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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Amount of Tier 2 Awarded in a Divorce

(Posted May 26, 2010)

Question 754: Assuming a spouse gets a part of a railroad worker's Tier 2 in a
divorce decree, what percentage is it, usually? What happens if the railroad worker dies?

Answer: The amount awarded to the spouse when the rail worker's Tier 2 is divided in a divorce depends entirely on the agreement between the parties. There is no predetermined percentage.

The Railroad Retirement Act was amended a couple of years ago to provide that Tier 2 payments to a spouse continue after the rail worker's death.


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.


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