[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: 20CFR222.36]



[Page 438]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 222_FAMILY RELATIONSHIPS--Table of Contents

 

                     Subpart D_Relationship as Child

 

Sec.  222.36  Relationship as grandchild or stepgrandchild.



    A claimant will have the relationship of grandchild or 

stepgrandchild of an employee, or the grandchild or stepgrandchild of an 

employee's spouse, and be considered a child for annuity purposes if the 

requirements in both paragraph (a) and either paragraph (b) or (c) of 

this section are met.

    (a) The claimant is the natural child, adopted child, or stepchild 

of a child of an employee, or of a child of the employee's spouse as 

defined in this subpart;

    (b) The claimant's natural or adoptive parents are deceased or are 

disabled, as defined in section 223(d) of the Social Security Act, in 

the month in which--

    (1) The employee, who is entitled to an age and service or 

disability annuity, under the Railroad Retirement Act, would also be 

entitled to an age benefit under section 202(a) of the Social Security 

Act or a disability benefit under section 223 of the Social Security 

Act, if his or her railroad compensation were considered wages under 

that Act; or

    (2) The employee dies; or

    (3) The employee's period of disability begins, if the employee has 

a period of disability which continues until he or she could be entitled 

to a social security benefit as described in paragraph (b)(1) of this 

section or until he or she dies.

    (c) The claimant was legally adopted in the United States by the 

employee's widow(er) after the employee's death, and the claimant's 

natural or adoptive parent or stepparent was not living in the 

employee's household and making regular contributions to the claimant's 

support at the time the employee died.

    Note: A grandchild or stepgrandchild does not have the relationship 

of ``child'' for lump-sum payment purposes (see Sec.  222.44).