[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: 20CFR222.18]



[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.  222.18  ``Child in care'' when child of the employee is not living 

with the claimant.



    (a) When child is in care. A child living apart from a claimant is 

in that claimant's care if--

    (1) The child lives apart or is expected to live apart from the 

claimant for not more than six months; or

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

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

annuities), the claimant supervises the child's activities and makes 

important decisions about his or her needs, and one of the following 

circumstances applies:

    (i) The child is living apart because of attendance at school but 

generally spends a vacation of at least 30 consecutive days with the 

claimant each year, and, if the claimant and the child's other parent 

are separated, the school must look to the claimant for decisions about 

the child's welfare.

    (ii) The child is living apart because of the claimant's employment 

but the claimant makes regular and substantial contributions to the 

child's support. ``Contributing to support'' is defined in Sec.  222.42.

    (iii) The child is living apart because of the child's or the 

claimant's physical disability; or

    (3) 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 mentally disabled and the claimant supervises 

the child's activities, makes important decisions about the child's 

needs, and helps in the child's upbringing and development.

    (b) When child is not in care. A child livng apart from a claimant 

is not in the claimant's care if--

    (1) The child is in active military service; or

    (2) The child is living with his or her other parent; or

    (3) A court order removed the child from the claimant's custody and 

control; or

    (4) The claimant gave the right to custody and control of the child 

to someone else; or

    (5) The claimant is mentally disabled.



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