[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: 20CFR222.32]



[Page 435-437]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 222_FAMILY RELATIONSHIPS--Table of Contents

 

                     Subpart D_Relationship as Child

 

Sec.  222.32  Relationship as a natural child.



    A claimant will be considered the natural child of the employee for 

both annuity and lump-sum payment purposes if one of the following sets 

of conditions is met:

    (a) State inheritance law. Under relevant state inheritance law, the 

claimant could inherit a share of the employee's personal estate as the 

employee's natural child if the employee were to die without leaving a 

will as described in paragraph (e) of this section;

    (b) Natural child. The claimant is the employee's natural son or 

daughter, and the employee and the claimant's mother or father went 

through a marriage ceremony which would have been valid except for a 

legal impediment;

    (c) By order of law. The claimant's natural mother or father has not 

married the employee, but--

    (1) The employee has acknowledged in writing that the claimant is 

his or her son or daughter; or



[[Page 436]]



    (2) A court has decreed that the employee is the mother or father of 

the claimant; or

    (3) A court has ordered the employee to contribute to the claimant's 

support because the claimant is the employee's son or daughter; and,

    (4) Such acknowledgment, court decree, or court order was made not 

less than one year before the employee became entitled to an annuity, or 

in the case of a disability annuitant prior to his or her most recent 

period of disability, or in case the employee is deceased, prior to his 

or her death. The written acknowledgment, court decree, or court order 

will be considered to have occurred on the first day of the month in 

which it actually occurred.

    (d) Other evidence of relationship. The claimant's natural mother or 

father has not married the employee, but--

    (1) The claimant has submitted evidence acceptable in the judgment 

of the Board, other than that discussed in paragraph (c) of this 

section, that the employee is his or her natural mother or father; and

    (2) The employee was living with the claimant or contributing to the 

claimant's support, as discussed in Sec. Sec.  222.58 and 222.42 of this 

part, when--

    (i) The spouse applied for an annuity based on having the employee's 

child in care; or

    (ii) The employee's annuity could have been increased under the 

social security overall minimum provision; or

    (iii) The employee died, if the claimant is applying for a child's 

annuity or lump-sum payment.

    (e) Use of state laws--(1) General. To determine whether a claimant 

is the natural child of the employee, the state inheritance laws 

regarding whether the claimant could inherit a child's share of the 

employee's personal property if he or she were to die intestate will 

apply. If such laws would permit the claimant to inherit the employee's 

personal property, the claimant will be considered the child of the 

employee. The state inheritance laws where the employee was domiciled 

when he or she died will apply. If the employee's domicile was not in 

one of the 50 states, the Commonwealth of Puerto Rico, the Virgin 

slands, Guam, American Samoa, or the Northern Mariana Islands, the laws 

of the District of Columbia will apply.

    (2) Standards. The Board will not apply any state inheritance law 

requirement that an action to establish paternity must have been 

commenced within a specific time period, measured from the employee's 

death or the child's birth, or that an action to establish paternity 

must have been commenced or completed before the employee's death. If 

state laws on inheritance require a court to determine paternity, the 

Board will not require such a determination, but the Board will decide 

paternity using the standard of proof that the state court would apply 

as the basis for making such a determination.

    (3) Employee is living. If the employee is living, the Board will 

apply the state law where the employee is domiciled which was in effect 

when the annuity may first be increased under the social security 

overall minimum (see part 229 of this chapter). If under a version of 

state law in effect at that time, a person does not qualify as a child 

of the employee, the Board will look to all versions of state law in 

effect from when the employee's annuity may first have been increased 

until the Board makes a final decision, and will apply the version of 

state law most favorable to the employee.

    (4) Employee is deceased. The Board will apply the state law where 

the employee was domiciled when he or she died. The Board will apply the 

version of state law in effect at the time of the final decision on the 

application for benefits. If under that version of state law the 

claimant does not qualify as the child of the employee, the Board will 

apply the state law in effect when the employee died, or any version of 

state law in effect from the month of potential entitlement to benefits 

until a final determination on the application. The Board will apply the 

version most beneficial to the claimant. The following rules determine 

the law in effect as of the employee's death:

    (i) Any law enacted after the employee's death, if that law would 

have retroactive application to the employee's date of death, will 

apply; or



[[Page 437]]



    (ii) Any law that supersedes a law declared unconstitutional, that 

was considered constitutional on the employee's date of death, will 

apply.



[65 FR 20726, Apr. 18, 2000]