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When Tier 2 Payments to a Former Spouse End
(Posted July 26, 2005)
Question 552: If I receive part of my husband's Tier 2 Railroad Retirement under the terms of a divorce decree, would those payments continue as survivor benefits if he were to die before me? Or would payments cease upon his death?
Answer: The portion of your former husband's Tier 2 benefit paid to you under a divorce decree would end with his death. If he died "insured for survivor benefits," you could receive a survivor benefit as a "surviving divorced spouse" at 62 if that benefit were higher than the Social Security benefit you receive.
Under Railroad Retirement, a survivor benefit is paid only if the worker had at least 10 years of service (5 years, after 1995) and a "Current Connection." Otherwise, the worker's railroad credits are sent to Social Security and used in calculating any survivor benefit paid by Social Security.
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