Skip to main content    

**2023 RUIA Tax Forms Available in myRRB - Read More...**

## Search

Search

**myRRB**

  

- Our Agency   - Agency Overview
  - Office of the Chairman     - Chairman
    - Chairman Staff Directory
  - Office of the Labor Member     - Labor Member of the Board
    - Labor Member Staff Directory
    - Pre-Retirement Seminars
    - Educational Materials
    - Questions and Answers
  - Office of the Management Member     - Management Member of the Board
    - Management Member Staff Directory
  - Office of Inspector General     - Office of Inspector General
    - Audit
    - Investigations
    - Hotline to Report Fraud, Waste and Abuse
    - Library
    - Whistleblower Protection Information
  - Organization Chart
- Benefits   - Retirement     - General Information
    - Downloadable Forms
    - myRRB
  - Survivor     - General Information 
    - Downloadable Forms
    - myRRB
  - Disability     - General Information
    - Downloadable Forms
    - myRRB
  - Unemployment     - General Information
    - Downloadable Forms
    - myRRB
  - Sickness     - General Information
    - Downloadable Forms
    - myRRB
  - Income Tax     - General Information
    - Downloadable Forms
    - myRRB
  - Medicare     - General Information
    - myRRB
  - En Español
  - myRRB
- Employers   - Employer Online Services     - ERSNet Login
    - EFTPS.gov
    - Pay.gov
  - Forms     - Rail 
    - Labor
  - Reporting Instructions     - Rail 
    - Labor 
    - Creditable Sickness
  - Publications     - Employer Exchange Newsletter
    - Program and Circular Letters 
    - Additional Information
- Resources   - Railroad Jobs
  - Legal Information     - Board Orders
    - The Federal Register 
    - Legal Opinions and Board Coverage Decisions
    - Partition of Railroad Retirement Annuities
    - Administrative Staff Manuals Index
  - Pay Debts Online
  - Office of Equal Opportunity     - Overview
    - EEO Policies
    - Filing A Complaint of Discrimination
    - No FEAR Act 
    - Frequently Asked Questions
  - RRBVision Video Library
  - Appeals
  - Railroad Retirement Handbook
  - FOIA Reading Room
  - Glossary of RRB Terms
- Financial & Reporting   - Agency Reports     - Inventories
    - Plans
    - Reports
  - Financial, Actuarial & Statistical     - Budget and Financial Reports: Current and Projected
    - Performance and Accountability Reports
    - Earnings Limits, Tax Rates and COLAs
    - Annual
    - Monthly & Quarterly RRA and RUIA Data
  - National Railroad Retirement Investment Trust     - NRRIT Introduction
    - Background Information
    - Reports
    - Correspondence
- Newsroom   - News Releases
  - Media Contact
- Field Office Locator
- FAQ

  

  

  

              -  Home 
              -  Attorney's Guide to the Partition of Railroad Retirement Annuities (07-20) 
              -                   Appendix B - Sample Award Language              

## 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 

 

As explained previously, a partition award may be accomplished by including the appropriate language in the divorce decree itself. Provided below are three sample paragraphs containing award language consistent with the regulations of the RRB. The sample paragraph entitled "Formula Award" provides an equal division of property in proportion to the period of the marriage, but may be revised to produce a different result.

**IMPORTANT:**Be certain to review the "Additional Considerations" following the sample paragraphs.

**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 (45 U.S.C. §§ 231-231v) 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.

**Percentage 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 (45 U.S.C. §§ 231-231v) 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 [PERCENTAGE] of [EMPLOYEE'S NAME] monthly divisible benefits.

**NOTE:**Caution should be taken when using the "Percentage Award" language to be certain such 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 upon all railroad service throughout the employee's career, regardless of the period of the marriage; if the order does specify 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 (45 U.S.C. §§ 231-231v) 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.

**Additional Considerations**
                        - Divisible Components     The RRB will apply a valid partition award to the sum of all of the divisible components which make up the employee's monthly annuity, unless the court order specifies otherwise. The preceding sample paragraphs would result in dividing the sum of the employee's divisible components. If the parties wish to restrict the award to only one divisible component, the phrase "divisible" in the preceding sample paragraphs, should be replaced with the component which the parties wish to divide.  	 
                        - **Disability Annuity** —  Unless the decree order expressly exempts a disability annuity from partition, the RRB will apply a partition award to either a retirement or disability annuity under the RRA. The parties may avoid partition of a disability annuity by a statement such as: "The parties expressly agree that this paragraph shall not apply to any disability annuity paid by the RRB." The RRB will then partition the employee's disability annuity only upon its conversion to an age and service annuity at full retirement age.   	 
                        - **Cost-of-living Adjustments** —  Under the "Formula Award" sample language noted previously, a pro-rata share of any cost-of-living increase in the employee's divisible benefits would also accrue to the spouse or former spouse through the month prior to the month of the employee's death. Under the "Percentage Award" sample language noted above, a share of any cost-of-living increase in the employee's divisible benefits would also accrue to the spouse or former spouse through the month prior to the employee's death, because the amount awarded is not awarded as of a particular point in time. However, if the order provides that a percentage is awarded as of a particular point in time, the award is converted to a fixed dollar award. Cost-of-living increases do not accrue to the spouse or former spouse where the award is a fixed dollar amount.

If language such as that shown above is not included in the court decree, a separate order will be needed to achieve a partition of the divisible portion of the employee's annuity. A sample court order is set forth in Appendix C. 

   

**‹** Appendix A - Frequently Asked Questions
Up
Appendix C - Sample Court Order **›**

   

Acrobat ReaderAdobe's Access Website

**Railroad Jobs**

**Fraud Hotline**

**Field Office Locator**

 

(877) 772-5772
(312) 751-4701 
(312) 751-4300

 
Privacy PolicyPolicies & LinksSite MapContact UsRRB CareersWebsite Feedback

 
PlainLanguage.govData.govBenefits.govUSA.govRRB @ Data.govVote.gov

 
Freedom of Information ActNo FEAR Act DataOffice of Special CounselPlain Writing @ RRBOpen Gov @ RRBOffice of Inspector General

								Last updated: 04/27/2017