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Railroad Retirement Disability Annuities are Subject to Division

 

 

 
  1. Home
  2. Attorney's Guide to the Partition of Railroad Retirement Annuities (07-20)
  3. 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
  • Appendix E - Agreement of Spouse or Former Spouse
  • Direct Deposit Sign-Up Form
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.

 

‹ Summary of RRB Requirements for a Partition Order | Up | RRB Action on Receipt of Decree or Court Order ›

 

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Last updated: 04/27/2017