TN 8 (06-21)

RS 00209.001 Entitlement and Non-Entitlement Provisions for Parent’s Benefits

A. Policy for entitlement to parent’s benefits

To be entitled as a parent, a claimant must:

  • be the parent (as defined in RS 00209.001C in this section) of a worker who died fully insured;

  • have attained age 62 ( throughout the month does not apply to parent's benefits);

  • have filed an application for parent's benefits;

  • not be entitled to retirement insurance benefit (RIB) equal to or exceeding the amount of the parent's original benefit (One parent = 82 1/2%; Two parents = 75%);

  • not have married after the worker's death (for exceptions, see RS 00209.005);

  • have been receiving at least one-half support from the worker at certain points in time (for the time at which it must be established, see RS 00209.010); and

  • have filed proof of support within the time limits described in RS 00209.010.

B. Policy for preclusions to entitlement to parent’s benefits

Even though the parent met all the requirements in RS 00209.001A in this section, preclude entitlement if:

  • the parent was finally convicted of the felonious homicide of the worker; or

  • the railroad retirement board (RRB) has jurisdiction of the survivor's claim.

C. Definition of parent

To be the parent of a worker, a claimant must be:

  • the natural parent of the worker and entitled to share as a parent in the distribution of the worker's intestate personal property under the laws of the State of the worker's last domicile; or

  • the stepparent of the worker by a marriage entered into before the worker attained age 16; or

  • an adopting parent who legally adopted the worker before the worker attained age 16.

D. References

  • GN 00304.075 Determining if Homicide is an Issue

  • RS 01301.195 One-Half Support - Parent Cases

  • RS 01601.310 Certification of Social Security Benefits to the Railroad Retirement Board

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RS 00209.001 - Entitlement and Non-Entitlement Provisions for Parent’s Benefits - 06/22/2021
Batch run: 06/22/2021