20 CFR §295.1
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Purpose. This part implements section 419 of Public Law 98-76 (97 Stat. 438), which amended section 14 of the Railroad Retirement Act to provide that, with respect to annuity amounts payable for months beginning with September 1983, the Board must comply with a court decree of divorce, annulment or legal separation, or with the terms of any court-approved property settlement incident to any such decree, which characterizes specified benefits as property subject to distribution. This part also implements section 1003 of Public Law 109-280 (120 Stat. 1053), which amended section 5 of the Railroad Retirement Act to allow the payment of an employee's tier II benefit component awarded to a former spouse as part of a property distribution incident to a decree of divorce, annulment, or legal separation to continue after the employee's death. Garnishment of benefits for alimony or child support is dealt with in part 350 of this chapter.
- (b)Benefits subject to this part. Only the following benefits or portions of benefits under the Railroad Retirement Act are subject to this part:
- (1)Employee annuity net tier II benefit component as provided under section 3(b) of the Railroad Retirement Act;
- (2)Employee annuity vested dual benefit component as provided under section 3(h) of the Act;
- (3)Employee annuity increase as provided under section 3(f) of the Act; and
- (4)Supplemental annuities as provided under section 2(b) of the Act.