---
kind: "section"
citation: "20 C.F.R. § 216.67"
title: "20"
number: "216.67"
heading: "“Child in care.”"
url: "https://uscodex.org/cfr/20/216.67"
---

# §216.67. “Child in care.”

- (a) **Railroad Retirement Act.** [Part 222](/cfr/20/part222.md) of this chapter sets forth what is required to establish that a child is in an individual's care for purposes of the Railroad Retirement Act. This definition is used to establish eligibility for the tier II component of a female spouse or widow(er) annuity under that Act. Under this definition a child must be under age 18 or under a disability before any benefit is payable based upon having the child in care.
- (b) **Social Security Act.** In order to establish eligibility for the tier I components of a spouse or widow(er) annuity, and eligibility for a surviving divorced spouse annuity based upon having a child of the employee in care, the definition of “child in care” found in the Social Security Act is used. Under this definition, a child must be under age 16 or under a disability.

## Notes

### Authority

Authority: 45 U.S.C. 231f.

### Source

Source: 56 FR 28692, June 24, 1991, unless otherwise noted.