TN 6 (05-02)

RS 01601.130 Survivor Benefits Under the Railroad Retirement Act

A. POLICY – WIDOW(ER) -- NOT REMARRIED

The following types of survivor claims are payable.

  1. At age 60.

  2. Was married 9 months to RR employee (unless death was accidental) or meets the alternative to duration.

  3. The alternatives to duration of marriage are:

    1. Is the natural parent of the RR employee's child; the child must be born alive but need not still survive.

    2. Have legally adopted the child of the employee during the marriage and before the child reached age 18.

    3. Is the natural parent of a child legally adopted by the RR employee during the marriage and before the child reached age 18.

    4. Was entitled (or potentially entitled) to widow(er)'s, parent's, spouse's, divorced spouse's, surviving divorced spouse's or disabled adult child's Social Security benefits in the month before the marriage to the RR employee.

    5. Was entitled (or potentially entitled) to widow(er)'s, parent's, divorced spouse's, surviving divorced spouse's, or disabled adult child's insurance annuity under the RR Act in the month before the marriage to the RR employee.

B. POLICY - DISABLED WIDOW(ER) -- NOT REMARRIED

  1. From age 50 to 59.

  2. Be permanently disabled within 7 years of RR employee's death or within 7 years of the termination of annuity based on having a child in care.

  3. Was married 9 months to RR employee (unless death was accidental) or meets the alternative to duration described in RS 01601.130A.3.

C. POLICY - YOUNG MOTHER/FATHER

  1. Is under FRA.

  2. Has in his/her care the minor (child under age 18) or disabled (before age 22) child of the RR employee.

  3. Was married 9 months to RR employee (unless death was accidental) or meets the alternative to duration described in RS 01601.130A.3.

D. POLICY - REMARRIED WIDOW(ER)

  1. At age 60.

  2. Was married 9 months to RR employee (unless death was accidental) or meets the alternative to duration described in RS 01601.130A.3.

  3. Is not entitled to a SS benefit which is equal to or greater than the remarried widow(er) annuity.

  4. Has remarried but that marriage has ended or remarried after age 60.

NOTE: Effective date of remarried widow(er) benefits was 10/0l/81.

E. POLICY - REMARRIED DISABLED WIDOW(ER)

  1. From age 50 to 59.

  2. Be permanently disabled within 7 years of RR employee's death or within 7 years of annuity based on having a child in care.

  3. Was married 9 months to RR employee (unless death was accidental) or meets the alternative to duration described in RS 01601.130A.3.

  4. Is not entitled to a SS benefit which is equal to or greater than the disabled widow(er)'s annuity.

  5. Has remarried but that marriage has ended or remarried after age 50 and after the date of disability onset.

F. POLICY - REMARRIED YOUNG MOTHER/FATHER

  1. Is under FRA.

  2. Has in his/her care the minor (child under age 16) or disabled (before age 22) child of the RR employee.

  3. Was married 9 months to RR employee (unless death was accidental) or meets the alternative to duration described in RS 01601.130A.3.

  4. Has remarried but the marriage has ended or remarried after age 60 or married a person entitled to retirement, disability, widow(er)'s, parent's, father's/mother's, or disabled child's benefits.

  5. Is not entitled to a SS benefit which is equal to or greater than the remarried young mother/father annuity. (See RS 00208.035)

G. POLICY - SURVIVING DIVORCED SPOUSE

  1. At age 60.

  2. Be finally divorced from the RR employee.

  3. Was married to the RR employee for 10 consecutive years before the final divorce.

  4. Is not entitled to a SS benefit which is equal to or greater than the divorced surviving spouse's annuity.

NOTE: Effective date of surviving divorced spouse' s benefits was 10/01/81.

H. SURVIVING DIVORCED MOTHER/FATHER

  1. Is less than FRA.

  2. Has in his/her care the RR employee's natural or legally adopted child who is under age 16 or age 16 or older and disabled (before age 22) and is entitled to a child's annuity on the employee's account.

  3. Was married 9 full months to the RR employee (unless death was accidental) or meets the first three conditions of the alternative to duration of marriage described in RS 01601.130A.3.).

  4. Be finally divorced from the RR employee; there is no 10-year marriage requirement.