This form of order is intended to divide a railroad retirement annuity payable to a railroad employee. The form complies with 45 U.S.C. § 231m and with 20 C.F.R. pt. 295.
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
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See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Qualified Domestic Relations Order
[Railroad Retirement—Non–Tier I Benefits]
IT IS HEREBY ORDERED AS FOLLOWS:
1.Part of Decree
45 USC § 231m
This order shall be incorporated into and shall become an integral part of the Final Decree of Divorce signed in this case on [date], as if recited verbatim in the decree.
2.Effect of This Order as a Qualified Domestic Relations Order
1.The purpose of this order is to divide Employee’s Non–Tier I benefits under the Railroad Retirement Act as part of a final distribution of property between the parties. This order creates and recognizes the existence of Former Spouse’s right to receive a portion of the Non–Tier I divisible railroad retirement benefits of Employee payable under the United States Railroad Retirement Board.
2.The Court finds that the Employee’s Non–Tier I benefits under the Railroad Retirement Act are community property and may be allocated by order of this Court. The Railroad Retirement Act prohibits any allocation of Employee’s Tier I benefits. The Railroad Retirement Board administers the Railroad Retirement Act.
This order is intended to meet the requirements for a court decree relating to the award of payments to a former spouse from Non–Tier I railroad retirement benefits payable to a railroad employee. This order is intended to comply with the requirements of 45 U.S.C. section 231m and with 20 C.F.R. part 295. This order divides only Non–Tier I benefits under the Railroad Retirement Act and does not divide Tier I benefits under the Act.
3.Employer
Employer
[Name of railroad employee], Employee, has been employed by the [name of railroad] Railroad and is subject to the Railroad Retirement Act.
4.Employee
45 USC § 231m; 20 CFR § 295.3
Employee Information
Employee:
Address:
Social Security number:
Railroad Retirement claim number:
Date of employment:
Date of birth:
5.Former Spouse
45 USC § 231m; 20 CFR § 295.3
Former Spouse Information
Former Spouse:
Address:
Social Security number:
Date of birth:
6.Award of Benefits
§ 7.001; 45 USC § 231m; 20 CFR § 295.3(a)(2)
Award of Benefits
As a part of a just and right division of the estate of the parties, Former Spouse is awarded a portion of payments from Non–Tier I railroad retirement benefits payable to [name of employee] under the Railroad Retirement Act or any successor statute. The amount awarded shall be determined as follows:
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Select one of the following. |
6.A.Monthly Amount Certain
20 CFR § 295.4(b)(1)
IT IS ORDERED that Former Spouse is awarded, and the Railroad Retirement Board is directed to pay, an interest in the portion of Employee’s Non–Tier I benefits under the Railroad Retirement Act (45 U.S.C. section 231 et seq.) that may be divided as provided by section 14 of that Act (45 U.S.C. section 231m). IT IS ORDERED that Former Spouse’s share shall be computed as an amount equal to [number] dollars ($[amount]) of Employee’s monthly divisible benefits.
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Or |
6.B.Calculation Based on Length of Service
20 CFR § 295.4(b)(2)
IT IS ORDERED that Former Spouse is awarded, and the Railroad Retirement Board is directed to pay, an interest in the portion of Employee’s Non–Tier I benefits under the Railroad Retirement Act (45 U.S.C. section 231 et seq.) that may be divided as provided by section 14 of that Act (45 U.S.C. section 231m). IT IS ORDERED that Former Spouse’s share shall be calculated by multiplying [one-half/[other fractional community-property interest]] by a fraction, the numerator of which is the number of months of credited service earned by Employee under the Railroad Retirement Act between [date of marriage] and the date of divorce and the denominator of which is the number of months of credited service by Employee under the Railroad Retirement Act, and then multiplying that product by the Non–Tier I benefits that would otherwise be payable under the Railroad Retirement Act to Employee or Employee’s designated beneficiary, surviving spouse, or estate.
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Or |
6.C.Lump Sum in Monthly Payments
20 CFR § 295.4(b)(1)
Former Spouse is awarded an amount from the Non–Tier I railroad retirement benefits payable to Employee under the Railroad Retirement Act in the total sum of [number] dollars ($[amount]) to be paid in equal monthly installments of [number] dollars ($[amount]) per month for a period of [number] months until fully paid. These amounts are to be paid by the Railroad Retirement Board from the Non–Tier I railroad retirement benefits payable to Employee. IT IS ORDERED that if any lump-sum payment is made to Employee under the Non–Tier I railroad retirement benefits payable to Employee, the full sum awarded to Former Spouse shall be paid to Former Spouse from the lump-sum payment made to Employee.
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Or |
6.D.Percentage Payment
20 CFR § 295.4(b)(2)
IT IS ORDERED that Former Spouse is awarded, and the Railroad Retirement Board is directed to pay, an interest in the portion of Employee’s Non–Tier I benefits under the Railroad Retirement Act (45 U.S.C. section 231 et seq.) that may be divided as provided by section 14 of that Act (45 U.S.C. section 231m). IT IS ORDERED that Former Spouse’s share shall be computed as an amount equal to [percent] percent of Employee’s monthly divisible benefits, from the date of marriage, [date], through the date of divorce, [date].
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Continue with the following. |
7.Order for Railroad Retirement Board to Pay
20 CFR § 295.3(a)(3)
Order to Pay
IT IS ORDERED that the Railroad Retirement Board be obligated to pay the above amounts directly to Former Spouse in accordance with this order.
8.Employee Constructive Trustee
Employee Constructive Trustee
[Name of employee], Employee, is ORDERED to pay to [name of former spouse], Former Spouse, the amounts as set forth above. Employee is designated a constructive trustee for receiving any Non–Tier I retirement benefits under the Plan that are due to Former Spouse but paid to Employee. Employee is ORDERED to pay the benefit defined in this paragraph directly to Former Spouse within three days after receipt by Employee. All payments made directly to Former Spouse by the Railroad Retirement Board shall be a credit against this order.
9.Remainder to Participant
Remainder
IT IS ORDERED that all benefits payable under the Railroad Retirement Act other than those payable to Former Spouse above shall be payable to Employee in the manner and form elected by Employee.
10.Taxes
Taxes
Former Spouse is ORDERED to report any retirement payments received on any applicable income tax return and to promptly notify the Railroad Retirement Board of any changes in Former Spouse’s mailing address.
11.Order May Be Amended
§§ 9.101–.105; 20 CFR § 295.2
Continued Jurisdiction
The Court retains jurisdiction to amend this order so that it will constitute a court decree recognized by the Railroad Retirement Board in dividing Non–Tier I railroad retirement benefits under the Railroad Retirement Act. This order may be amended even though all other matters incident to this action or proceeding have been fully and finally adjudicated.
12.Service of Copy of Order and Decree
Service of Copy of Order and Decree
A certified copy of this order and of the Final Decree of Divorce shall be served by certified or registered mail on the Deputy General Counsel, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611-2092.
SIGNED on ______________________________.
JUDGE PRESIDING