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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Partition of Tier 2 Benefit in Divorce of Rail Worker and Spouse

(Posted September 21, 2014)

Question 1178: my ex-husband of 26 years are now divorced. It was final on May 29, 2014; I just received my papers a week ago. I called the RRB and talked to a specialist, who told me to mail in the final divorce papers along with the property settlement that was signed in February, so that the RRB legal team could review them. My ex-husband reached full retirement on July 26. He has just informed me that he already had took early retirement, without me knowing it, and that I will not get anything as a result. I am 53 and drawing my own disability.

In our property settlement, we agreed to split all pension accounts and retirements plans equality. Will I be able to collect my divorced spouse's benefit? If I can, would my benefit go back to the date when our divorce decree was final?

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Answer: Your attorney should have sent a copy of the final divorce decree and the settlement agreement to the Railroad Retirement Board. That would have ensured that your share of your former husband's Tier 2 would have started on time.

Because the legal papers were submitted after your former husband's annuity began, your payments will not start until the month after the RRB receives the legal papers.


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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