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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

More Information For Divorced Spouses

(Posted February 22, 2003)

Question 217: I'm 61 and unmarried. I divorced a rail worker after 28 years of marriage. I already receive a portion of his Tier 2 under the terms of our property settlement. Will I be eligible for Tier 1 when I retire next year at 62? How will this benefit affect my Social Security?

Answer: You will eligible for Railroad Retirement at 62 because you were married for more than 10 years and you are not currently married. (See Q&A 216 of this column for more information.)

But this benefit will be reduced by the amount of your Social Security benefits. So you will not receive the full amount, and you may not receive anything if your Social Security benefits are greater.

You should contact the Railroad Retirement Board at least 3 months before the month you are 62 for further information and assistance in filing a claim.

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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