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How Benefits Can Change Upon Divorce
(Posted February 24, 2012)
Question 856: In a divorce, a rail worker's spouse the Spouse Benefit that equals 45% of the rail workers's Tier 2 benefit. Yet the divorce decree can give a portion of the rail worker's Tier 2 benefit to the divorced spouse, resulting in a lower pension for the rail worker. Am I correct?
In the 1980's several cases involving the treatment of pensions and other retirement benefits in a divorce were decided. The U.S. Supreme Court ruled that certain retirement benefits including Tier 2 are considered joint property of both parties and can be divided in a property settlement.
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