[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: 20CFR234.21]



[Page 493]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 234_LUMP-SUM PAYMENTS--Table of Contents

 

                    Subpart B_Lump-Sum Death Payment

 

Sec.  234.21  Definitions of ``living with'' and ``living in the same 

household.''



    (a) Living with. A widow(er) is considered ``living with'' the 

employee at the time of the employee's death, if one of the following 

conditions applies:

    (1) The employee and spouse were members of the same household;

    (2) The spouse was receiving regular contributions for support from 

the employee; or

    (3) The employee was under court order to contribute to the spouse's 

support.

    (b)(1) Living in the same household. An employee and spouse were 

``living in the same household'' if they lived together as a married 

couple in the same residence. However, an employee and spouse, who were 

temporarily living apart, will be considered ``living in the same 

household'' if there was intent to share the same residence had the 

employee not died. The Board will usually assume that a married couple 

was living apart temporarily, if the separation was caused by 

circumstances beyond their control, for example, ill health, financial 

difficulties, service with the Armed Forces, or confinement in a 

curative, custodial, or penal institution.

    (2) If the employee and spouse were separated solely for medical 

reasons, the Board will consider them ``living in the same household,'' 

even if the separation was likely to be permanent.