[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: 20CFR222.10]



[Page 431-432]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 222_FAMILY RELATIONSHIPS--Table of Contents

 

          Subpart B_Relationship as Wife, Husband, or Widow(er)

 

Sec.  222.10  When determinations of relationship as wife, husband, 

widow or widower of employee are made.





    (a) The claimant's relationship as the wife or husband of an 

employee is determined when the claimant applies for an annuity, or when 

there is a claim which would include a husband or wife in the 

computation of the social security overall minimum provision, or when a 

claim is filed for a lump-sum payment. If a deemed marriage (see Sec.  

222.14) is to be determined, the husband, wife, or widow(er) must also 

be found to be or to have been living in the same household as the 

employee (see Sec.  222.16).

    (b) The claimant's relationship as the widow(er) of an employee is 

determined as of the date on which the employee died. If the claimant 

applied for a lump-sum payment as the widow(er) of the employee, one of 

the following determinations is made:

    (1) Whether the widow(er) was living in the same household as the 

employee, as defined in Sec.  222.16 of this part, at the time of the 

employee's death, if the claimant is applying for the 1974 Act lump-sum 

death payment.

    (2) Whether the widow(er) was living with the employee, as defined 

in Sec.  222.15 of this part, at the time of the employee's death, if 

the claimant is applying for the 1937 Act lump-sum death payment, 

annuities due but unpaid at death, the residual lump-sum payment, or a 

lump-sum refund payment.



[[Page 432]]



    (c) In order for a claimant who has applied for a monthly survivor 

annuity to establish a deemed marriage, the claimant must have been 

living in the same household as the employee at the time of the 

employee's death (see Sec.  222.16).

    (d) If the husband, wife, widow(er), remarried widow(er), or 

surviving divorced spouse of the employee is a claimant for a monthly 

annuity on a basis other than age or disability, a child-in-care 

determination is required (see Sec. Sec.  222.17 and 222.18).