[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: 20CFR219.30]



[Page 250]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 219_EVIDENCE REQUIRED FOR PAYMENT--Table of Contents

 

                   Subpart C_Evidence of Relationship

 

Sec.  219.30  When evidence of marriage is required.





    (a) When an application is filed for benefits. Documentary evidence 

of marriage is required when an individual files for a monthly annuity, 

lump-sum death payment, residual lump sum, or Medicare coverage, as the 

wife, husband, widow, widower, divorced spouse or surviving divorced 

spouse, or stepparent of the employee. A claimant may also be required 

to submit evidence of another person's marriage when that person's 

marriage is necessary to determine the applicant's entitlement to 

benefits under the Railroad Retirement Act.

    (b) State law. In deciding whether the marriage to the employee is 

valid or not, in a case where the employee is living, the Board will 

follow the law of the state where the employee had a permanent home when 

the applicant filed an application; in a case where the employee is 

dead, the Board will follow the law of the state where the employee had 

a permanent home when he or she died.

    (c) Types of evidence. What evidence will be required depends on 

whether the employee's marriage was a ceremonial marriage, a common-law 

marriage, or a marriage that can be deemed to be valid.