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

Answers are provided by Robert S. Kaufman

How To Get Portion of Tier 2 Benefit Provided in Divorce Decree

(Posted July 4, 2004)

Question 476: I am entitled to a part of my ex-husband's Tier 2 benefit. I will qualify for Social Security on my own. How will the Tier 2 benefit be paid?

Answer: You or your attorney should have furnished the Railroad Retirement Board's General Cousel with a copy of the divorce decree and your current address when the divorce was granted.

Your portion of the Tier 2 benefit will not be paid until your former husband retires and files for an annuity. The RRB then should notify you that your monthly payments will start as of a certain date.

Your entitlement to a Social Security benefit does not affect the amount of Tier 2 benefit you are entitled to receive from Railroad Retirement.

You can contact the RRB General Counsel at 844 North Rush Street, Chicago IL 60611, to find out if the necessary information is on file. Be sure to include your former husband's Social Security number.

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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