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