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Tier 2 Benefits After Divorce
(Posted January 23, 2003)
Question 209: I know that a spouse cannot receive a Tier 2 benefit once there is a divorce. Is a rail worker required to give part of the Tier 2 to the divorced spouse (see Q&A 208)?
Answer: The Railroad Retirement program does not require that the Tier 2 be split between the worker and the spouse in a divorce, but it does permit it if the two parties agree to the division in the final divorce settlement.
In Q&A 208, the worker and the spouse had agreed to divide the worker's Tier 2 amount under their final divorce decree.
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