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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Divorced Spouse Entitled to Portion of Rail Worker's Tier 2

(Posted July 9, 2014)

Question 1152: My husband is receiving benefits through the Railroad Retirement Board. He has 20 years with the railroad. We are divorcing after 26 years of marriage. We have split all assests equally under our property settlement (including all bank accounts, 401(k)s and pensions). On July 26 he will be 66 years old. I'm only 53 and disabled. Will I be able to receive my benefits as a divorced spouse? I so, will I have to call the RRB to get the paperwork started for myself?

Answer: You are entitled to a portion of your former husband's Tier 2 because of the property settlement in your final divorce decree. Those payments will begin as soon at the Railroad Retirement awards him an annuity. You should call the Railroad Retirement Board to confirm that they have a copy of your final divorce decree and your current address. Their toll-free number is: (877) 772-5772.


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.


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