Code of Federal Regulations · Section
§ 216.92 — Entitlement As A Spouse Or Divorced Spouse And As A Survivor
20 C.F.R. § 216.92
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If an individual is entitled to both a spouse or divorced spouse and survivor annuity, only the larger annuity will be paid. However, if the individual so chooses, he or she can receive the smaller annuity rather than the larger annuity.
Authorizing Statute
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Railroad Retirement Board45 U.S.C. § 231f