[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: 20CFR234.21]

[Page 474]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 234_LUMP-SUM PAYMENTS--Table of Contents
 
                    Subpart B_Lump-Sum Death Payment
 
Sec. 234.21  Definitions of ``living with'' and ``living in the same 
household.''

    (a) Living with. A widow(er) is considered ``living with'' the 
employee at the time of the employee's death, if one of the following 
conditions applies:
    (1) The employee and spouse were members of the same household;
    (2) The spouse was receiving regular contributions for support from 
the employee; or
    (3) The employee was under court order to contribute to the spouse's 
support.
    (b)(1) Living in the same household. An employee and spouse were 
``living in the same household'' if they lived together as a married 
couple in the same residence. However, an employee and spouse, who were 
temporarily living apart, will be considered ``living in the same 
household'' if there was intent to share the same residence had the 
employee not died. The Board will usually assume that a married couple 
was living apart temporarily, if the separation was caused by 
circumstances beyond their control, for example, ill health, financial 
difficulties, service with the Armed Forces, or confinement in a 
curative, custodial, or penal institution.
    (2) If the employee and spouse were separated solely for medical 
reasons, the Board will consider them ``living in the same household,'' 
even if the separation was likely to be permanent.