⚖️Changes to Railroad Retirement Annuity Eligibility Regulations
Eligibility for an Annuity and Family Relationships
Summary
The Railroad Retirement Board amends its regulations to remove facially unlawful provisions that define when the spouse, divorced spouse, surviving divorced spouse, or remarried widow(er) of a railroad employee may receive an annuity under the Railroad Retirement Act for having the employee's minor child in care. As currently written, the regulations treat male spouses less favorably than female spouses by terminating annuity entitlement when the child turns age 16 instead of age 18 as for female spouses. If enforced, this disparity would violate the right to equal protection secured by the Due Process Clause of the Fifth Amendment to the United States Constitution.
Agencies
- Railroad Retirement Board
Business Impact
$$ - Med
This rule impacts business owners by changing eligibility criteria for annuities under the Railroad Retirement Act, enabling equality among male and female spouses, which may affect workforce benefits structures and financial planning for workers in the railroad industry.