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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 eligible for a parent's annuity.</TITLE>
    <GRANULENUM>216.81</GRANULENUM>
    <HEADING>Section 216.81</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 I" SEQ="0">Parent's Annuity</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 216.81</SECTNO>
    <SUBJECT>Who is eligible for a parent's annuity.</SUBJECT>
    <P>(a) Where the employee is not survived by a widow(er), or child who is or ever could be entitled to an annuity as described by subpart G or H of this part, a parent of the deceased employee is eligible for both the tier I and tier II components of an annuity if he or she:</P>
    <P>(1) Is age 60 or older;</P>
    <P>(2) Has not married since the employee died;</P>
    <P>(3) Received one-half of his or her support (as defined in part 222 of this chapter) from the employee at the time the employee died; and</P>
    <P>(4) Files proof of support as provided for in paragraphs (b)(4) and (b)(5) of this section.</P>
    <P>(b) Where the employee is survived by a widow(er), or child who is or ever could be entitled to an annuity as described by subpart G or H of this part, a parent of the deceased employee is eligible for an annuity consisting of the tier I component alone if he or she:</P>
    <P>(1) Is age 60 or older;<PRTPAGE P="236"/>
    </P>
    <P>(2) Has not married since the employee died;</P>
    <P>(3) Is not in receipt of an old age benefit under the Social Security Act equal to or exceeding the amount of the parent's tier I annuity amount before it is reduced for the family maximum but after the sole survivor minimum is considered;</P>
    <P>(4) Received at least one-half of his or her support (as defined in part 222 of this chapter) from the employee either:</P>
    <P>(i) When the employee died, or</P>
    <P>(ii) At the beginning of the period of disability if the employee has a period of disability (as explained in part 220 of this chapter) which did not end before death; and</P>
    <P>(5) Files proof of support with the Board within 2 years after either:</P>
    <P>(i) The month in which the employee filed an application for a period of disability if support is to be established as of the beginning of the period of disability; or</P>
    <P>(ii) The date of the employee's death if support is to be established at that point.</P>
    <P>(c) The Board may accept proof of support filed after the 2-year period for reasons which constitute good cause to do so as that term is defined in part 219 of this chapter.</P>
  </SECTION>
</CFRGRANULE>
