[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: 20CFR222.11]



[Page 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.  222.11  Determination of marriage relationship.



    A claimant will be considered to be the husband, wife, or widow(er) 

of an employee if the law of the State in which the employee has or had 

a permanent home would recognize that the claimant and employee were 

validly married, or if a deemed marriage is established.

    (a) Generally, State courts will find that a claimant and employee 

were validly married if--

    (1) The employee and claimant were married in a civil or religious 

ceremony (see Sec.  222.12) or

    (2) The employee and claimant live together in a common-law marriage 

relationship which is recognized under applicable State law (see Sec.  

222.13), and no impediment to the marriage existed at the time it took 

place.

    (b) A deemed marriage relationship may be established as described 

in Sec.  222.14.