[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: 20CFR295.3]

[Page 512-513]
 
                      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. 295.3  Documentation and service.

    (a) Court decree or property settlement. The Board will honor a 
court decree or a property settlement which meets the following 
criteria:
    (1) The court decree or property settlement must provide that the 
spouse or former spouse is awarded payments from railroad retirement 
annuities payable to the railroad employee.
    (2) The court decree or property settlement must specify an amount 
to be paid to the spouse or former spouse.
    (3) The court decree or property settlement must obligate the Board 
to make payments directly to the spouse or former spouse.
    (4) The court decree or property settlement must clearly identify 
both the employee and the spouse or former spouse to whom payments are 
to be made.
    (5) The court decree or property settlement submitted to the Board 
must be a recently certified copy of the document filed with the court. 
Where the award is made in an order modifying and earlier court decree, 
copies of both the original decree and the subsequent order must be 
furnished. In the case of a court-approved property settlement, both the 
settlement and any decree or order incorporating or approving the 
settlement must be provided.
    (b) Date of decree. While only benefits payable for months after 
August, 1983 are subject to this part, the date the decree is entered or 
the property settlement is approved may precede September 1, 1983. A 
subsequent modification of a decree which was entered or a property 
settlement which was approved prior to September 1, 1983 must be in 
accord which the law of the jurisdiction in which the original decree 
was entered or the property settlement was approved.
    (c) Supporting documentation. The spouse or former spouse shall 
submit such additional documentation as the Board shall require, 
including but not limited to:
    (1) Identifying information concerning the employee such as social 
security number, railroad retirement claim number, full name, date of 
birth, and current address.
    (2) Identifying information concerning the spouse or former spouse 
such as social security number, full name, and current address.
    (3) A statement that--
    (i) No condition of the law of the jurisdiction in which the decree 
was entered or the property settlement approved and no condition 
contained in the decree or agreement which requires termination of 
payment has occurred;
    (ii) If any such condition does occur, the spouse or former spouse 
will immediately notify the Board; and
    (iii) The spouse or former spouse agrees to repay any erroneous 
payment arising from occurrence of any such condition.
    (d) Delivery. Any court decree or property settlement must be 
delivered by certified or registered mail, return receipt requested, or 
by personal service, to the Deputy General Counsel of the Railroad 
Retirement Board, 844 Rush Street, Chicago, Illinois 60611. Where the 
decree or property settlement is delivered to any other office of

[[Page 513]]

the Board, it shall not be considered delivered until the date it is 
received by the Deputy General Counsel. Where the decree or property 
settlement was furnished to any office of the Board prior to September 
1, 1983, delivery is not accomplished until a copy is received by the 
Deputy General Counsel subsequent to August 30, 1983.

(Approved by the Office of Management and Budget under control number 
3220-0042)