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 Railroad Retirement Disability Annuities are Subject to Division
 Home
          Attorney's Guide to the Partition of Railroad Retirement Annuities (07-20)
          Railroad Retirement Disability Annuities are Subject to Division
 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 Railroad Retirement Disability Annuities are Subject to Division
							 
							
							
            Disability annuities paid under the RRA are subject to partition as property in the same manner as age and service annuities, unless the court order provides otherwise.

The RRB will apply a valid court order or decree to any type of annuity that the RRB pays an employee, whether on the basis of disability or age and service, unless the court order expressly exempts an employee's disability annuity from partition. However, if the order contains such an exemption, but does not otherwise prohibit the division of an age and service annuity, the RRB will apply the court order or decree when the disability annuity is converted to an age and service annuity.

The RRB converts an employee's annuity from a disability annuity to an age and service annuity when the employee attains full retirement age. For those employees born before 1938, full retirement age is age 65. See Chart 2 of Appendix D for a breakdown of when an individual born after 1937 attains full retirement age.
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 Last updated: 04/27/2017