CFR > Title 20 - Employees' Benefits > CHAPTER II—RAILROAD RETIREMENT BOARD > SUBCHAPTER B—REGULATIONS UNDER THE RAILROAD RETIREMENT ACT (parts 201 to 295) > PART 222—FAMILY RELATIONSHIPS > SUBPART C—Relationship as Divorced Spouse, Surviving Divorced Spouse, or Remarried Widow(er) (§222.20 to §222.24) > 222.23—Relationship as surviving divorced spouse.

222.23—Relationship as surviving divorced spouse.

A claimant will be considered to be the surviving divorced spouse of a deceased employee if the conditions in either paragraph (a) or (b) of this section are met:
(a) Age or disability. The claimant applied for an annuity on the basis of age or disability, and the conditions set forth in § 222.22 are met.
(b) Child in care. The claimant applied for an annuity on the basis of having a child in care, and—
(1) His or her marriage to the employee has been terminated by a final divorce; and
(2) He or she is not married (if the claimant remarried after the divorce from the employee, the later marriage has been terminated by death, final divorce, or annulment); and
(3) He or she either—
(i) Was the natural parent of the employee's child; or
(ii) Had been married to the employee when either the employee or the claimant legally adopted the other's child or when they both legally adopted a child who was then under 18 years of age.