[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR222.35]

[Page 439-440]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 222_FAMILY RELATIONSHIPS--Table of Contents
 
                     Subpart D_Relationship as Child
 
Sec.  222.35  Relationship as stepchild.

    A claimant will be considered to have the relationship of stepchild 
of an employee, and will be considered a child for annuity but not for 
lump-sum benefit purposes if--
    (a) The claimant's natural or adoptive parent married the employee 
after the claimant's birth; and
    (b) The marriage between the employee and the claimant's parent is a 
valid marriage under applicable State law (see Sec. Sec.  222.12 and 
222.13), or would be valid except for a legal impediment; and
    (c) The employee and the claimant's parent were married at least one 
year before the date--
    (1) On which the spouse applies for an annuity based on having the 
employee's child in care; or
    (2) On which the employee's annuity can be increased under the 
social security overall minimum provision; or
    (d) The employee and the claimant's parent were married at least 
nine months before the date on which the employee died if the claimant 
is applying for a child's annuity; or if the employee and the claimant's 
parent were married less than nine months, the employee was reasonably 
expected to live for nine months, and--
    (1) The employee's death was accidental; or
    (2) The employee died in the line of duty as a member of the armed 
forces of the United States; or

[[Page 440]]

    (3) The widow(er) was previously married to the employee for at 
least nine months.