[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: 20CFR222.54]



[Page 441]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 222_FAMILY RELATIONSHIPS--Table of Contents

 

                 Subpart F_Child Support and Dependency

 

Sec.  222.54  When a legally adopted child is dependent--grandchild 

or stepgrandchild adopted after entitlement.



    If an employee legally adopts his or her grandchild or the spouse's 

grandchild after he 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 grandchild 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 grandchild is adopted in the United States.

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

grandchild attained age 18.

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

and receives at least one-half of his or her support from the employee 

for the year before the month in which--

    (1) The employee's annuity was increased under the social security 

overall minimum provision by including the grandchild; or

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

as described above; or

    (3) 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 grandchild born within the one-year period 

referred to 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 grandchild was born. 

``Substantially all'' is defined in Sec.  222.53.