[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: 20CFR222.34]



[Page 437]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 222_FAMILY RELATIONSHIPS--Table of Contents

 

                     Subpart D_Relationship as Child

 

Sec.  222.34  Relationship resulting from equitable adoption.



    In many States, where a legal adoption proceeding was defective 

under State law or where a contemplated legal adoption was not 

completed, a claimant may be considered to be an equitably adopted 

child. A claimant will have the relationship of an equitably adopted 

child for annuity and lump-sum payment purposes if, in addition to 

meeting the other requirements of this part--

    (a) The employee had agreed to adopt the claimant; and

    (b) The natural parents or the person legally responsible for the 

care of the claimant agreed to the adoption; and

    (c) The employee and the claimant lived together as parent and 

child; and

    (d) The agreement to adopt is recognized under applicable State law 

such that, if the employee were to die without leaving a will, the 

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

child of the employee.