CFR > Title 20 - Employees' Benefits > CHAPTER II—RAILROAD RETIREMENT BOARD > SUBCHAPTER B—REGULATIONS UNDER THE RAILROAD RETIREMENT ACT (parts 201 to 295) > PART 216—ELIGIBILITY FOR AN ANNUITY > SUBPART G—Widow(er), Surviving Divorced Spouse, and Remarried Widow(er) Annuities (§216.60 to §216.68) > 216.65—Who is an employee's widow(er).

216.65—Who is an employee's widow(er).

An individual who was married to the employee at the employee's death is the deceased employee's widow(er) if he or she:
(a) Was married to the employee for at least 9 months before the day the employee died;
(b) Is the natural parent of the employee's child;
(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;
(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
(1) The employee's death was accidental;
(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
(3) The surviving spouse was previously married to the employee for at least 9 months;
(e) Was entitled in the month before the month of marriage to either:
(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
(2) An annuity under the Railroad Retirement Act as a widow, widower, divorced spouse, or surviving divorced spouse, parent or disabled child; or
(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.