[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: 20CFR222.23]



[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.  222.23  Relationship as surviving divorced spouse.



    A claimant will be considered to be the surviving divorced spouse of 

a deceased employee if the conditions in either paragraph (a) or (b) of 

this section are met:

    (a) Age or disability. The claimant applied for an annuity on the 

basis of age or disability, and the conditions set forth in Sec.  222.22 

are met.

    (b) Child in care. The claimant applied for an annuity on the basis 

of having a child in care, and--

    (1) His or her marriage to the employee has been terminated by a 

final divorce; and

    (2) He or she is not married (if the claimant remarried after the 

divorce from the employee, the later marriage has been terminated by 

death, final divorce, or annulment); and

    (3) He or she either--

    (i) Was the natural parent of the employee's child; or

    (ii) Had been married to the employee when either the employee or 

the claimant legally adopted the other's child or when they both legally 

adopted a child who was then under 18 years of age.



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