The agency will honor a decree of divorce, legal separation, annulment or a related, court-approved property settlement that complies with the agency’s regulations. See 20 C.F.R. pt. 295.
The key provisions of the regulations are as follows:
Final Decree
The decree or order must be final and issued in accordance with the laws of the jurisdiction of that court and which provides for the division of property. 20 C.F.R. § 295.2.
Statutory Authority
The decree or order must state that it provides for the division of the employee's benefits under the Railroad Retirement Act. The decree or order must obligate the Railroad Retirement Board to pay the separated/former spouse, and the decree or order must specify the amount the separated/former spouse is to be paid. 20 C.F.R. § 295.3(a)(1)-(3).
Statement of Award
A decree or order must clearly state the partition award as a percentage, fixed dollar amount, or as a fraction of the employee's benefits subject to division. Sample language is provided in the Sample Language section.
Under the RRA there is no defined marital portion. The parties, not the agency, determine the amount of the partition award.
The agency will deduct any amount or fraction allowed under state law, but the agency will not deduct an amount greater than the total benefits.
Final Disposition of Property
The decree or order must divide the employee's benefits as part of a final disposition of property between the parties. 20 C.F.R. § 295.3.
The benefits cannot be assigned from the employee to the separated/former spouse.
The decree or order may not divide the Tier I component. 20 C.F.R. §§ 295.1(b) and 295.5(a).
The agency will only apply a decree or order to the employee's non-Tier I benefits regardless of the decree or order’s language. 20 C.F.R. § 295.4(b).
The divisible components cannot be used to award spousal support, maintenance, or alimony.
Note: The Divorced Spouse Annuity is a separate benefit that a former spouse must apply for through the agency’s field offices. The Office of General Counsel is not involved in the application process for these benefits. A court cannot award a Divorced Spouse Annuity as part of a divorce decree or property settlement. To be eligible for a Divorced Spouse Annuity, the former spouse must meet the statutory requirements. See FAQ #9.