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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Rail Worker Has Multiple Marriages

(Posted October 26, 2014)

Question 1202: I am the 3rd wife of a Union Pacific Railroad employee, does his 1st, and 2nd wife get a retirement from tier II, when they turn 62?

The 1st wife he was married less than 2 years. His second wife married 10 years, and we will have been married 9 years next month. Seeing this track record, what if I end up not being married the longest out of the 3, will that make a difference, in the amount out of the Tier II? He is at 22 years with the railroad and can retire in 8 years at age 65.

Answer: The length of marriage does not affect the amount of Tier 2 paid to a spouse. Normally a current spouse will receive 45% of the rail worker's Tier 2. Previous spouses do not receive any of the rail worker's Tier 2 unless the Tier 2 was divided 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.

Copyright 1997-2017 Robert S. Kaufman
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