[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: 20CFR222.35]



[Page 437-438]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 222_FAMILY RELATIONSHIPS--Table of Contents

 

                     Subpart D_Relationship as Child

 

Sec.  222.35  Relationship as stepchild.



    A claimant will be considered to have the relationship of stepchild 

of an employee, and will be considered a child for annuity but not for 

lump-sum benefit purposes if--

    (a) The claimant's natural or adoptive parent married the employee 

after the claimant's birth; and

    (b) The marriage between the employee and the claimant's parent is a 

valid marriage under applicable State law (see Sec. Sec.  222.12 and 

222.13), or would be valid except for a legal impediment; and

    (c) The employee and the claimant's parent were married at least one 

year before the date--

    (1) On which the spouse applies for an annuity based on having the 

employee's child in care; or

    (2) On which the employee's annuity can be increased under the 

social security overall minimum provision; or

    (d) The employee and the claimant's parent were married at least 

nine months before the date on which the employee died if the claimant 

is applying for a child's annuity; or if the employee and the claimant's 

parent were married less than nine months, the employee was reasonably 

expected to live for nine months, and--

    (1) The employee's death was accidental; or

    (2) The employee died in the line of duty as a member of the armed 

forces of the United States; or



[[Page 438]]



    (3) The widow(er) was previously married to the employee for at 

least nine months.