[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR295.2]

[Page 501]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 295--PAYMENTS PURSUANT TO COURT DECREE OR COURT-APPROVED PROPERTY SETTLEMENT--Table of Contents
 
Sec. 295.2  Definitions.

    As used in this part--
    Act means the Railroad Retirement Act.
    Court means any court of competent jurisdiction of any state, the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, American 
Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust 
Territory of the Pacific Islands; any court of the United States (as 
defined in section 451 of title 28 of the United States Code) having 
competent jurisdiction; any Indian court as defined by section 1301 of 
title 25 of the United States Code; or any court of competent 
jurisdiction of a foreign country with which the United States has an 
agreement requiring the United States to honor any court order of such 
country.
    Court decree means a final decree of divorce, dissolution, 
annulment, or legal separation issued by a court (including a final 
decree or order modifying the terms of a previously issued decree of 
divorce, dissolution, annulment, or legal separation), which is issued 
in accordance with the laws of the jurisdiction of that court and which 
provides for the division of property.
    Division of property means any transfer of property or its value by 
an individual to his or her spouse or former spouse in compliance with 
any community property settlement, equitable distribution of property, 
or other distribution of property between spouses or former spouses, 
which is intended as a present and complete settlement of the property 
rights of the parties.
    Employee means an individual who is or was formerly an employee as 
defined by part 203 of this chapter.
    Final decree means a decree from which no appeal may be taken or 
from which no appeal has been taken within the time allowed for taking 
such appeals under the laws applicable to such appeals, or a decree from 
which timely appeal has been taken and such appeal has been finally 
decided under the laws applicable to such appeals.
    Property settlement means an agreement between the parties to a suit 
for divorce, dissolution, annulment or legal separation in which they 
expressly agree to a division of their property rights, and which is 
incorporated in the final decree; is filed with the court in connection 
with a suit for divorce, dissolution, annulment or legal separation; or 
is otherwise presented to the court in a suit in accordance with the law 
of the jurisdiction. An agreement assigning or transferring property 
between spouses is not within the purview of this part unless it is 
subsequently approved by a court in connection with a suit for divorce, 
dissolution, annulment or legal separation.
    Spouse or former spouse means the husband or wife, or former husband 
or wife, respectively, of an employee who, on or before the date of a 
court order, was married to the employee.