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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Does Age Determine When a Former Spouse Receives a Share of Tier 2?

(Posted June 17, 2006)

Question 581: I am a divorced man with 30 years of railroad service. I plan to retire at age 60. My ex-wife is several years younger than I am. The divorce settlement provides a percentage of Tier 2 for my ex-wife.

Will I collect 100% of the Tier 2 benefit until my ex-wife reaches age 60?

Whose reponsibility is it to notify the RRB of the divorce settlement award?

Answer: Your former spouse will be entitled to the share of your Tier 2 as soon as you retire and begin to receive Railroad Retirement benefits. Age is not a factor.

Both parties are responsible for notifying the Railroad Retirement Board of the divorce settlement. You should send a copy of the final divorce decree to the Deputy General Counsel, U.S. Railroad Retirement Board, 844 North Rush Street, Chicago IL 60611. Be sure to include your 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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