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RRB RIN: 3220-AB61 Publication ID: Fall 2008 
Title: Payments Pursuant to Court Decree or Court-Approved Property Settlement 
Abstract: The Board proposes to amend part 295 of its regulations to reflect the changes made by Public Law 109-280, to reflect changes in certain titles of agency employees, and to correct or clarify certain references. Under section 14(b) of the Railroad Retirement Act, the non-tier I portion of a railroad retirement annuity may be characterized as property subject to partition in a proceeding for divorce, annulment, or legal separation. Prior to the effective date of Public Law 109-280, a partition payment would terminate upon the death of either the railroad employee or the former spouse, which ever occurred first, unless the court order provided for termination at an earlier date. Section 1003 of the Pension Protection Act of 2006, Public Law 109-280, amended the Railroad Retirement Act effective August 17, 2007, to provide that a partition payment will only terminate upon the employee's death when the court order requires such termination. Consequently, unless the court order requires termination of payments upon the employee's death, tier II partition payments to divorced spouses may now continue beyond the employee's death. 
Agency: Railroad Retirement Board(RRB)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 20 CFR 295   
Legal Authority: 45 USC 231f    45 USC 231m   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  03/06/2008  73 FR 12037   
NPRM Comment Period End  05/05/2008    
Final Action  08/13/2008  73 FR 47044   
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Marguerite P. Dadabo
Assistant General Counsel
Railroad Retirement Board
Room 836, Office of General Counsel, 844 North Rush Street, Room 811,
Chicago, IL 60611
Phone:312 751-4945
TDD Phone:312 751-4701
Fax:312 751-7102