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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.
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