[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: 20CFR219.51]



[Page 254-255]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 219_EVIDENCE REQUIRED FOR PAYMENT--Table of Contents

 

                  Subpart D_Other Evidence Requirements

 

Sec.  219.51  Evidence to prove ``living with''.



    The following evidence may be required:

    (a) If the employee is alive, both the employee and his or her 

spouse must sign a statement that they are living together in the same 

household when the spouse applies for a spouse's annuity as a deemed 

spouse.

    (b) If the employee is dead, the widow or widower must sign a 

statement showing whether he or she was living together in the same 

household with the employee when the employee died.

    (c) If the employee and spouse, widow or widower were temporarily 

living apart, a signed statement is required explaining where each was 

living, how long the separation lasted, and the reason for separation. 

If more evidence is required to remove any reasonable doubt about the 

temporary nature of the separation, the Board may ask for sworn 

statements of other persons having personal knowledge of the facts or 

for other convincing evidence.

    (d) If the employee and spouse, widow, or widower were not living in 

the same household, the Board may ask for evidence that the employee was 

contributing to or under court order to contribute to the support of his 

or her spouse, widow, or widower. Evidence of contributions or a 

certified copy of the order for support may be requested. The court 

order for support must be in effect on the day the spouse applies for



[[Page 255]]



a spouse's annuity or, if the employee is dead, the day of the 

employee's death. This type of evidence does not apply for purposes of 

establishing a deemed valid marriage. (See part 222 of this chapter.) A 

deemed spouse, widow, or widower must furnish evidence as described in 

paragraphs (a) and (b) of this section.



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

3220-0030)