(a) Court decree or property settlement. The Board will honor a court decree or a property settlement which meets the following criteria:
(1) The court decree or property settlement must provide that the spouse or former spouse is awarded payments from railroad retirement annuities payable to the railroad employee.
(2) The court decree or property settlement must specify an amount to be paid to the spouse or former spouse.
(3) The court decree or property settlement must obligate the Board to make payments directly to the spouse or former spouse.
(4) The court decree or property settlement must clearly identify both the employee and the spouse or former spouse to whom payments are to be made.
(5) The court decree or property settlement submitted to the Board must be a recently certified copy of the document filed with the court. Where the award is made in an order modifying and earlier court decree, copies of both the original decree and the subsequent order must be furnished. In the case of a court-approved property settlement, both the settlement and any decree or order incorporating or approving the settlement must be provided.
(b) Date of decree. While only benefits payable for months after August, 1983 are subject to this part, the date the decree is entered or the property settlement is approved may precede September 1, 1983. A subsequent modification of a decree which was entered or a property settlement which was approved prior to September 1, 1983 must be in accord which the law of the jurisdiction in which the original decree was entered or the property settlement was approved.
(c) Supporting documentation. The spouse or former spouse shall submit such additional documentation as the Board shall require, including but not limited to:
(1) Identifying information concerning the employee such as social security number, railroad retirement claim number, full name, date of birth, and current address.
(2) Identifying information concerning the spouse or former spouse such as social security number, full name, and current address.
(3) A statement that—
(i) No condition of the law of the jurisdiction in which the decree was entered or the property settlement approved and no condition contained in the decree or agreement which requires termination of payment has occurred;
(ii) If any such condition does occur, the spouse or former spouse will immediately notify the Board; and
(iii) The spouse or former spouse agrees to repay any erroneous payment arising from occurrence of any such condition.
(d) Delivery. Any court decree or property settlement must be delivered by certified or registered mail, return receipt requested, or by personal service, to the General Counsel of the Railroad Retirement Board, 844 Rush Street, Chicago, Illinois 60611. Where the decree or property settlement is delivered to any other office of the Board, it shall not be considered delivered until the date it is received by the General Counsel. Where the decree or property settlement was furnished to any office of the Board prior to September 1, 1983, delivery is not accomplished until a copy is received by the General Counsel subsequent to August 30, 1983.
(Approved by the Office of Management and Budget under control number 3220-0042)
[51 FR 12845, Apr. 16, 1986, as amended at 73 FR 47046, Aug. 13, 2008]
Title 20 published on 2012-04-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.