[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: 20CFR222.33]



[Page 437]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 222_FAMILY RELATIONSHIPS--Table of Contents

 

                     Subpart D_Relationship as Child

 

Sec.  222.33  Relationship resulting from legal adoption.



    (a) Adopted by employee. A claimant will be considered to be the 

child of the employee for both annuity and lump-sum payment purposes if 

the employee legally adopted the claimant in accordance with applicable 

State law. Legal adoption differs from equitable adoption in that in the 

case of legal adoption formal adoption proceedings have been completed 

in accordance with applicable State law and such proceedings are not 

defective.

    (b) Adopted by widow or widower. A claimant who is legally adopted 

by the widow or widower of the employee after the employee's death will 

be considered to be the child of the employee for annuity but not for 

lump-sum payment purposes if--

    (1) Either the claimant is adopted by the widow or widower within 

two years after the date on which the employee died, or the employee 

commenced proceedings to legally adopt the claimant before the 

employee's death; and

    (2) The claimant was living in the employee's household at the time 

of the employee's death; and

    (3) The claimant was not receiving regular support contributions 

from any other person other than the employee or spouse at the time of 

the employee's death.

    (c) The adoption laws of the state or foreign country where the 

adoption took place, not the state inheritance laws, will determine 

whether the claimant is the employee's adopted child.



[54 FR 42949, Oct. 19, 1989, as amended at 65 FR 20727, Apr. 18, 2000]