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Attorney's Guide to the
Partition of Railroad Retirement Annuities (03-11) |
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RRB Action on Receipt of Decree or Court Order |
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Upon receipt of a court-certified copy of a decree or court order, the RRB will
take the following actions:
- Determine whether the order complies with the RRB’s partition regulations
(20 CFR § 295).
- Advise the parties or their legal representatives of the determination (20 CFR
§ 295.4(c)).
- If the employee is currently receiving and annuity, and:
- the spouse or former spouse has submitted and executed
Agreement of Spouse or
Former Spouse and a Direct Deposit sign-up form, the RRB will
withhold the court-ordered partition amount from any annuity payments
currently being made to the employee and initiate payment to the former spouse.
- the spouse or former spouse has not yet submitted both an executed
Agreement
of Spouse or Former Spouse and a Direct Deposit sign-up form, the RRB will
request that he or she do so. Withholding from the employee and payment to
the spouse or former spouse will occur as described in (E) of this section.
- If the employee is not yet entitled to an annuity, the RRB will file the order in its official records under the employee’s social
security number. When the employee becomes entitled to an annuity, the RRB
will send notice to the spouse or former spouse at the most current address
for him or her in the records maintained under the employee’s social security
number. The spouse or former spouse will be asked to complete the
Agreement of
Spouse or Former Spouse and/or a Direct Deposit sign-up form, if not in file,
and to respond to the RRB within three months of the date of that notice.
Withholding from the employee and payment to the spouse or former spouse will
occur as described in (E) of this section.
In those cases where an Agreement of
Spouse or Former Spouse has been returned and the employee dies before
becoming entitled to an annuity, payment of the partition award may begin in
the month the following three conditions are met: 1) the employee has
completed 10 years of railroad service (or 5 years of railroad service after
December 31, 1995); 2) the former spouse is age 62; and
3) the employee would
have been age 62.
- The RRB will withhold the court-ordered partition amount from annuity payments
currently being made to the employee and initiate payment to the former spouse
as soon as the Agreement of Spouse or Former Spouse and Direct Deposit
sign-up
form are both returned to the Office of General Counsel of the RRB. The RRB
will withhold a partition award from the employee's annuity for three months
pending receipt of the Agreement and Direct Deposit sign-up form, or a
response from the spouse or former spouse as requested in (D) of this section.
After three months, if these documents or response have not been received in
the Office of General Counsel, the RRB no longer has any obligation to
withhold the annuity partition, and the withheld amounts are released to the
employee. (20 CFR § 295.4(d)). Withholding will not begin again until the
signed Agreement and Direct Deposit sign-up form are received in the Office of
General Counsel, and no arrearage accrues to the former spouse.
- The RRB will suspend the partition payment of a spouse or former spouse for any month
in which the annuity of the employee is not payable for reasons other than the
employee’s death. No arrearage accrues to the spouse or former spouse for any
month in which the annuity of the employee is suspended or reduced under the RRA.
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