TN 33 (08-23)

RS 00202.085 Spouse's Prior or Potential Entitlement to RR Annuity

A. Policy

Choosing a residual RR lump-sum payment precludes future entitlement to RR benefits.

If the election takes place before the first day of the month before the month of marriage, there cannot be potential entitlement in that month.

If the election is in or after the month of marriage, the claimant is potentially entitled in that month if otherwise qualified.

Before disallowing any claim where the claimant has elected a residual, examine the SS E/R of the RR worker to see if they had insured status under the SS Act. Receiving a residual lump-sum payment may preclude a RR annuity but it does not eliminate the possibility of entitlement or potential entitlement under SS based solely on the former spouse's SS earnings.

B. Procedure

If the spouse:

  • has been married to the NH less than 1 year;

  • is not the natural parent of the worker's biological child; and

  • was not entitled or potentially entitled to spouse's, widow(er)'s, parent's or CDB under Title II on another E/R in the month before they married the NH.

show under “Remarks” on the application whether they were entitled or potentially entitled in that month to the pertinent RRA benefits (see RS 00202.001A). Include the RR employee's name; SSN; and RRB claim number (if actual entitlement).

Verify and document RRB entitlement or potential entitlement by telephone or mail using Form SSA-1473 (Request for RR Annuity Information). Ask the RRB about the status of the claimant for the pertinent month.

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RS 00202.085 - Spouse's Prior or Potential Entitlement to RR Annuity - 08/29/2023
Batch run: 08/29/2023