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Partitioned Tier 2 Payments End With Death of Rail Worker
(Posted April 6, 2003)
Question 238: Please refer to Q&A 236 of this column; could Tier 2 payments awarded to a divorced spouse (through a property settlement) continue after the rail worker's death?
Answer: No; Tier 2 payments end with the death of the rail worker.
The divorced wife could qualify for either a Surviving Divorced Spouse benefit or for a Remarried Widow's benefit.
To get a Surviving Divorced Spouse benefit, the marriage must have lasted at least 10 years and the surviving spouse must be at least 60 (or 50 if disabled) and cannot be married. To get a Remarried Widow's benefit, the surviving spouse must meet the preceding requirements and can only remarry after reaching 60.
Survivor benefits based on divorce are restricted to the amount that the Social Security Administration would pay if railroad service were covered under Social Security. Such benefits also are reduced by any Social Security benefit the divorced spouse is entitled to receive.
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law to the particular facts of this and similar situations.
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