 231a(d) of this titlesection 231a(a)(1) of this titlesection 231a(a)(1) of this title The amount of the annuity provided under subsection (f)(1) (other than the last sentence thereof) for a survivor of a deceased individual shall be increased by an amount equal to the appropriate one of the following percentages of that portion of the annuity computed under , before any reduction on account of age and without regard to any reduction under , to which such deceased individual would have been entitled for the month such survivor’s annuity under began to accrue if such individual were living (deeming for this purpose that if such individual died before becoming entitled to an annuity under , such individual became entitled to an annuity under subdivision (i) of such in the month in which such individual died):
(i)
In the case of a widow or widower, the increase shall be equal to 50 per centum of such portion of the deceased individual’s annuity, but the amount of the annuity so determined shall be subject to reduction on account of age in the same manner as is applicable to the annuity amount determined for the widow or widower under subsection (f) and shall be subject to increase as provided in subdivision (4) of this subsection.
(ii)
In the case of a parent, the increase shall be equal to 35 per centum of such portion of the deceased individual’s annuity.
(iii)
In the case of a child, the increase shall be equal to 15 per centum of such portion of the deceased individual’s annuity.
(2)
section 231b(b) of this title Whenever the total amount of the increases based on the deceased individual’s portion of the annuity under as determined under subdivision (1) of this subsection for all survivors of a deceased employee is—
(i)
section 231a(g) of this title less than an amount equal to 35 per centum of such portion of the deceased individual’s annuity, the total increase shall, before any deductions under , be increased proportionately until the total increase is equal to 35 per centum of such portion of the deceased individual’s annuity; or
(ii)
section 231a(g) of this title more than an amount equal to 80 per centum of such portion of the deceased individual’s annuity, the total increase shall, before any deductions under and before any reduction on account of age, be reduced proportionately until the total increase is equal to 80 per centum of such portion of the deceased individual’s annuity.
(3)
An annuity determined under this subsection for a month prior to the month in which application is filed, shall be reduced to any extent that may be necessary so that it will not render erroneous any annuity which, before the filing of such application, the Board has certified for payment for such prior month.
(4)
section 231a(a)(1) of this title45 U.S.C. 228e(a)45 U.S.C. 228c(e)42 U.S.C. 402section 231a(a)(1) of this titlesection 231a(d)(1) of this titlesection 231a(a)(1) of this titlesection 231a(d)(1) of this titlesection 231a(a)(1) of this title42 U.S.C. 301section 231a(a)(1) of this title If a widow or widower of a deceased employee is entitled to an annuity under and if either such widow or widower or such deceased employee will have completed 10 years of service prior to , the amount of the annuity of such widow or widower under subdivisions (1) through (3) of this subsection shall be increased by an amount equal to the amount, if any, by which (A) the widow’s or widower’s insurance annuity to which such widow or widower would have been entitled, upon attaining age 65, under section 5(a) of the Railroad Retirement Act of 1937 [] as in effect on (without regard to the proviso of that section or the first proviso of section 3(e) of that Act [] on the basis of the deceased employee’s remuneration and service prior to , increased by the same percentage, or percentages, as widow’s and widower’s insurance benefits under section 202 of the Social Security Act [] are increased during the period from , to the later of the date on which such widow’s or widower’s annuity under began to accrue or the date on which such widow’s or widower’s annuity under began to accrue, exceeds (B) the total of the annuity amounts to which such widow or widower was entitled (after any reductions pursuant to subsection (i)(2) of this section but before any deductions on account of work) under the preceding provisions of this subsection, subsection (f) of this section, and the amount determined under subsection (h) of this section, before the proviso, as of the later of the date on which such widow’s or widower’s annuity under began to accrue or the date on which such widow’s or widower’s annuity under began to accrue. If a widow or widower of a deceased employee is not entitled to an annuity under or to an old-age insurance benefit or a disability insurance benefit under the Social Security Act [ et seq.], the amount of the annuity to which such widow or widower is entitled under this subsection shall not be less than an amount which would cause the total of the annuity amounts to which such widow or widower is entitled (before any deductions on account of work) under this subsection and subsection (f)(1) of this section to equal the total of the annuity amounts to which such widow or widower was entitled (or would have been entitled except for the provisions of sections 231a(e) and 231a(f) of this title) as a spouse under subsections (a), (b), and (e) of this section (after any reduction on account of age) in the month preceding the employee’s death. If a widow or widower of a deceased employee is entitled to an annuity under or to an old-age insurance benefit or a disability insurance benefit under the Social Security Act, the amount of the annuity to which such widow or widower is entitled under this subsection shall not be less than an amount which would cause (A) the total of the annuity amounts to which such widow or widower is entitled (after any reductions pursuant to section 202(k) or 202(q) of the Social Security Act or subsection (i)(2) of this section but before any deductions on account of work) under this subsection and subsection (f) of this section to equal (B)(i) the total of the annuity amounts, if any, to which such widow or widower was entitled (or would have been entitled except for the provisions of sections 231a(e) and 231a(f) of this title) as a spouse under subsections (a), (b), and (e) of this section (after any reduction on account of age) in the month preceding the employee’s death less (ii), if such widow or widower is entitled to an old-age insurance benefit or a disability insurance benefit under the Social Security Act but was not entitled to such a benefit in the month preceding the employee’s death, the amount by which the annuity amount payable under subsection (a) of this section to such widow or widower as a spouse in the month preceding the employee’s death would have been reduced by reason of section 202(k) or 202(q) of the Social Security Act if such widow or widower had been entitled to an old-age insurance benefit or a disability insurance benefit under the Social Security Act in the month preceding the employee’s death in an amount equal to the amount of such benefit at the time such benefit first began to accrue to such widow or widower.
(5)
section 231a(d)(1)(v) of this title This subsection shall not apply to the annuity of a widow, surviving divorced wife, or surviving divorced mother who is entitled to such annuity on the basis of the provisions of .
(6)
section 231b(g)(1) of this title That portion of the annuity of a survivor of an individual determined under subdivisions (1) and (2) of this subsection shall be increased whenever, and by the same percentage or percentages as, the annuity of the individual would have been increased pursuant to if such individual were still living.
(7)
42 U.S.C. 402section 1119(g) of Public Law 97–35section 231a(d) of this title42 U.S.C. 301 The first and, if necessary, the following time or times after , that monthly insurance benefits under section 202 of the Social Security Act [] are increased, that portion of the annuity of a survivor of a deceased individual as is determined under subdivisions (1) and (2) of this subsection, or under this subsection as in effect before amendment by , shall, if such survivor’s annuity under began to accrue before the effective date of such first increase under the Social Security Act [ et seq.], be reduced by the dollar amount by which that portion of the annuity provided such survivor under subsection (f) of this section was increased, after any reduction under subsection (i) of this section, as a result of such increase or increases under the Social Security Act until the total dollar amount of such reduction or reductions equals 5 per centum of the annuity amount provided such survivor under subsection (f), as reduced under subsection (i), prior to such first increase. In no case shall the reduction by reason of this paragraph operate to reduce such portion to an amount less than $10.
(8)
section 231b(g)(2) of this titlesection 231b(g)(2) of this titlesection 231a(d) of this titlesection 231a(a)(1) of this titlesection 231a(a)(1) of this title42 U.S.C. 301section 231b(g)(2) of this titlesection 231b(m) of this title That portion of the annuity of a survivor of a deceased individual as is determined under subdivisions (1) and (2) of this subsection shall, if the annuity of such survivor is not subject to reduction under subdivision (7) of this subsection, be reduced by an amount equal to the dollar amount by which the annuity of the deceased individual was reduced under or would have been reduced under such if such deceased individual had been living at the time such survivor’s annuity under began to accrue (deeming for this purpose, if such individual died before becoming entitled to an annuity under , that such individual became entitled to an annuity under paragraph (i) of such in the month in which such individual died). In a case where the survivor of a deceased individual is not entitled to a monthly insurance benefit under the Social Security Act [ et seq.], the reduction provided by the preceding sentence of this subdivision shall be equal to the dollar amount by which the annuity of the deceased individual would have been reduced under if the annuity of such deceased individual had not been subject to reduction under . In no case shall the reduction by reason of this paragraph operate to reduce such portion to an amount less than $10.
(9)
section 1119(g) of Public Law 97–35section 231b(g)(2) of this title42 U.S.C. 301section 231b(g)(2) of this titlesection 231b(m) of this title That portion of the annuity of a survivor of a deceased individual as is determined under this subsection as in effect before amendment by shall, if the annuity of such survivor is not subject to reduction under subdivision (7) of this subsection, be reduced by an amount equal to the dollar amount by which the annuity of the deceased individual was reduced under or, if such survivor is not entitled to a monthly insurance benefit under the Social Security Act [ et seq.], would have been reduced under such if the annuity of such deceased individual had not been subject to reduction under . In no case shall the reduction by reason of this paragraph operate to reduce such portion to an amount less than $10.
(10)
(i)
section 231a(a)(1) of this title42 U.S.C. 4015
5 See References in Text note below.
If for any month the unreduced annuity provided under this section for a widow or widower is less than the widow’s or widower’s initial minimum amount computed pursuant to paragraph (ii) of this subdivision, the unreduced annuity shall be increased to that initial minimum amount. For the purposes of this subdivision, the unreduced annuity is the annuity without regard to any deduction on account of work, without regard to any reduction for entitlement to an annuity under , without regard to any reduction for entitlement to a benefit under title II of the Social Security Act [ et seq.], and without regard to any reduction for entitlement to a public service pension pursuant to section 202(e)(7), 202(f)(2), or 202(g)(4) of the Social Security Act.
(ii)
For the purposes of this subdivision, the widow or widower’s initial minimum amount is the amount of the unreduced annuity computed at the time an annuity is awarded to that widow or widower, except that—
(A)
in subsection (g)(1)(i) “100 per centum” shall be substituted for “50 per centum”; and
(B)
in subsection (g)(2)(ii) “130 per centum” shall be substituted for “80 per centum” both places it appears.
(iii)
section 231a(d)(1)(ii) of this titlesection 231a(d)(1)(i) of this titlesection 231a(d)(1)(i) of this title If a widow or widower who was previously entitled to a widow’s or widower’s annuity under becomes entitled to a widow’s or widower’s annuity under , a new initial minimum amount shall be computed at the time of award of the widow’s or widower’s annuity under .
(h)

Increases in particular widows’ and widowers’ annuities

(1)
42 U.S.C. 3016
6 So in original. Probably should be “on”.
45 U.S.C. 228e(a)45 U.S.C. 228c(e)42 U.S.C. 402section 231a(d)(1) of this titlesection 231a(d)(1) of this titleProvided, howeversection 231a(d)(1) of this title The amount of the annuity of the widow or widower of a deceased employee determined under subsections (f) and (g) of this section, if such deceased employee will have completed ten years of service prior to , and such widow or widower will have been permanently insured under the Social Security Act [ et seq.] of  , shall be increased by an amount equal to the amount, if any, by which (A) the widow’s or widower’s insurance annuity to which such widow or widower would have been entitled, upon attaining age 65, under section 5(a) of the Railroad Retirement Act of 1937 [] as in effect on (without regard to the proviso of that section or the first proviso of section 3(e) of that Act []), on the basis of the deceased employee’s remuneration and service prior to , increased by the same percentage, or percentages, as widow’s and widower’s insurance benefits under section 202 of the Social Security Act [] are increased during the period from , to or, if earlier, to the later of the date on which such widow’s or widower’s annuity under began to accrue or the date beginning the first month for which such widow or widower is entitled to an old age insurance benefit or disability insurance benefit under the Social Security Act, exceeds (B) the total of the annuity amounts to which such widow or widower was entitled (after any reductions pursuant to section 202(k) or 202(q) of the Social Security Act and subsection (i)(2) of this section but before any deductions on account of work) under subsections (f) and (g) of this section as to the later of the date on which such widow’s or widower’s annuity under began to accrue or the date beginning the first month for which such widow or widower is entitled to an old-age insurance benefit or disability insurance benefit under the Social Security Act: , That, if a widow or widower was entitled (or would have been entitled except for the provisions of section 231a(e) or 231a(f) of this title) to an annuity amount under subdivision (1) or (2) of subsection (e) of this section in the month preceding the employee’s death, the amount of the annuity to which such widow or widower is entitled under this subsection shall not be less than an amount which would cause (A) the total of the annuity amounts to which such widow or widower is entitled (after any reductions pursuant to section 202(k) or 202(q) of the Social Security Act but before any deductions on account of work) under subsections (f) and (g) of this section and the preceding provisions of this subsection as of the date such widow’s or widower’s annuity under began to accrue to equal (B) the total of the annuity amounts to which such widow or widower was entitled (or would have been entitled except for the provisions of section 231a(e) or 231a(f) of this title) as a spouse under subsections (a), (b), and (e) of this section (after any reductions on account of age) in the month preceding the employee’s death.
(2)
section 231a(d)(1)(v) of this title Subdivision (1) of this subsection shall not apply to the annuity of a widow, surviving divorced wife, or surviving divorced mother who is entitled to such annuity on the basis of the provisions of . No amount shall be payable to a person under subdivision (1) of this subsection unless the entitlement of such person to such amount had been determined prior to .
(i)

Reductions in survivors’ annuities

(1)
section 231a(c)(2) of this title42 U.S.C. 401 The annuity of any spouse or divorced wife under subsection (a) of this section for any month shall, after a reduction pursuant to be reduced, but not below zero, by the amount of any insurance benefit (before any deduction on account of work) payable to such spouse or divorced wife for that month under title II of the Social Security Act [ et seq.].
(2)
section 231a(c) of this titlesection 231a(d) of this titlesection 231a(a)(1) of this titlesection 231b(a) of this title If a spouse or divorced wife entitled to an annuity under or a survivor entitled to an annuity under for any month is also entitled to an annuity under for such month, the annuity amount of such spouse or divorced wife determined under subsection (a) of this section or of such survivor under subsection (f) of this section shall, after any reduction pursuant to subdivision (1) of this subsection, be reduced by the amount of the annuity of such spouse or divorced wife or such survivor determined under .
(3)
42 U.S.C. 40142 U.S.C. 402(k) The annuity of any survivor under subsection (f) of this section shall be reduced, but not below zero, by the amount of any insurance benefit (before any deduction on account of work) payable to such survivor under title II of the Social Security Act [ et seq.], unless in computing the amount under subsection (f) a reduction was made for such insurance benefit pursuant to section 202(k) of the Social Security Act [].

Aug. 29, 1935, ch. 812, § 4June 24, 1937, ch. 38250 Stat. 307Pub. L. 93–445, title I, § 10188 Stat. 1327Pub. L. 94–547, § 2(a)90 Stat. 2524Pub. L. 97–35, title XI95 Stat. 632Pub. L. 98–76, title I97 Stat. 411Pub. L. 107–90, title I115 Stat. 878(, as restated , pt. I; , as restated , , ; amended , (b), , ; , §  1119, , ; , §§ 101(b), 102(b), (c), 106(h), title IV, §§ 406(a), 407(a), , , 413, 414, 418, 435; , §§ 101(a), 102(b), (c), 103(e), 104(b), , , 879, 881, 882.)

Editorial Notes

References in Text

act Aug. 14, 1935, ch. 53149 Stat. 620section 402 of Title 42Pub. L. 108–203, title IV, § 418(b)(3)(B)118 Stat. 532section 1305 of Title 42The Social Security Act, referred to in subsecs. (a)(1), (d)(3), (e)(1), (2), (4), (f)(1), (2)(ii), (g)(4), (7) to (10), (h)(1), and (i)(1), (3), is , , which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42. Sections 202(e)(7), 202(f)(2), and 202(g)(4) of the Act probably mean subsecs. (e)(7), (f)(2), and (g)(4) of section 202 of the Act as classified to subsecs. (e)(7), (f)(2), and (g)(4) of , respectively, prior to repeal by , (4)(A)(i), (5)(B), , , 533. For complete classification of this Act to the Code, see and Tables.

Pub. L. 89–9779 Stat. 286section 1305 of Title 42The Social Security Amendments of 1965, referred to in subsec. (b), is , , . For complete classification of this Act to the Code, see Short Title of 1965 Amendment note set out under and Tables.

Pub. L. 90–24881 Stat. 821section 1305 of Title 42The Social Security Amendments of 1967, referred to in subsec. (b), is , , . For complete classification of this Act to the Code, see Short Title of 1968 Amendment note set out under and Tables.

Pub. L. 91–17283 Stat. 737section 1305 of Title 42The Social Security Amendments of 1969, referred to in subsec. (b), is title X of , , , which amended sections 401, 402, 403, 415, 427, and 428 of Title 42, and enacted provisions set out as notes under sections 401, 402, 403, 415, and 427 of Title 42. For complete classification of this Act to the Code, see Short Title of 1969 Amendment note set out under and Tables.

Sections 2, 3, and 5 of the Railroad Retirement Act of 1937, referred to in subsecs. (b), (g)(4), and (h)(1), which were classified to sections 228b, 228c, and 228e of this title, have been omitted from the Code.

Section 1119(g) of Public Law 97–35, referred to in subsec. (g)(7), (9), amended subsec. (g) of this section generally. See 1981 Amendment note below.

Amendments

Pub. L. 107–90, § 102(b)section 231a(c)(1)(ii)(B) of this titlesection 231a(a)(1) of this titlesection 231a(c)(1) of this title2001—Subsec. (a)(2). , substituted “a spouse entitled to an annuity under ” for “if an individual is entitled to an annuity under paragraph (ii) of which did not begin to accrue before such individual attained age 62, the spouse of such individual entitled to annuity under clause (B) of paragraph (ii) of ”.

Pub. L. 107–90, § 103(e)Subsec. (a)(3). , added par. (3).

Pub. L. 107–90, § 102(c)section 231a(a)(1)(ii) of this titlesection 231a(c) of this title, struck out par. (3) which read as follows: “In the case of an individual entitled to an annuity under which began to accrue before such individual attained age 62, the annuity of the spouse of such individual under shall, in lieu of an annuity amount provided under subdivision (1), be in an amount equal to—

section 231b(a)(3)(i) of this title“(i) for each month prior to the first month throughout which both the individual and the spouse are age 62, 50 per centum of that portion of the individual’s annuity as is, or was prior to such individual’s attaining age 62, computed under , reduced to the same extent such amount would be reduced under section 202(b)(4) of the Social Security Act (in the case of a wife) or under section 202(c)(2) of the Social Security Act (in the case of a husband) as if such amount were a wife’s insurance benefit or a husband’s insurance benefit, respectively, under such Act; and

“(ii) for months beginning with the first month throughout which both the individual and the spouse are age 62, the amount (after any reduction on account of age based on the spouse’s age at the time the amount under this paragraph first becomes payable but before any deductions on account of work) of the wife’s insurance benefit or the husband’s insurance benefit to which such spouse would have been entitled under the Social Security Act if the individual’s service as an employee after , had been included in the term ‘employment’ as defined in that Act.”

Pub. L. 107–90, § 102(c)section 231a(a)(1) of this titlesection 231a(c)(1)(ii)(B) of this titleSubsec. (a)(4). , struck out par. (4) which read as follows: “In the case of an individual entitled to an annuity under paragraph (iv) or (v) of , the annuity of the spouse of such individual entitled to an annuity under shall, in lieu of an annuity amount provided under subdivision (1), be in an amount equal to the amount (after any reduction on account of age but before any deductions on account of work) of the wife’s insurance benefit or the husband’s insurance benefit to which such spouse would have been entitled under the Social Security Act if the individual’s service as an employee after , had been included in the term ‘employment’ as defined in that Act. For purposes of this subdivision, spouses who have not attained age 62 shall be deemed to have attained age 62.”

Pub. L. 107–90, § 104(b)section 231a(a)(1) of this titlesection 231b(f)(1) of this titlesection 231a(a)(1) of this titlesection 231b(f)(1) of this titlesection 231a(a)(1) of this titlesection 231b(f)(1) of this titlesection 231b(f)(1) of this titlesection 231b of this titlesection 231a(a)(1) of this titlesection 231b(f)(1) of this titleSubsec. (c). , struck out subsec. (c) which read as follows: “If (A) the total amount of the annuity of a spouse of an individual as computed under the preceding subsections of this section as of the date on which the annuity of such individual under began to accrue (before any reduction due to such spouse’s entitlement to a monthly insurance benefit under the Social Security Act) plus (B) the total amount of the annuity and supplemental annuity of the individual (before any reduction due to such individual’s entitlement to a monthly insurance benefit under the Social Security Act) subject to the provisions of would, before any reductions in the amounts specified in clauses (A) and (B) on account of age and disregarding any increases in such amounts which become effective after the date on which the individual’s annuity under began to accrue, exceed the amount determined under clauses (A) and (B) of , the portion of the annuity of such spouse determined under subsection (b) of this section as of the date on which the individual’s annuity under began to accrue shall be reduced until the sum of the amounts specified in clauses (A) and (B) of this subsection equals the amount determined under clauses (A) and (B) of or until such amount under subsection (b) of this section is reduced to zero, whichever occurs first. If, after such amount under subsection (b) of this section is reduced to zero, the sum of the remaining amounts specified in clauses (A) and (B) of this subsection still exceeds the amount determined under clauses (A) and (B) of , the supplemental annuity of the individual first, and then, if necessary, the annuity amount of the individual computed under subsections (b), (c), and (d) of as of the date on which the individual’s annuity under began to accrue, shall be reduced until the amounts specified in clauses (A) and (B) of this subsection equals the amount determined under clauses (A) and (B) of or until such supplemental annuity and such annuity amount are reduced to zero, whichever occurs first. Notwithstanding the preceding provisions of this subsection, the provisions of this subsection shall not operate to reduce the total of the amounts specified in clauses (A) and (B) of this subsection below $1,200.”

Pub. L. 107–90, § 101(a)Subsec. (g)(10). , added par. (10).

Pub. L. 98–76, § 106(h)l1983—Subsec. (a)(2). , substituted “retirement age (as defined in section 216() of the Social Security Act” for “age 65”.

Pub. L. 98–76, § 101(b)(1)section 231a(a)(1) of this title, substituted “if an individual is entitled to an annuity under paragraph (ii) of which did not begin to accrue before such individual attained age 62, the spouse of such individual” for “spouses”.

Pub. L. 98–76, § 101(b)(2)Subsec. (a)(3), (4). , added pars. (3) and (4).

Pub. L. 98–76, § 102(b)Subsec. (d). , designated existing provisions as par. (1), substituted “231b(g)(1)” for “231b(g)”, and added pars. (2) and (3).

Pub. L. 98–76, § 102(c)(1)section 231b(g)(2) of this titleSubsec. (g)(1). , inserted “and without regard to any reduction under ”.

Pub. L. 98–76, § 406(a)Subsec. (g)(4). , substituted “subsections (a), (b), and (e)” for “subsections (a), (b), and (e)(3)”.

Pub. L. 98–76, § 102(c)(2)Subsec. (g)(6). , substituted “231b(g)(1)” for “231b(g)”.

Pub. L. 98–76, § 102(c)(3)Subsec. (g)(7) to (9). , added pars. (7) to (9).

Pub. L. 98–76, § 407(a)Subsec. (i)(3). , added par. (3).

Pub. L. 97–35, § 1119(a)1981—Subsec. (a)(1). , substituted “spouse or divorced wife” for “spouse” in two places.

Pub. L. 97–35, § 1119(b)(1)Subsec. (b). , substituted “subsection (b)” for “subsections (b), (c) and (d)”.

Pub. L. 97–35, § 1119(b)(2), substituted “45 per centum” for “50 per centum”.

Pub. L. 97–35, § 1119(b)(3)section 231a(a)(1) of this titlesection 231a(a)(1) of this title, struck out third proviso which provided that if the total of (A) the amount of the spouse’s annuity provided under subsec. (a) of this section (before any reduction due to such spouse’s entitlement to a wife’s or husband’s insurance benefit under the Social Security Act), or, in the case of a spouse entitled to an annuity under or to an old-age insurance benefit or a disability insurance benefit under section 202 or 223 of the Social Security Act, the amount to which such spouse would be entitled under subsec. (a) of this section if she or he were not entitled to an annuity under or to an old-age insurance benefit or a disability insurance benefit under section 202 or 223 of the Social Security Act, plus (B) the amount of her or his annuity under this subsection would, with respect to any month, before any reductions on account of age, exceed 110 per centum of an amount equal to the maximum amount which could be paid to any one, with respect to such month, as a wife’s insurance benefit under section 202(h) of the Social Security Act, the amount of the annuity of such spouse under this subsection shall be reduced until the total of such annuity amounts equals 110 per centum of such amount.

Pub. L. 97–35, § 1119(b)(4), struck out reference to third proviso in second proviso.

Pub. L. 97–35, § 1119(b)(5)section 231a(c) of this titlesection 231a(a)(1) of this title, inserted “(disregarding, for this purpose, any increase in such reduction which becomes effective after the later of the date such spouse’s annuity under began to accrue or the date such spouse’s annuity under began to accrue)”.

Pub. L. 97–35, § 1119(c)Subsec. (c). , substituted “spouse’s entitlement to a monthly insurance benefit” for “spouse’s entitlement to a wife’s or husband’s insurance benefit”.

Pub. L. 97–35, § 1119(d)(1)section 231a(a)(1) of this titlesection 231a(a)(1) of this titleSubsec. (e)(4). , substituted “to the earlier of the date on which the individual’s annuity under began to accrue or ” for “to the date on which the individual’s annuity under began to accrue”.

Pub. L. 97–35, § 1119(d)(2)Subsec. (e)(5). , added subdiv. (5).

Pub. L. 97–35, § 1119(e)(1)section 231a(d) of this titleSubsec. (f)(1). , inserted provision that in the case of a widow or widower who is entitled to an annuity under solely on the basis of railroad service which was performed prior to , the amount provided under this section with respect to any month shall not be less than the first amount appearing in column IV of the table appearing in section 215(a) of the Social Security Act as in effect on , after reduction in accordance with the provisions of section 202(k) and 202(q) of that Act in the same manner as would be applicable to a widow‘s insurance benefit or widower’s insurance benefit payable under section 202(e) or 202(f) of that Act.

Pub. L. 97–35, § 1119(f)Subsec. (f)(2)(iii). , added par. (iii).

Pub. L. 97–35, § 1119(e)(2)Subsec. (f)(3). , added subdiv. (3).

Pub. L. 97–35, § 1119(g)Subsec. (g). , revised windfall component in computation of survivor annuity benefits and substituted provisions fixing windfall component equal to 50 per centum of employee’s windfall component which would be payable to employee if he were living, 15 per centum for children, parents 35 per centum, with family minimum of 35 per centum and family maximum of 80 per centum, for provisions fixing such component equal to 30 per centum of the social security level widow’s or widower’s annuity which would be payable to such survivor if railroad service were covered by the Social Security Act, and clarified that divorced wives, remarried widows, and surviving divorced mothers do not receive a windfall amount.

Pub. L. 97–35, § 1119(h)(1)Subsec. (h). , (4), designated existing provisions as subdiv. (1) and added subdiv. (2).

Pub. L. 97–35, § 1119(h)(2)Subsec. (h)(1). , substituted “during the period from , to or, if earlier, to” for “during the period from ”.

Pub. L. 97–35, § 1119(h)(3), substituted “pursuant to section 202(k) or 202(q) of the Social Security Act and subsection (i)(2) of this section” for “pursuant to section 202(k) or 202(q) of the Social Security Act”.

Pub. L. 97–35, § 1119(i)(1)Subsec. (i)(1). , substituted “spouse or divorced wife” for “spouse” in two places.

Pub. L. 97–35, § 1119(i)(2)section 231a(c)(2) of this title, inserted “, after a reduction pursuant to ” after “for any month shall”.

Pub. L. 97–35, § 1119(i)(3), struck out “wife’s or husband’s” before “insurance benefit”.

Pub. L. 97–35, § 1119(i)(4), inserted “(before any deduction on account of work)” after “insurance benefit”.

Pub. L. 97–35, § 1119(i)(1)Subsec. (i)(2). , substituted “spouse or divorced wife” for “spouse” in three places.

Pub. L. 94–547, § 2(a)section 231a(a)(1) of this titlesection 231a(a)(1) of this titlesection 231a(d)(1) of this titlesection 231a(a)(1) of this titlesection 231a(d)(1) of this title1976—Subsec. (g). , inserted references to spouses under subsection (e)(3) of this section in two places and inserted proviso that if a widow or widower of a deceased employee is entitled to an annuity under and if either such widow or widower of such deceased employee completed ten years of service prior to , the amount of the annuity of such widow or widower under the preceding provisions of this subsection would be increased by an amount equal to the amount, if any, by which (A) the widow’s or widower’s insurance annuity to which such widow or widower would have been entitled, upon attaining age 65, under section 5(a) of the Railroad Retirement Act of 1937 as in effect on (without regard to the proviso of that section or the first proviso of section 3(e) of that Act), on the basis of the deceased employee’s remuneration and service prior to , increased by the same percentage, or percentages, as widow’s and widower’s insurance benefits under section 202 of the Social Security Act are increased during the period from , to the later of the date on which such widow’s or widower’s annuity under began to accrue or the date on which such widow’s or widower’s annuity under began to accrue, exceeds (B) the total of the annuity amounts to which the widow or widower was entitled (after any reductions pursuant to subsection (i)(2) of this section but before any deductions on account of work) under subsec. (f) of the section and the preceding provisions of this subsection as of the later of the date on which such widow’s or widower’s annuity under began to accrue or the date on which such widow’s or widower’s annuity under began to accrue.

Pub. L. 94–547, § 2(b)Subsec. (h). , revised the benefit formula by providing that the additional benefit amount for the widows and widowers in question be equal to the difference between (A) the amount of the widow’s or widower’s insurance annuity which would have been payable under the 1937 Act railroad retirement formula on the basis of the deceased employee’s remuneration and service prior to 1975, with this amount being increased by the percentages of benefit increases occurring during the period from , to the date on which the widow’s or widower’s survivor annuity or social security benefit, whichever is awarded latest, begins, and (B) the total amount of the two survivor annuity components payable to the widow or widower under this subchapter, after reduction due to the receipt of a social security benefit, as of the time the widow’s or widower’s survivor annuity or social security benefit, whichever is awarded latest, begins, with a proviso to assure that, where the widow or widower had been receiving a “windfall” dual benefit as a spouse under this subchapter, the total annuity amounts, including dual benefit amounts, payable to that widow or widower will not be less than the annuity amounts, again including dual benefit amounts, which the widow or widower received as a spouse in the month preceding the employee’s death.

Statutory Notes and Related Subsidiaries

Effective Date of 2001 Amendment

Pub. L. 107–90, title I, § 101(b)115 Stat. 879

“(1)

In general .—

The amendment made by this section [amending this section] shall take effect on the first day of the first month that begins more than 30 days after enactment [], and shall apply to annuity amounts accruing for months after the effective date in the case of annuities awarded—
“(A)
on or after that date; and
“(B)
45 U.S.C. 231c(g)Public Law 97–3595 Stat. 357 before that date, but only if the annuity amount under section 4(g) of the Railroad Retirement Act of 1974 () was computed under such section, as amended by the Omnibus Budget Reconciliation Act of 1981 (; ).
“(2)

Special rule for annuities awarded before the effective date .—

45 U.S.C. 231c(g)(10)(ii)In applying the amendment made by this section to annuities awarded before the effective date, the calculation of the initial minimum amount under new section 4(g)(10)(ii) of the Railroad Retirement Act of 1974 (), as added by subsection (a), shall be made as of the date of the award of the widow’s or widower’s annuity.”
, , , provided that:

Pub. L. 107–90, title I, § 102(d)115 Stat. 879

“(1)

Generally .—

section 231b of this titleExcept as provided in paragraph (2), the amendments made by this section [amending this section and ] shall apply to annuities that begin to accrue on or after .
“(2)

Exception .—

45 U.S.C. 231c(a)45 U.S.C. 231b(a)The amount of the annuity provided for a spouse under section 4(a) of the Railroad Retirement Act of 1974 () shall be computed under section 4(a)(3) of such Act, as in effect on , if the annuity amount provided under section 3(a) of such Act () for the individual on whose employment record the spouse annuity is based was computed under section 3(a)(3) of such Act, as in effect on .”
, , , provided that:

section 103(e) of Pub. L. 107–90section 103(j) of Pub. L. 107–90section 405 of Title 42Amendment by effective , see , set out as a note under , The Public Health and Welfare.

section 104(b) of Pub. L. 107–90section 104(c) of Pub. L. 107–90section 231b of this titleAmendment by effective , and applicable to annuity amounts accruing for months after Dec. 2001, see , set out as a note under .

Effective Date of 1983 Amendment

section 101(b) of Pub. L. 98–76section 101(c) of Pub. L. 98–76section 231b of this titleAmendment by effective , and applicable only with respect to awards in certain specified cases, see , set out as a note under .

Pub. L. 98–76section 102(d) of Pub. L. 98–76section 231b of this titleAmendment by section 102(b), (c) of effective , see , set out as a note under .

section 106(h) of Pub. L. 98–76section 106(k) of Pub. L. 98–76section 231a of this titleAmendment by effective , except such amendment inapplicable to certain annuity amounts, see , set out as a note under .

Pub. L. 98–76, title IV, § 406(b)97 Stat. 435

“The amendments made by this section [amending this section] shall be effective .”
, , , provided that:

Pub. L. 98–76, title IV, § 407(b)97 Stat. 435

“The amendment made by this section [amending this section] shall be effective with respect to annuities awarded on and after the date of enactment [].”
, , , provided that:

Effective Date of 1981 Amendment

Pub. L. 97–35section 1119(b)(1) of Pub. L. 97–35Pub. L. 97–35section 1119(i)(4) of Pub. L. 97–35section 1119 of Pub. L. 97–35section 1129 of Pub. L. 97–35section 231 of this titleAmendment by section 1119(b)(5), (c), (h)(3), (i)(3) of effective , amendment by not to apply with respect to annuities awarded before , amendment by section 1119(d)(2), (h)(1), (4) of effective , amendment by effective , and amendment by other provisions of effective , and applicable only with respect to annuities awarded on or after , see , set out as a note under .

Effective Date of 1976 Amendment

Pub. L. 94–547, § 2(c)90 Stat. 2525

Provided, however“The amendments made by this section [amending this section] shall be effective with respect to annuities accruing for months after the month in which this Act is enacted [October, 1976]: , That the amendments made by subsection (b) of this section [amending this section] shall not operate to decrease any annuity amounts awarded under section 4(h) of the Railroad Retirement Act of 1974 [subsec. (h) of this section] prior to the date on which these amendments become effective.”
, , , provided that: