20 CFR § 216.92 - Entitlement as a spouse or divorced spouse and as a survivor.
---
identifier: "/us/cfr/t20/s216.92"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 216.92 - Entitlement as a spouse or divorced spouse and as a survivor."
title_number: 20
title_name: "Employees' Benefits"
section_number: "216.92"
section_name: "Entitlement as a spouse or divorced spouse and as a survivor."
chapter_name: "RAILROAD RETIREMENT BOARD"
subchapter_number: "B"
subchapter_name: "REGULATIONS UNDER THE RAILROAD RETIREMENT ACT"
part_number: "216"
part_name: "ELIGIBILITY FOR AN ANNUITY"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "45 U.S.C. 231f."
regulatory_source: "56 FR 28692, June 24, 1991, unless otherwise noted."
cfr_part: "216"
---
# 216.92 Entitlement as a spouse or divorced spouse and as a survivor.
If an individual is entitled to both a spouse or divorced spouse and survivor annuity, only the larger annuity will be paid. However, if the individual so chooses, he or she can receive the smaller annuity rather than the larger annuity.