[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: 20CFR219.33]



[Page 251-252]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 219_EVIDENCE REQUIRED FOR PAYMENT--Table of Contents

 

                   Subpart C_Evidence of Relationship

 

Sec.  219.33  Evidence of a deemed valid marriage.



    (a) Preferred evidence. Preferred evidence of a deemed valid 

marriage is--

    (1) Evidence of a ceremonial marriage as described in Sec.  219.31;

    (2) If both the employee and spouse are alive, the spouse's signed 

statement that he or she went through the ceremony in good faith and his 

or her reasons for believing the marriage was valid; or if the employee 

is dead, the widow or widower's signed statement to that effect;

    (3) If required to remove a reasonable doubt, the signed statements 

of other persons who have information about what the parties knew about 

any previous marriage or other facts showing whether the parties went 

through the marriage ceremony in good faith; and

    (4) Evidence that the parties were living in the same household when 

the employee applied for payments; or, if the employee is dead, when he 

or she died. See Sec.  219.51 for the evidence required to demonstrate 

living in the same household.



[[Page 252]]



    (b) Other evidence of a deemed valid marriage. If preferred evidence 

of a deemed valid marriage cannot be obtained, the claimant must explain 

the reason therefor and submit other convincing evidence of the 

marriage.



(Approved by the Office of Management and Budget under control number 

3220-0140)