20 CFR § 228.21 - Entitlement as a spouse or divorced spouse and as a survivor.
---
identifier: "/us/cfr/t20/s228.21"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 228.21 - Entitlement as a spouse or divorced spouse and as a survivor."
title_number: 20
title_name: "Employees' Benefits"
section_number: "228.21"
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: "228"
part_name: "COMPUTATION OF SURVIVOR ANNUITIES"
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: "60 FR 16368, Mar. 30, 1995, unless otherwise noted."
cfr_part: "228"
---
# 228.21 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 may receive the smaller annuity rather than the larger annuity.