The Railroad Retirement Act: Tier II Benefits

Posted in Divorce

This is the third installment of a six-part blog series focused on the Railroad Retirement Act (RRA). You can read the full series here.

Tier II benefits are based solely upon railroad industry service and earnings (i.e. it does not take years/earnings outside of industry employment into account, unlike Tier I benefits).  Tier II benefits are calculated under section 3(B) of the RRA.  Tier II annuity benefits are divisible as property.  Moreover, of all RRA annuity components, Tier II benefits are the only benefits that may continue to be paid to a former spouse after the death of the employee.

If you or your spouse have been railroad employees and thus may be eligible for a RRA annuity, it is strongly recommended that you speak to a legal professional to ensure that these unique benefits are properly accounted for and distributed incident to a divorce.