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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Follow-up to Q&A 1194

(Posted October 22, 2014)

Question 1198: This is a follow-up to Q&A 1194. If the railroad worker's ex-wife were older than the railroad worker, and the railroad worker elects to continue working until he is 70, does that mean the ex-wife can't collect his or her portion of the Tier II until the railroad worker retires?

Answer: In order for the former spouse to receive his or her share of the rail worker's Tier 2, the worker has to be awarded a Railroad Retirement Annuity. But the law allows the former spouse to collect a Divorced Spouse Annuity at 62 even if the rail worker hasn't retired.

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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