[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: 20CFR222.14]



[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.  222.14  Deemed marriage relationship.



    If a ceremonial or common-law marriage relationship cannot be 

established under State law, a claimant may still be found to have the 

relationship as spouse of an employee based upon a deemed marriage. A 

claimant is deemed to be the wife, husband, or widow(er) of the employee 

if the person's marriage to the employee would have been valid under 

State law except for a legal impediment, and all of the following 

requirements are met:

    (a) The claimant married the employee in a civil or religious 

ceremony.

    (b) The claimant went through the marriage ceremony in good faith. 

Good faith means that at the time of the ceremony the claimant did not 

know that a legal impediment existed, or if the claimant did know, he or 

she thought that it would not prevent a valid marriage.

    (c) The claimant was living in the same household as the employee 

(see Sec.  222.16) when he or she applied for the spouse annuity or when 

the employee died.



[54 FR 42949, Oct. 19, 1989, as amended at 65 FR 20726, Apr. 18, 2000]