# 218.13 When a widow(er) annuity begins.
(a) A widow(er) annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law.
(b) *Earliest date permitted by law*—(1) *Full-age annuity.* The earliest date permitted by law is the latest of—
(i) The first day of the month in which the employee dies;
(ii) The first day of the month in which the claimant attains full retirement age; or
(iii) The first day of the sixth month before the month in which the application is filed.
(2) *Reduced-age annuity*—(i) *Widow(er) age 60 through age 62.* The earliest date permitted by law is the latest of—
(A) The first day of the month in which the employee dies;
(B) The first day of the month in which the claimant attains age 60; or
(C) The first day of the sixth month before the month in which the application is filed.
(ii) *Widow(er) over age 62 but under full retirement age.* The earliest date permitted by law is the latest of—
(A) The first day of the month in which the employee dies;
(B) The first day of the month in which the claimant attains age 62 and one month; or
(C) The first day of the month in which the application is filed.
(3) *Disability annuity.* The earliest date permitted by law is the latest of—
(i) The first day of the month in which the employee dies;
(ii) The first day of the month in which the claimant attains age 50;
(iii) The first day of the twelfth month before the month in which the application is filed; or
(iv) The first day of the sixth month after the month of disability onset.
(4) *“Child in care” annuity.* The earliest date permitted by law is the latest of—
(i) The first day of the month in which the employee dies;
(ii) The first day of the month in which the claimant becomes eligible for a widow(er) annuity based on having a “child in care” as explained in part 216 of this chapter; or
(iii) The first day of the sixth month before the month in which the application is filed.
[54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003]