[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR222.33]

[Page 418]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 222_FAMILY RELATIONSHIPS--Table of Contents
 
                     Subpart D_Relationship as Child
 
Sec. 222.33  Relationship resulting from legal adoption.

    (a) Adopted by employee. A claimant will be considered to be the 
child of the employee for both annuity and lump-sum payment purposes if 
the employee legally adopted the claimant in accordance with applicable 
State law. Legal adoption differs from equitable adoption in that in the 
case of legal adoption formal adoption proceedings have been completed 
in accordance with applicable State law and such proceedings are not 
defective.
    (b) Adopted by widow or widower. A claimant who is legally adopted 
by the widow or widower of the employee after the employee's death will 
be considered to be the child of the employee for annuity but not for 
lump-sum payment purposes if--
    (1) Either the claimant is adopted by the widow or widower within 
two years after the date on which the employee died, or the employee 
commenced proceedings to legally adopt the claimant before the 
employee's death; and
    (2) The claimant was living in the employee's household at the time 
of the employee's death; and
    (3) The claimant was not receiving regular support contributions 
from any other person other than the employee or spouse at the time of 
the employee's death.
    (c) The adoption laws of the state or foreign country where the 
adoption took place, not the state inheritance laws, will determine 
whether the claimant is the employee's adopted child.

[54 FR 42949, Oct. 19, 1989, as amended at 65 FR 20727, Apr. 18, 2000]