[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: 20CFR295.3]



[Page 531-532]

 

                      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.  295.3  Documentation and service.



    (a) Court decree or property settlement. The Board will honor a 

court decree or a property settlement which meets the following 

criteria:

    (1) The court decree or property settlement must provide that the 

spouse or former spouse is awarded payments from railroad retirement 

annuities payable to the railroad employee.

    (2) The court decree or property settlement must specify an amount 

to be paid to the spouse or former spouse.

    (3) The court decree or property settlement must obligate the Board 

to make payments directly to the spouse or former spouse.

    (4) The court decree or property settlement must clearly identify 

both the employee and the spouse or former spouse to whom payments are 

to be made.

    (5) The court decree or property settlement submitted to the Board 

must be a recently certified copy of the document filed with the court. 

Where the award is made in an order modifying and earlier court decree, 

copies of both the original decree and the subsequent order must be 

furnished. In the case of a court-approved property settlement, both the 

settlement and any decree or order incorporating or approving the 

settlement must be provided.

    (b) Date of decree. While only benefits payable for months after 

August, 1983 are subject to this part, the date the decree is entered or 

the property settlement is approved may precede September 1, 1983. A 

subsequent modification of a decree which was entered or a property 

settlement which was approved prior to September 1, 1983 must be in 

accord which the law of the jurisdiction in which the original decree 

was entered or the property settlement was approved.

    (c) Supporting documentation. The spouse or former spouse shall 

submit such additional documentation as the Board shall require, 

including but not limited to:

    (1) Identifying information concerning the employee such as social 

security number, railroad retirement claim number, full name, date of 

birth, and current address.

    (2) Identifying information concerning the spouse or former spouse 

such as social security number, full name, and current address.

    (3) A statement that--

    (i) No condition of the law of the jurisdiction in which the decree 

was entered or the property settlement approved and no condition 

contained in the decree or agreement which requires termination of 

payment has occurred;

    (ii) If any such condition does occur, the spouse or former spouse 

will immediately notify the Board; and

    (iii) The spouse or former spouse agrees to repay any erroneous 

payment arising from occurrence of any such condition.

    (d) Delivery. Any court decree or property settlement must be 

delivered by certified or registered mail, return receipt requested, or 

by personal service, to the Deputy General Counsel of the Railroad 

Retirement Board, 844 Rush Street, Chicago, Illinois 60611. Where the 

decree or property settlement is delivered to any other office of



[[Page 532]]



the Board, it shall not be considered delivered until the date it is 

received by the Deputy General Counsel. Where the decree or property 

settlement was furnished to any office of the Board prior to September 

1, 1983, delivery is not accomplished until a copy is received by the 

Deputy General Counsel subsequent to August 30, 1983.



(Approved by the Office of Management and Budget under control number 

3220-0042)