Sample Award Language to Include in a Divorce Decree

A partition award paragraph may be included directly in the divorce decree itself. Below are three sample paragraphs containing compliant partition award language:

Formula Award

[SPOUSE'S NAME] is awarded, and the Railroad Retirement Board is directed to pay, an interest in the portion of [EMPLOYEE'S NAME] benefits under the Railroad Retirement Act which may be divided as provided by section 14 of that Act. 45 U.S.C. § 231m. [SPOUSE'S NAME] share shall be computed by multiplying the divisible portion of [EMPLOYEE'S NAME] monthly benefit by a fraction, the numerator of which is the number of months [EMPLOYEE'S NAME] worked for a railroad employer during the period of the marriage [MONTH/YEAR] through [MONTH/YEAR], and the denominator of which shall be [EMPLOYEE'S NAME] total number of months employed by a railroad employer at retirement, and then dividing the product by two.

Note: This example provides an equal division of property in proportion to the period of the marriage, but parties may revise the formula to produce a different division.

Percentage Award

Note: When using the Percentage Award language, make sure the award will produce the intended result. If the order provides for a percentage award but does not specify a particular point in time, the award will be based on all railroad service throughout the employee's career, regardless of the period of the marriage. If the order specifies that the percentage is awarded as of a specific date, the award will be based on the employee's railroad service through the specified date, regardless of the period of the marriage AND the award will be converted to a fixed dollar award (see below).

Fixed Dollar Award
[SPOUSE'S NAME] is awarded, and the Railroad Retirement Board is directed to pay, an interest in the portion of [EMPLOYEE'S NAME] benefits under the Railroad Retirement Act which may be divided as provided by section 14 of that Act. 45 U.S.C. § 231m. [SPOUSE'S
NAME] share shall be computed as an amount equal to [DOLLAR AMOUNT] of [EMPLOYEE'S NAME] monthly divisible benefits.

Sample Separate Court Order (QDRO)
If a partition was contemplated in the court decree, but compliant language was not included, then a separate court order is necessary to partition the divisible portion of the employee’s annuity.
[CASE CAPTION]

ORDER DIVIDING RAILROAD RETIREMENT BENEFITS

1. The purpose of this order is to divide [EMPLOYEE’S NAME] non-Tier I benefits under the Railroad Retirement Act as part of a final distribution of property between the parties. The parties in this action were divorced by order of this court entered [DATE].

2. The court finds in accord with the law of this state that [EMPLOYEE’S NAME] non-Tier I benefits under the Railroad Retirement Act are marital/community property between the parties and may be allocated by order of this court. The Railroad Retirement Act prohibits any allocation of [EMPLOYEE’S NAME] Tier I benefits. The Railroad Retirement Board administers the Railroad Retirement Act.

3a. The name and address of the employee are: [INSERT EMPLOYEE’S NAME AND ADDRESS]

3b. The name and address of the spouse/former spouse are: [INSERT SPOUSE’S NAME AND ADDRESS]

It is therefore ordered that: [Insert sample award paragraph; see Sample Award Language to Include in a Divorce Decree]

5. A court-certified copy of this order shall be served upon:
Office of General Counsel
U.S. Railroad Retirement Board
844 North Rush Street
Chicago, IL 60611-1275-1275

6. So Ordered this ________ of __________________, _______.
                [insert date]
    ___________________________________
    Judge
Attorney for employee
[INSERT NAME AND ADDRESS OF LAW FIRM, if law firm was used]
Attorney for spouse
[INSERT NAME AND ADDRESS OF LAW FIRM, if law firm was used]

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