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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Clarification of Q&A 942

(Posted January 3, 2013)

Question 943: I would like a clarification on Q&A 942. If the rail worker has not yet attained retirement age, does Tier 1 stop accumulating when a petition for divorce is filed, or is it when a final decree is issued? I understand Tier 2 situations; I'm just not clear on the Tier 1.

Answer: I'm not an attorney nor do I give legal advice, but I know that only Tier 2 can be divided in a divorce action. Tier 1 cannot be divided.

When your attorney negotiated with your former spouse's attorney, they determined the cut-off date for crediting Tier 2 earnings. Most likely, it was the date of the final divorce decree. You should confirm this with the attorney who handled your divorce.

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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