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Office Email
LAW@rrb.gov

B. Mechanics of Operation

B. Mechanics of Operation

 

FOIA provides that “any person,” including corporations, associations, and foreign persons, entities and governments, may request agency records. Agency compliance is subject to the requester's willingness to pay search, copying, and for commercial requesters, review fees unless waived by the agency. FOIA does not impose any “need to know” requirement on requesters, and an agency must disclose any requested information that is not exempted.

  • Read more about B. Mechanics of Operation

A. Overview

A. Overview

 

Because the RRB administers a comprehensive program of railroad retirement, unemployment, and sickness benefits for railroad workers, it also maintains information about individuals which may not be disclosed in response to a FOIA request. The Railroad Retirement Act, the Railroad Unemployment Insurance Act, and the Privacy Act restrict the disclosure of information about individuals.

  • Read more about A. Overview

I. The Freedom of Information Act

I. The Freedom of Information Act

 

  • Read more about I. The Freedom of Information Act

Frequently Asked Questions

Frequently Asked Questions

 

1.    Does the employee have a divisible account balance?

An employee does not have a divisible account balance with respect to any specific time period. The agency cannot establish a separate account for the share awarded to a separated spouse or former spouse.

2.    What happens to a partitioned annuity upon the death of the employee or the separated spouse or former spouse?

  • Read more about Frequently Asked Questions

Enforcement of Support Obligations

Enforcement of Support Obligations

 

 

An employee's annuity, including Tier I benefits, is subject to support enforcement, accounting for applicable state and federal exemptions. See 20 C.F.R pt.350.

RRA annuity payments (and payments under the Railroad Unemployment Insurance Act) may be subject to an employee's legal obligation to provide child support or alimony (maintenance). Documents related to child support, alimony, or maintenance should be directed to:

  • Read more about Enforcement of Support Obligations

Information Available to Assist in Dividing Benefits

Information Available to Assist in Dividing Benefits

 

Statement of Railroad Retirement Benefits 
If the employee is retired, the agency will provide a report of the amount of the monthly annuity. This will include a breakdown of the divisible and non-divisible components.

  • Read more about Information Available to Assist in Dividing Benefits

Disclosure of Employee Benefit Information

Disclosure of Employee Benefit Information

 

The agency cannot estimate the present value of future benefits. The agency will only provide information that is maintained in its official records. However, the agency will only provide information about the employee to another party if the employee authorizes the release.

Information concerning an individual is not subject to disclosure through subpoena. The agency treats a subpoena as a request for a benefit report or estimate. See 20 CFR §§ 200.8 and 295.6. See also Hubbard v. Southern Railway Company, 179 F. Supp. 244 (D.C. M.D. Ga., 1959). 

  • Read more about Disclosure of Employee Benefit Information

Name and Address Changes

Name and Address Changes

 

It is the separated/former spouse’s responsibility to notify the agency of any changes in their name and/or their mailing address.

The Office of General Counsel is not involved in the name or address change process. Any name or address changes must be submitted to an agency Field Office.

The changes must be submitted with the employee's name and social security number. This ensures proper filing and notification.

Failure to report a name or address change without referring to the employee's social security number may result in missed payments.

  • Read more about Name and Address Changes

Partition Payment Termination

Partition Payment Termination

 

The payment of a partition award to a separated/former spouse will terminate on:

  1. Specified Court Ordered Date -- The first day of the month in which a terminating event specified in the decree occurs; or
  2. Separated/former Spouse Death -- The month prior to the month in which the separated/former spouse died.

The RRA allows for the continued payment of a partition award after the employee's death until the death of the separated/former spouse, unless the decree or order provides for an earlier termination date. See 45 U.S.C. 231m.

  • Read more about Partition Payment Termination

Sample Award Language to Include in a Divorce Decree

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  

  • Read more about Sample Award Language to Include in a Divorce Decree

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