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BenefitsLink > Q&A Columns >

Stop, Look & Listen: Railroad Retirement Benefits Q&A

Answers are provided by Robert S. Kaufman

RRB Rejects Partition of Annuity

(Posted June 9, 2014)

Question 1138: I divorced in 2001. In the court orders, my ex (who was the railroad worker) was to pay me 15 years of his pension. I recieved a letter from the RRB saying the document DOES NOT COMPLY with the regulations of the Board. Language in the partition award attempts to set up an account for me, which they say is not permissible. They also say I need to send a QDRO back to the court for approval. Can you help me?

Answer: The RRB can only divide the rail worker's Tier 2 if the final divorce decree specifies a monthly amount or a percentage of the monthly annuity rate to be paid to the spouse.

You should contact the attorney who handled your divorce and ask him or her to contact the General Counsel's Office at the Railroad Retirement Board. The attorney can assist you in preparing a new order for the divorce court to approve as a QDRO.

Important notice:

Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner or to readers. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of this and similar situations.

The law in this area changes frequently. Answers are believed to be correct as of the posting dates shown. The completeness or accuracy of a particular answer may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.) that occur after the date on which a particular Q&A is posted.

Copyright 1997-2017 Robert S. Kaufman
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