[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: 20CFR216.67]



[Page 223]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 216_ELIGIBILITY FOR AN ANNUITY--Table of Contents

 

Subpart G_Widow(er), Surviving Divorced Spouse, and Remarried Widow(er) 

                                Annuities

 

Sec.  216.67  ``Child in care.''



    (a) Railroad Retirement Act. Part 222 of this chapter sets forth 

what is required to establish that a child is in an individual's care 

for purposes of the Railroad Retirement Act. This definition is used to 

establish eligibility for the tier II component of a female spouse or 

widow(er) annuity under that Act. Under this definition a child must be 

under age 18 or under a disability before any benefit is payable based 

upon having the child in care.

    (b) Social Security Act. In order to establish eligibility for the 

tier I components of a spouse or widow(er) annuity, and eligibility for 

a surviving divorced spouse annuity based upon having a child of the 

employee in care, the definition of ``child in care'' found in the 

Social Security Act is used. Under this definition, a child must be 

under age 16 or under a disability.