The Railroad Retirement Board hereby proposes to amend its regulations to enable a divorced spouse who remarries the employee within six months of the divorce to use the spouse ...
The Railroad Retirement Board hereby proposes to amend its regulations to enable a divorced spouse who remarries the employee within six months of the divorce to use the spouse application to qualify for a divorced spouse annuity for the period prior to the remarriage. This amendment will eliminate the necessity for the spouse to file a separate application for a short period of benefits.
DATES:
Comments must be received on or before July 10, 2000.
ADDRESSES:
Comments may be addressed to the Secretary to the Board, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611.
FOR FURTHER INFORMATION CONTACT:
Michael C. Litt, General Attorney, Railroad Retirement Board, telephone (312) 751-4929, TTD (312) 751-4701.
SUPPLEMENTARY INFORMATION:
Section 217.8 of the Board's regulations describes situations where the Board will accept an application filed for one type of annuity as an application for another type of annuity. An application may be effective for the period six months prior to the date of filing. This amendment will add a provision to enable a divorced spouse who remarries the employee within six months of the divorce to use the spouse application to qualify for a divorced spouse annuity for the period after the divorce and prior to the remarriage. In such cases the requirement that a claimant be married to the employee for a period of one year prior to application for a spouse annuity, as required by § 216.54 of this part, is waived.
The Board, with the concurrence of the Office of Management and Budget, has determined that this is not a significant regulatory action under Executive Order 12866; therefore, no regulatory impact analysis is required. There are no information collections associated with this rule.
When one application satisfies the filing requirement for other benefits.
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(m) A divorced spouse annuity if the spouse claimant has remarried the employee during the six-month retroactive period of the spouse annuity application.
20 CFR Part 217
45 U.S.C. 231d