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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Former Spouse Begins to Receive Her Portion of Tier 2 When Rail Worker Is Awarded Annuity

(Posted October 17, 2014)

Question 1194: A rail worker will have 40 years of service at age 60. His ex-spouse has a divorce decree awarding her a percentage of the worker's Tier 2 at the time of the divorce. She will only be age 47. Will she be able to draw an annuity at 47, or must she wait until she turns 60?

Answer: The former wife's share of Tier 2 begins when the rail worker is awarded an annuity.

There is no age requirement to receive the share of Tier 2 awarded by the Final divorce decree.


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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