[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: 20CFR222.53]

[Page 442-443]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 222_FAMILY RELATIONSHIPS--Table of Contents
 
                 Subpart F_Child Support and Dependency
 
Sec.  222.53  When a legally adopted child is dependent--child adopted after 

entitlement.

    A child who is not the employee's natural child, stepchild, 
grandchild, or stepgrandchild, and who is adopted by the employee after 
the employee could become entitled to an old age or disability benefit 
under the Social Security Act (treating his or her railroad

[[Page 443]]

compensation as wages under that Act), is considered dependent on the 
employee during the employee's lifetime only if the requirements in 
paragraphs (a) and (b), and either (c) or (d) of this section are met:
    (a) The child is adopted in the United States;
    (b) The child began living with the employee before the child 
attained age 18;
    (c) The child is living with the employee in the United States and 
received 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 a social security benefit 
as described above; or
    (2) The employee becomes entitled to a period of disability which 
continues until he or she could become entitled to a social security 
benefit as described above.
    (d) In the case of a child born within the one-year period stated in 
paragraph (c) of this section, at the close of such period the child 
must have been living with and have been 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 child was born.
    (e) ``Substantially all'' means--
    (1) The child was living with and receiving one-half support from 
the employee when the employee could have become entitled to a social 
security benefit as described above; and
    (2) Any period during which the child was not living with or 
receiving one-half support from the employee is not more than one-half 
the period from the child's birth to the employee's date of entitlement 
or three months, whichever is less.