[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: 20CFR222.17]



[Page 433]

 

                      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.  222.17  ``Child in care'' when child of the employee is living 

with the claimant.



    ``Child in care'' means a child who has been living with the 

claimant for at least 30 consecutive days unless--

    (a) The child is in active military service;

    (b) The child is 18 years old (16 with respect to male spouse, 

divorced spouse, surviving divorced spouse, or remarried widow(er) 

annuities) or older and is not disabled;

    (c) The child is 18 years old (16 with respect to male spouse, 

divorced spouse, surviving divorced spouse, or remarried widow(er) 

annuities) or older with a mental disability and the claimant does not 

exercise parental control and responsibility; or

    (d) The child is 18 years old (16 with respect to male spouse, 

divorced spouse, surviving divorced spouse, or remarried widow(er) 

annuities) or older with a physical disability, but it is not necessary 

for the claimant to perform personal services for the child.

    (e) Parental control and responsibility for the care and welfare of 

the child means that the parent supervises the child's activities and 

makes important decisions about the child's needs either alone or with 

another person. Personal services are services such as dressing, feeding 

and managing money which the child cannot do alone because of a 

disability.