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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Can Former Wife Sue Rail Worker for Back Tier 2 Payments?

(Posted March 26, 2011)

Question 810: Can my ex-wife sue me for back Tier 2 Payments?

Answer: In answering your question, I'm asuming that your divorce decree provided for the division of your Tier 2 payments between you and your wife.

The Railroad Retirement Board (RRB) is responsible for implementing the agreement. Their General Counsel(GC) has ruled that payments to the former spouse begin with the month that a copy the final divorce decree is filed with the RRB-GC. The former spouse is not entitled an any "back payments."

I suggest that you contact your divorce attorney for legal advice.


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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