20 CFR § 229.43 - When a divorced spouse can no longer be included in computing an annuity under the overall minimum.

---
identifier: "/us/cfr/t20/s229.43"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 229.43 - When a divorced spouse can no longer be included in computing an annuity under the overall minimum."
title_number: 20
title_name: "Employees' Benefits"
section_number: "229.43"
section_name: "When a divorced spouse can no longer be included in computing an annuity under the overall minimum."
chapter_name: "RAILROAD RETIREMENT BOARD"
subchapter_number: "B"
subchapter_name: "REGULATIONS UNDER THE RAILROAD RETIREMENT ACT"
part_number: "229"
part_name: "SOCIAL SECURITY OVERALL MINIMUM GUARANTEE"
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. 231(f)(b)(5)."
regulatory_source: "58 FR 53397, Oct. 15, 1993, unless otherwise noted."
cfr_part: "229"
---


# 229.43 When a divorced spouse can no longer be included in computing an annuity under the overall minimum.

A divorced spouse's inclusion in the computation of the overall minimum rate ends the earlier of:

(a) The month before the month in which the divorced spouse dies; or

(b) The month before the month the employee dies; or

(c) The month before the month in which the divorced spouse remarries; or

(d) The month before the month in which the divorced spouse becomes entitled to a retirement or disability benefit under the Social Security Act based upon a primary insurance amount which is equal to or exceeds the divorced spouse annuity before reduction for age.