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  <FDSYS>
    <CFRTITLE>20</CFRTITLE>
    <CFRTITLETEXT>Employees' Benefits</CFRTITLETEXT>
    <VOL>1</VOL>
    <DATE>2010-04-01</DATE>
    <ORIGINALDATE>2010-04-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Who is an employee's widow(er).</TITLE>
    <GRANULENUM>216.65</GRANULENUM>
    <HEADING>Section 216.65</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 20" SEQ="4">Employees' Benefits</PARENT>
      <PARENT HEADING="CHAPTER II" SEQ="3">RAILROAD RETIREMENT BOARD</PARENT>
      <PARENT HEADING="SUBCHAPTER B" SEQ="2">REGULATIONS UNDER THE RAILROAD RETIREMENT ACT</PARENT>
      <PARENT HEADING="PART 216" SEQ="1">ELIGIBILITY FOR AN ANNUITY</PARENT>
      <PARENT HEADING="Subpart G" SEQ="0">Widow(er), Surviving Divorced Spouse, and Remarried Widow(er) Annuities</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 216.65</SECTNO>
    <SUBJECT>Who is an employee's widow(er).</SUBJECT>
    <P>An individual who was married to the employee at the employee's death is the deceased employee's widow(er) if he or she:</P>
    <P>(a) Was married to the employee for at least 9 months before the day the employee died;</P>
    <P>(b) Is the natural parent of the employee's child;</P>
    <P>(c) Was married to the employee when either the employee or the widow(er) adopted the other's child, or they both legally adopted a child who was then under 18 years old;</P>
    <P>(d) Was married to the employee less than 9 months before the employee died but, at the time of marriage, the employee was reasonably expected to live for 9 months; and</P>
    <P>(1) The employee's death was accidental;</P>
    <P>(2) The employee died in the line of duty while he or she was serving active duty as a member of armed forces of the United States; or</P>
    <P>(3) The surviving spouse was previously married to the employee for at least 9 months;</P>
    <P>(e) Was entitled in the month before the month of marriage to either:</P>
    <P>(1) A benefit under section 202 of the Social Security Act as a widow, widower, spouse (divorced spouse, surviving divorced spouse), father, mother, parent, or disabled child; or</P>

    <P>(2) An annuity under the Railroad Retirement Act as a widow, widower, <PRTPAGE P="233"/>divorced spouse, or surviving divorced spouse, parent or disabled child; or</P>
    <P>(f) Could have been entitled to a benefit listed in paragraph (e) of this section, if the widow(er) had applied and been old enough to qualify therefor in the month before the month of marriage.</P>
  </SECTION>
</CFRGRANULE>
