While the agency will honor a compliant decree of divorce, legal separation, annulment or a related, court-approved property settlement, the agency’s Office of General Counsel must review and approve the document before the agency will process the property division. See 20 C.F.R. §295.4.
Note: Any provision of an order that attempts to divide an employee's Tier I component or that requires payment of a divorced spouse benefit or a survivor benefit under the RRA will be disregarded. Any provision contrary to the RRA will also be disregarded.
The following steps must be taken before the property division will be put in place:
- Submission of certified copy of the order
A certified copy of any decree awarding a separated spouse or former spouse a property interest in an employee's benefits must be sent to:
U.S. Railroad Retirement Board
Office of General Counsel
844 North Rush Street
Chicago, IL 60611-1275
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Note: The name and social security number of the employee and the current mailing address of both parties and/or their counsel must be included in the submission.
- Approval Letter from the Office of General Counsel
If the Office of General Counsel determines the submitted order is compliant, the parties and their counsel will receive an approval letter from the Office of General Counsel. The letter will also include a separated/former spouse agreement and direct deposit form. Both forms must be completed and returned before payments may begin.
Note: The separated/former spouse agreement is updated on a regular basis. A blank form will be sent upon document approval, do not include a pre-drafted form in the initial paperwork submission.
Important: If the Office of General Counsel determines that the submitted order is not compliant, or if the partition language contains an unresolvable ambiguity, the parties will receive a non-compliance letter that will explain the issues preventing approval.