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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 20 - Employees' Benefits |
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Chapter II - Railroad Retirement Board |
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SubChapter B - Regulations Under the Railroad Retirement Act |
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Part 222 - Family Relationships |
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Subpart D - Relationship as Child |
§ 222.35 - Relationship as stepchild.
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§ 222.35 Relationship as stepchild.
A claimant will be considered to have the relationship of stepchild of an employee, and will be considered a child for annuity but not for lump-sum benefit purposes if -
(a) The claimant's natural or adoptive parent married the employee after the claimant's birth; and
(b) The marriage between the employee and the claimant's parent is a valid marriage under applicable State law (see §§ 222.12 and 222.13), or would be valid except for a legal impediment; and
(c) The employee and the claimant's parent were married at least one year before the date -
(1) On which the spouse applies for an annuity based on having the employee's child in care; or
(2) On which the employee's annuity can be increased under the social security overall minimum provision; or
(d) The employee and the claimant's parent were married at least nine months before the date on which the employee died if the claimant is applying for a child's annuity; or if the employee and the claimant's parent were married less than nine months, the employee was reasonably expected to live for nine months, and -
(1) The employee's death was accidental; or
(2) The employee died in the line of duty as a member of the armed forces of the United States; or
(3) The widow(er) was previously married to the employee for at least nine months.