U n i t e d S t a t e s G o v e r n m e n t

M e m o r a n d u m

FORM G-115f (1*92)

R a il r o a d R e t ir e m e n t B o a r d

October 10,2003

L-2003-14

TO

FROM

Robert E. Bergeron 

Assistant to the Labor M em ber

M arguerite P. D ad ab o 

Assistant G eneral Counsel

SUBJECT : M arriage of Disabled Child Survivor Annuitant

This is in response to your request for a formal legal opinion regarding 

w hether th e provision of the Social Security Act, w hich allows for ah 

exception to the g en eral rule that a disabled child beneficiary’s 

entitlem ent term inates w hen he/she marries, also exists for individuals 

entitled to a disabled child's annuity under the Railroad Retirement Act 

(RRA). As explained below , it is our opinion th at such exception d o es not 

ap p ly to a n individual entitled to a survivor annuity u nder the RRA as the 

disabled child of a d e c e a s e d railroad worker.

The facts of the c a se brought to your attention a re outlined below . Ruth is 

th e child of a d e c e a s e d railroad worker a n d has b e e n entitled to a 

disabled child's annuity under the RRA since 1978. Ruth m arried John on 

July 29,2000. The Railroad Retirement Board (RRB) b e c a m e a w a re of the 

m arriage tw o years later a n d term inated her annuity. Consequently, the 

co u p le's monthly incom e w as red u ced by m ore than $900.00 a n d an 

o v erpaym ent in excess of $20,000.00 w as assessed. A d e b t specialist 

recently w aived recovery of the overpaym ent, finding th at Ruth w as 

without fault in causing th e overpaym ent a n d th at recovery of the 

o v erpaym ent would b e contrary to the purpose of th e Railroad 

Retirem ent Act. Reportedly, John receives Supplem ental Social Security 

Incom e, as well as.a disability benefit under the Social Security Act.
The statutory provision w hich required th e term ination of Ruth's disabled 

child's annuity is found in su b p arag rap h (7) of subsection 5(d) of th e RRA 

(45 U.S.C. § 23Id(d)(7)), w hich provides th at th e entitlem ent of a child of a 

d e c e a s e d em p lo y ee to a n annuity shall en d , inter alia, on th e last d a y of 

th e m onth p reced in g th e m onth in which h e or she marries. A similar 

provision is found in su b p arag rap h (1 )(D) of subsection 202(d) of th e Social 

Security Act. See 42 U.S.C. § 402(d)(1 )(D). However, section 202(d) of the 

Social Security A ct also includes an exception to th e g en eral rule th at a 

d isab led child beneficiary's entitlem ent ends upon m arriage. The 

ex cep tio n is found in su b p arag rap h (5) of subsection 202(d), w hich 

provides that, in th e c a s e of a child w ho has attain e d th e a g e of eig h teen 

a n d w ho marries a person also entitled to specific benefits u nder the 

Social Security Act, then such child's entitlem ent to benefits shall not b e 

term inated by reason of such m arriage.

The m arriage exception n o ted a b o v e w as a d d e d to th e Social Security 

A ct in 1958. The exception w as not incorporated into th e Railroad 

Retirem ent Act of 1937, e x c e p t insofar as th e “overall social security 

minimum" of section 3(e) applied. See Legal Opinions L-58-479 a n d 

L-64-244. Therefore, the introduction of the exception did not h a v e any 

direct effect on th e eligibility or entitlem ent of a disabled child to a n 

annuity under th e RRA. The m ethod of com putation of survivor annuities 

w as c h a n g e d to a tier basis with the e n a c tm e n t of th e RRA of 1974. As 

th e overall social security minimum no longer applies to survivor annuity 

calculations, the m arriage exception no longer co m es into play w hen 

com puting a survivor annuity under the RRA. A review of the legislative 

history failed to reveal why Congress did not include such a n exception in 

th e RRA. However, the Suprem e Court has held th at term inating a 

disabled child's benefit upon the m arriage of such child is unquestionably 

valid. See Califano v. Jobst. 434 U.S. 47,54,54 L.Ed. 2d, 228,235,97 S.Ct.

95 (1977) involving the term ination of a disabled child's social security 

benefit upon her m arriage to a perm anently disabled individual not 

entitled to benefits under the Social Security Act.

S u b p arag rap h (7) of subsection 5(d) of the RRA specifically provides that 

a disabled child's annuity term inates upon m arriage. No exception to this 

provision is found in the statute. The statutory la n g u a g e is unequivocal in 

th a t a disabled child's entitlem ent to a survivor annuity term inates upon 

m arriage. Consequently, until Congress am en d s the RRA to provide 

otherwise, a n individual's entitlem ent to a disabled child's survivor annuity 

u n d er the RRA ends on th e last d ay of th e m onth p reced in g the m onth in 

w hich he or she marries.
You also inquired as to th e im p act of the term ination of th e disabled 

child's annuity on th e treatm en t of the c a s e for financial in terch an g e 

purposes. As n o ted a b o v e , th e m arriage of a disabled child beneficiary 

to an o th er disabled beneficiary is not a term inating e v e n t un d er the 

Social Security Act. Accordingly, the disabled child's m arriage w ould not 

im p act th e treatm en t of th e c a s e under section 7(c)(2) of th e Railroad 

Retirem ent Act.

c c : Director of Administration

Director of Programs 

Director of Hearings a n d A ppeals

fyn~ NVRusselkcmw

l:\OPINIONS\OPINIONS\Marriage - Disabled C hild.doc
U n i t e d S t a t e s G o v e r n m e n t

M e m o r a n d u m

FORM G-11Sf (142)

R a il r o a d R e t ir e m e n t B o a r d

October 10,2003

L-2003-U

TO : Robert E. Bergeron

Assistant to th e Labor M em ber

FROM M arguerite P. D a d ab o

Assistant G eneral Counsel x ~v

SUBJECT : M arriage of Disabled Child Survivor Annuitant

This is in response to your request for a formal legal opinion regarding 

w hether-the provision of th e Social Security Act, w hich allows for ah 

exception to the gen eral rule th at a disabled child beneficiary's 

entitlem ent term inates w hen h e/sh e marries, also exists for individuals 

entitled to a disabled child's annuity under the Railroad Retirement Act 

(RRA). As explained below , it is our opinion th at such exception d o es not 

ap p ly to a n individual entitled to a survivor annuity u nder the RRA as the 

disabled child of a d e c e a s e d railroad worker.

The facts of the c a se brought to your attention a re outlined below . Ruth is 

th e child of a d e c e a s e d railroad worker a n d has b e e n entitled to a 

disabled child's annuity under the RRA since 1978. Ruth m arried John on 

July 29,2000. The Railroad Retirement Board (RRB) b e c a m e a w a re of the 

m arriage two years later a n d term inated her annuity. Consequently, the 

c o u p le's monthly incom e w as red u c ed by m ore than $900.00 a n d an 

o v erpaym ent in excess of $20,000.00 w as assessed. A d e b t specialist 

recently w aived recovery of the overpaym ent, finding th at Ruth w as 

without fault in causing th e overpaym ent a n d th at recovery of the 

overpaym ent would b e contrary to the purpose of th e Railroad 

Retirement Act. Reportedly, John receives Supplem ental Social Security 

Incom e, as well as a disability benefit under the Social Security Act.
The statutory provision which required the term ination of Ruth's disabled 

child's annuity is found in su b p arag rap h (7) of subsection 5(d) of th e RRA 

(45 U.S.C. § 231d(d)(7)), which provides th at the entitlem ent of a child of a 

d e c e a s e d em p lo y ee to a n annuity shall en d , inter alia, on th e last d a y of 

th e m onth p reced in g th e m onth in which h e or she marries. A similar 

provision is found in su b p arag rap h (1)(D) of subsection 202(d) of th e Social 

Security Act. S ee 42 U.S.C. § 402(d)(1)(D). However, section 202(d) of the 

Social Security A ct also includes an exception to the g en eral rule th at a 

d isab led child beneficiary's entitlem ent ends upon m arriage. The 

ex ceptio n is found in su b p arag rap h (5) of subsection 202(d), w hich 

provides th at, in th e c a s e of a child w ho has a ttain ed th e a g e of eighteen 

a n d w ho marries a person also entitled to specific benefits un d er the 

Social Security Act, then such child's entitlem ent to benefits shall not b e 

term in ated by reason of such m arriage.

The m arriage exception n oted a b o v e w as a d d e d to th e Social Security 

A ct in 1958. The exception w as not incorporated into th e Railroad 

Retirem ent Act of 1937, e x c e p t insofar as the "overall social security 

minimum" of section 3(e) applied. See Legal Opinions L-58-479 a n d 

L-64-244. Therefore, the introduction of the exception did not h a v e any 

d irect e ffect on th e eligibility or entitlem ent of a disabled child to a n 

annuity u n d er th e RRA. The m ethod of com putation of survivor annuities 

w as c h a n g e d to a tier basis with the e n ac tm en t of th e RRA of 1974. As 

th e overall social security minimum no longer applies to survivor annuity 

calculations, th e m arriage exception no longer co m es into play w hen 

com puting a survivor annuity under the RRA. A review of th e legislative 

history failed to reveal why Congress did not include such a n exception in 

th e RRA. However, the Suprem e Court has held th at term inating a 

disab led child's benefit upon the m arriage of such child is unquestionably 

valid. See C alifano v. Jobst. 434 U.S. 47,54,54 L.Ed. 2d, 228,235,97 S.Ct.

95 (1977) involving the termination of a disabled child's social security 

benefit u p o n her m arriage to a perm anently disabled individual not 

entitled to benefits under the Social Security Act.

S u b p arag rap h (7) of subsection 5(d) of the RRA specifically provides that 

a disab led child's annuity term inates upon m arriage. No exception to this 

provision is found in the statute. The statutory la n g u a g e is unequivocal in 

th a t a disabled child's entitlem ent to a survivor annuity term inates upon 

m arriage. C onsequently, until Congress am en d s the RRA to provide 

otherwise, a n individual's entitlem ent to a disabled child's survivor annuity 

u n d er the RRA ends on the last d ay of the m onth p reced in g th e m onth in 

w hich h e or she marries.
You also inquired as to th e im p a ct of the term ination of th e disabled 

child’s annuity on th e treatm en t of th e c a s e for financial in terch an g e 

purposes. As n o ted a b o v e , th e m arriage of a disabled child beneficiary 

to an o th er disabled beneficiary is not a term inating e v en t u n d er th e 

Social Security Act. Accordingly, the disabled child's m arriage w ould not 

im p a ct th e treatm en t of th e c a s e under section 7(c)(2) of th e Railroad 

Retirem ent Act.

c c : Director of Administration

Director of Programs 

Director of Hearings a n d A ppeals

fyp-—

NVRusselkcmw

l:\OPINIONS\OPINIONS\Marriage - Disabled C hild.doc