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"" 101 Purpose of this Guide
"" 102 The Railroad Retirement Act
"" 103 Employee Retirement Income Security Act (ERISA)
"" 104 Funding of Railroad Retirement Annuities
"" 105 Railroad Retirement Annuity Components
"" 106 Statement or Estimate of Railroad Retirement Benefits
"" 107 Summary of RRB Requirements for Partition Order
108 Railroad Retirement Disability Annuities are Subject to Division
"" 109 RRB Action on Receipt of Decree or Court Order
"" 110Legal Process for Enforcement of Support Obligations
"" A: Frequently Asked Questions
"" B: Sample Award Language
"" C: Sample Court Order
"" D: Form G-177C (08-07) Divorced Spouse Annuity Requirements
"" E: Spouse/Former Spouse Agreement Form
RELATED LINKS
'' Legal Information
Attorney's Guide to the
Partition of Railroad Retirement Annuities
Railroad Retirement Disability Annuities are Subject to Division
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108 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.

108.01 Effect of Order

The RRB will apply a valid court order 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 when the disability annuity is converted to an age and service annuity.

108.02 Disability Annuities Convert Age and Service Annuities

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.


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Date posted: 12/28/2007
Date updated: 12/28/2007