[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: 20CFR222.56]



[Page 441-442]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 222_FAMILY RELATIONSHIPS--Table of Contents

 

                 Subpart F_Child Support and Dependency

 

Sec.  222.56  When a grandchild or stepgrandchild is dependent.



    An employee's grandchild or stepgrandchild, as described in Sec.  

222.36, is considered dependent on the employee if the requirements in 

both paragraphs (a) and (b), or paragraph (c) of this section are met:

    (a) The grandchild or stepgrandchild was living with the employee 

before



[[Page 442]]



the grandchild or stepgrandchild attained age 18.

    (b) The grandchild or stepgrandchild 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 could become entitled to an age and service or 

disability annuity under the Social Security Act (treating his or her 

railroad compensation as wages under that Act); or

    (2) The employee dies; or

    (3) The employee becomes entitled to a period of disability that 

lasts until he or she could become entitled to a social security benefit 

as described above or until he or she dies.

    (c) In the case of a grandchild or stepgrandchild born within the 

one-year period referred to in paragraph (b) of this section, at the 

close of such period the child must have been living with and 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 or 

stepgrandchild was born. ``Substantially all'' is defined in Sec.  

222.53.