20 CFR 216.92 - Entitlement as a spouse or divorced spouse and as a survivor.

Regulations last checked for updates: Feb 10, 2026

Title 20 - Employees' Benefits last revised: Oct 27, 2026

View all text of Subpart J [§ 216.90 - § 216.94]

§ 216.92 - Entitlement as a spouse or divorced spouse and as a survivor.

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.

authority: 45 U.S.C. 231f.

source: 56 FR 28692, June 24, 1991, unless otherwise noted.

cite as: 20 CFR 216.92