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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Tier 2 Payments to Former Spouse After Rail Worker's Death

(Posted March 1, 2008)

Question 655: Does a former spouse continue to receive a portion of the Tier 2 if the rail worker dies first?

Answer: Payments to a former spouse of the portion of Tier 2 determined in a divorce property settlement can continue if the rail worker dies first, if (1) the rail worker's dies after August 16, 2007, and (2) the final divorce decree does not specifically end the payments at the death of the rail worker.

The law does not allow for reinstating payments for rail worker deaths before August 17, 2007.


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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