[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: 20CFR222.43]



[Page 439]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 222_FAMILY RELATIONSHIPS--Table of Contents

 

     Subpart E_Relationship as Parent, Grandchild, Brother or Sister

 

Sec.  222.43  How the one-half support determination is made.



    (a) Amount of contributions. The employee provides one-half support 

to a person if the employee makes regular contributions to that person's 

support, and the amount of the contributions is equal to or in excess of 

one-half of the person's ordinary and necessary living expenses. 

Ordinary and necessary living expenses are the costs for food, clothing, 

housing, routine medical care, and similar necessities. A contribution 

may be in cash, goods, or services (see Sec.  222.42 of this part). For 

example, an employee pays rent and utilities amounting to $6,000 per 

year on an apartment in which his mother resides. In addition, the 

employee's mother receives $3,600 per year in social security benefits 

which she uses to pay for her food, clothing and medical care. The 

mother's total necessary living expenses are $9,600 ($6,000 + $3,600). 

Since the employee contributes $6,000 toward these expenses, he is 

contributing in excess of one-half of his mother's support.

    (b) Reasonable period of time. The employee is not providing at 

least one-half of a person's support unless the employee has made 

contributions for a reasonable period of time. Ordinarily, the Board 

will consider a reasonable period of time to be the 12-month period 

immediately preceding the time when the one-half support requirement 

must be satisfied. However, if the employee provided one-half or more of 

the person's support for at least 3 months of the 12-month period, and 

was forced to stop or reduce contributions because of circumstances 

beyond his or her control, such as illness or unemployment, and no one 

else took over responsibility for providing at least one-half of the 

person's support on a permanent basis, three months shall be considered 

a reasonable period of time.