The RRB's regulations implementing section 14(b)(2) of the RRA (45 U.S.C. § 231m(b)(2)) have been published as Part 295 of Chapter II of Title 20 of the Code of Federal Regulations. The RRB will honor a decree of divorce, legal separation or annulment (or a court-approved property settlement incident to such a decree) that complies with these regulations. The key provisions of the regulations are as follows:

107.01 Final Decree

The decree must be final, and issued in accordance with the laws of the jurisdiction of that court (20 CFR § 295.2).

107.02 Statutory Authority

The decree must provide for the division of the employee's benefits under the RRA, as distinguished from payments under a private pension plan (20 CFR § 295.3(a)(1)).

107.03 Final Disposition of Property

The decree must provide for the division of the employee's benefits as part of a final disposition of property between the parties, rather than as an award of spousal support. (20 CFR § 295.2).

107.04 Direct Payments to Former Spouse

The decree must obligate the RRB rather than the employee to make direct payments to the spouse (20 CFR § 295.3(a)).

107.05 Division of Certain Benefits Only

The decree may not divide the Tier I amount (20 CFR §§ 295.1(b) and 295.5(a)). The RRB will apply a decree only to the employee's non-Tier I benefits regardless of the wording of a decree (20 CFR § 295.4(b)).

107.06 Statement of Award

A decree may state the award as a percentage, dollar amount, or as a fraction of the employee's benefits subject to division (see Appendix B for sample language). The RRB will deduct any amount or fraction allowed under state law, but the RRB will not deduct an amount greater than the total benefits subject to division payable to the employee for any month.

107.07 Service of Certified Copy

A certified copy of any decree awarding a spouse/former spouse an interest in an employee's benefits must be forwarded to:

The accompanying correspondence must identify the employee by name and social security number and should include the current mailing addresses of both parties and/or their counsel. The certified copy or a fax of the decree must be received in the office of the General Counsel no later than the month prior to the month of the employee's death.

107.08 Obligation of Spouse

The spouse or former spouse of an employee must complete an "Agreement of Spouse or Former Spouse" as a condition for receiving payment of the share awarded. The spouse or former spouse will also be required to complete a Direct Deposit Sign-Up Form. If the employee is not yet receiving an annuity, it is also the responsibility of the spouse or former spouse to keep the RRB informed of any changes in his/her address. Such changes must be submitted with reference the employee’s name and social security number, to assure proper filing and notification of the spouse or former spouse of the employee’s entitlement. See 109.03. If an employee is currently being paid an annuity, the spouse/former spouse’s timely response upon receipt of such notice is very important. See 109E for additional information.

107.09 When Deductions Begin

Deductions from the employee's annuity pursuant to the decree may begin the later of the employee's annuity beginning date; a date specified in the decree; or the month the Office of General Counsel receives the decree. See Section 108 and 109 for additional information on this topic.