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 Summary of RRB Requirements for a Partition Order
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          Attorney's Guide to the Partition of Railroad Retirement Annuities (07-20)
          Summary of RRB Requirements for a Partition Order
 Topics
    

      
              Purpose of this Guide
          The Railroad Retirement Act
          Employee Retirement Income Security Act (ERISA)
          Funding of Railroad Retirement Annuities
          Railroad Retirement Annuity Components
          Statement or Estimate of Railroad Retirement Benefits
          Summary of RRB Requirements for a Partition Order
          Railroad Retirement Disability Annuities are Subject to Division
          RRB Action on Receipt of Decree or Court Order
          Termination of Partition
          Effect of Ambiguity and Other Provisions
          Name and Address Changes
          Legal Process for Enforcement of Support Obligations (Garnishment)
          Appendix A - Frequently Asked Questions
          Appendix B - Sample Award Language
          Appendix C - Sample Court Order
          PDF Version
          Appendix D: Form G-177C (08-07) Divorced Spouse Annuity Requirements Summary of RRB Requirements for a Partition Order
							 
							
							
            The RRB's regulations implementing section 14(b)(2) of the RRA (45 U.S.C. § 231m(b)(2)) have been published as Part 295 of Chapter II of Title 20 of the Code of Federal Regulations. The RRB will honor a decree of divorce, legal separation or annulment (or a court-approved property settlement incident to such a decree) that complies with these regulations. 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 (20 CFR § 295.2).
	**Statutory Authority.**The decree or order must provide for the division of the employee's benefits under the RRA, as distinguished from payments under a private pension plan (20 CFR § 295.3(a)(1)).
	**Final Disposition of Property.**The decree or order must provide for the division of the employee's benefits as part of a final disposition of property between the parties, rather than as an award of spousal support (20 CFR § 295.3).**Division of Certain Benefits Only**

The decree or order may notdivide the tier I amount (20 CFR §§ 295.1(b) and 295.5(a)). The RRB will apply a decree only to the employee's non-tier I benefits regardless of the wording of a decree (20 CFR § 295.4(b)).

**Statement of Award**

A decree or order may state the partition award as a percentage, dollar amount, or as a fraction of the employee's benefits subject to division (see Appendix B for sample language; also see the RRB's web site). The RRB will deduct any amount or fraction allowed under state law, but the RRB will not deduct an amount greater than the total benefits subject to division payable to the employee for any month.

**Service of Certified Copy**

A certified copy of any decree awarding a spouse or former spouse an interest in an employee's benefits must be forwarded to:

**Office of General Counsel**
			U.S. Railroad Retirement Board
			844 North Rush Street
			Chicago, IL 60611-1275
			 
			Email:
						LAW@rrb.govFax:
						(312) 751-7102The accompanying correspondence must identify the employee by name and social security number and should include the current mailing addresses of both parties and/or their counsel.

**Obligation of Spouse**

The spouse or former spouse of an employee must complete an Agreement of Spouse or Former Spouseas a condition for receiving payment of the partition award.. The spouse or former spouse will also be required to complete a Direct Deposit sign-up form. It is also the responsibility of the spouse or former spouse to keep the RRB informed of any changes in his or her address. Such changes must include the employee's name and social security number, to assure proper filing and notification of the spouse or former spouse. If an employee is currently being paid an annuity, the spouse or former spouse's timely response upon receipt of such notice is very important. See RRB Action on Receipt of Decree or Court Orderfor additional information.

**When Payments Begin**

Payments from the employee's annuity pursuant to the decree may begin with the employee's annuity beginning date; a date specified in the decree; the month of the Office of General Counsel receives the decree; or the first month in which both parties attain (or would have attained) age 62, depending on the particular circumstances of the case.
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 Last updated: 03/21/2023