[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: 20CFR295.2]



[Page 530-531]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 295_PAYMENTS PURSUANT TO COURT DECREE OR COURT-APPROVED PROPERTY 

SETTLEMENT--Table of Contents

 

Sec.  295.2  Definitions.



    As used in this part--

    Act means the Railroad Retirement Act.

    Court means any court of competent jurisdiction of any state, the 

District of Columbia, the Commonwealth of Puerto Rico, Guam, American 

Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust 

Territory of the Pacific Islands; any court of the United States (as 

defined in section 451 of title 28 of the United States Code) having 

competent jurisdiction; any Indian court as defined by section 1301 of 

title 25 of the United States Code; or any court of competent 

jurisdiction of a foreign country with which the United States has an 

agreement requiring the United States to honor any court order of such 

country.

    Court decree means a final decree of divorce, dissolution, 

annulment, or legal separation issued by a court (including a final 

decree or order modifying the terms of a previously issued decree of 

divorce, dissolution, annulment, or legal separation), which is issued 

in accordance with the laws of the jurisdiction of that court and which 

provides for the division of property.

    Division of property means any transfer of property or its value by 

an individual to his or her spouse or former spouse in compliance with 

any community property settlement, equitable distribution of property, 

or other distribution of property between spouses or former spouses, 

which is intended as a present and complete settlement of the property 

rights of the parties.

    Employee means an individual who is or was formerly an employee as 

defined by part 203 of this chapter.



[[Page 531]]



    Final decree means a decree from which no appeal may be taken or 

from which no appeal has been taken within the time allowed for taking 

such appeals under the laws applicable to such appeals, or a decree from 

which timely appeal has been taken and such appeal has been finally 

decided under the laws applicable to such appeals.

    Property settlement means an agreement between the parties to a suit 

for divorce, dissolution, annulment or legal separation in which they 

expressly agree to a division of their property rights, and which is 

incorporated in the final decree; is filed with the court in connection 

with a suit for divorce, dissolution, annulment or legal separation; or 

is otherwise presented to the court in a suit in accordance with the law 

of the jurisdiction. An agreement assigning or transferring property 

between spouses is not within the purview of this part unless it is 

subsequently approved by a court in connection with a suit for divorce, 

dissolution, annulment or legal separation.

    Spouse or former spouse means the husband or wife, or former husband 

or wife, respectively, of an employee who, on or before the date of a 

court order, was married to the employee.