[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: 20CFR222.53]



[Page 440-441]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 222_FAMILY RELATIONSHIPS--Table of Contents

 

                 Subpart F_Child Support and Dependency

 

Sec.  222.53  When a legally adopted child is dependent--child adopted 

after entitlement.



    A child who is not the employee's natural child, stepchild, 

grandchild, or stepgrandchild, and who is adopted by the employee after 

the employee could become entitled to an old age or disability benefit 

under the Social Security Act (treating his or her railroad



[[Page 441]]



compensation as wages under that Act), is considered dependent on the 

employee during the employee's lifetime only if the requirements in 

paragraphs (a) and (b), and either (c) or (d) of this section are met:

    (a) The child is adopted in the United States;

    (b) The child began living with the employee before the child 

attained age 18;

    (c) The child is living with the employee in the United States and 

received at least one-half of his or her support from the employee for 

the year before the month in which--

    (1) The employee could become entitled to a social security benefit 

as described above; or

    (2) The employee becomes entitled to a period of disability which 

continues until he or she could become entitled to a social security 

benefit as described above.

    (d) In the case of a child born within the one-year period stated in 

paragraph (c) of this section, at the close of such period the child 

must have been living with and have been receiving at least one-half of 

his or her support from the employee for substantially all of the period 

that began on the date the child was born.

    (e) ``Substantially all'' means--

    (1) The child was living with and receiving one-half support from 

the employee when the employee could have become entitled to a social 

security benefit as described above; and

    (2) Any period during which the child was not living with or 

receiving one-half support from the employee is not more than one-half 

the period from the child's birth to the employee's date of entitlement 

or three months, whichever is less.