[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: 20CFR222.20]



[Page 434]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 222_FAMILY RELATIONSHIPS--Table of Contents

 

Subpart C_Relationship as Divorced Spouse, Surviving Divorced Spouse, or 

                           Remarried Widow(er)

 

Sec.  222.20  When determination of relationship as divorced spouse, 

surviving divorced spouse, or remarried widow(er) is made.





    (a) Divorced spouse. The claimant's relationship as the divorced 

spouse of an employee is determined when the purported divorced spouse 

applies for an annuity, or when there is a claim which would include a 

divorced spouse in the computation of the social security overall 

minimum provision. Such a determination is also made when a spouse 

annuitant age 62 or over secures a final divorce from the employee after 

10 years of marriage.

    (b) Surviving divorced spouse. The claimant's relationship as the 

surviving divorced spouse of an employee is determined when the 

purported surviving divorced spouse applies for an annuity on the basis 

of age, disability, or having a child in care. Such a determination is 

also made when there is a divorced spouse annuitant and the employee 

dies.

    (c) Remarried widow(er). The claimant's relationship as a remarried 

widow(er) of an employee is determined when the purported remarried 

widow(er) applies for an annuity. Such a determination is also made when 

a widow(er) who is receiving an annuity remarries after age 60, or when 

a widow(er) who is receiving a disability annuity remarries after age 

50.