Code of Federal Regulations (Last Updated: May 6, 2024) |
Title 20 - Employees' Benefits |
Chapter II - Railroad Retirement Board |
SubChapter B - Regulations Under the Railroad Retirement Act |
Part 222 - Family Relationships |
Subpart B - Relationship as Wife, Husband, or Widow(er) |
§ 222.11 - Determination of marriage relationship.
Latest version.
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§ 222.11 Determination of marriage relationship.
A claimant will be considered to be the husband, wife, or widow(er) of an employee if the law of the State in which the employee has or had a permanent home would recognize that the claimant and employee were validly married, or if a deemed marriage is established.
(a) Generally, State courts will find that a claimant and employee were validly married if -
(1) The employee and claimant were married in a civil or religious ceremony (see § 222.12) or
(2) The employee and claimant live together in a common-law marriage relationship which is recognized under applicable State law (see § 222.13), and no impediment to the marriage existed at the time it took place.
(b) A deemed marriage relationship may be established as described in § 222.14.