[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: 20CFR222.52]



[Page 440]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 222_FAMILY RELATIONSHIPS--Table of Contents

 

                 Subpart F_Child Support and Dependency

 

Sec.  222.52  When a legally adopted child is dependent--general.



    (a) During employee's lifetime. If the employee adopts a child 

before he or she could become entitled to a social security benefit 

(treating his or her railroad compensation as wages under that Act), the 

child is considered dependent upon the employee. If the employee adopts 

a child, unless the child is his natural child or stepchild, after he or 

she could become entitled to an old age or disability benefit under the 

Social Security Act (treating his or her railroad compensation as wages 

under that Act), the child is considered dependent on the employee only 

if the requirements of Sec.  222.53 are met.

    (b) After employee's death. If the surviving spouse of an employee 

adopted a child after the employee's death, the child is considered 

dependent on the employee if either--

    (1) The employee began proceedings to adopt the child prior to his 

or her death, or the surviving spouse adopted the child within two years 

after the employee's death; and

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

the employee's death; and

    (3) The child was not receiving regular contributions from any 

person, including any public or private welfare organization, other than 

the employee or spouse at the time of the employee's death.