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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Divorce Settlement Not Clear on Division of Tier 2 Benefit

(Posted September 21, 2006)

Question 600: I was divorced in 1988 after 10 years of marriage. My divorce settlement calls for my former husband to provide all documents needed for me to get his pension. He did not do this. The settlement does not specify a particular amount to be paid to me. How will the Railroad Retirement Board come up with the figure I will draw? I have forwarded the divorce settlement to the RRB.

Answer: You need to see what the Railroad Retirment Board says after it reviews the information you sent. There might be a problem because the settlement does not specify the portion of your former husband's Tier 2 to which you are entitled.

If the Railroad Retirement Board does not accept the divorce settlement, you might want to consult an attorney for further legal guidance as to what will need to be done to revise the settlement agreement so as to be acceptable to the Railroad Retirement Board. You should try to find an attorney who is experienced in handling divorce property settlements involving the division of pension benefits.

Author's Note--

The posting of the 600th question is an important milestone for this column. When I began writing the column in 1997, I had no idea the popularity it would develop.

I want to thank the loyal readers who continue to poise interesting questions which often challange me! My objective in this "pro bono" effort is to help in the understanding of a very complex and ever-changing unique retirement system. I also want to thank webmaster Dave Baker for his continued support and assistance.

I am looking forward to the next 600 questions!

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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