The Pension Protection Act of 2006, as amended, continues the court-ordered partitioned portion of the tier II, vested dual and supplemental benefit payments to former spouses after the death of the employee. It also allows for payment of court-ordered partitioned payments where the employee is not entitled to an annuity if (1) the employee has 120 months of railroad service or 60 months of service after 1995, and (2) both the employee and spouse or divorced spouse are 62 for a full month, or, if the employee is deceased, the employee would be 62 for a full month.
At the end of fiscal year 2015, there were nearly 1,400 spouses and divorced spouses receiving payments averaging $308 where the employee was deceased or not otherwise entitled to an annuity. While all but one received a partitioned tier II benefit, only 5 percent received a partitioned vested dual benefit and 35 percent received a partitioned supplemental benefit.