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Notes

20 C.F.R. §§ 222.51–222.57

7 sections in range

§222.51. When a natural child is dependent.

20 C.F.R. § 222.51

The employee's natural child, as defined in § 222.32, is considered to be dependent upon the employee. However, if the child is legally adopted by someone else during the employee's lifetime and, after the adoption, a child's annuity or other annuity or annuity increase is applied for on the basis of the employee's earnings record and the relationship of the child to the employee, the child will be considered dependent upon the employee (the natural parent) only if he or she was either living with the employee or the employee was contributing to the child's support when either:
(a)
A spouse's annuity begins; or
(b)
The employee's annuity can be increased under the social security overall minimum provision; or
(c)
The employee dies; or
(d)
If the employee had a period of disability which lasted until he or she could have become entitled to an age or disability benefit under the Social Security Act (treating the employee's railroad compensation as wages under that Act), at the beginning of the period of disability or at the time the employee could have become entitled to the benefit.
Notes, amendments, and revision history

Authority

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

Source

Source: 54 FR 42949, Oct. 19, 1989, unless otherwise noted.

§222.52. When a legally adopted child is dependent—general.

20 C.F.R. § 222.52

(a)
During employee's lifetime. If the employee adopts a child before he or she could become entitled to a social security benefit (treating his or her railroad compensation as wages under that Act), the child is considered dependent upon the employee. If the employee adopts a child, unless the child is his natural child or stepchild, after he or she could become entitled to an old age or disability benefit under the Social Security Act (treating his or her railroad compensation as wages under that Act), the child is considered dependent on the employee only if the requirements of § 222.53 are met.
(b)
After employee's death. If the surviving spouse of an employee adopted a child after the employee's death, the child is considered dependent on the employee if either—
(1)
The employee began proceedings to adopt the child prior to his or her death, or the surviving spouse adopted the child within two years after the employee's death; and
(2)
The child was living in the employee's household at the time of the employee's death; and
(3)
The child was not receiving regular contributions from any person, including any public or private welfare organization, other than the employee or spouse at the time of the employee's death.
Notes, amendments, and revision history

Authority

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

Source

Source: 54 FR 42949, Oct. 19, 1989, unless otherwise noted.

§222.53. When a legally adopted child is dependent—child adopted after entitlement.

20 C.F.R. § 222.53

A child who is not the employee's natural child or stepchild, and who is adopted by the employee after the employee could become entitled to an old age or disability benefit under the Social Security Act (treating his or her railroad compensation as wages under that Act), is considered dependent on the employee during the employee's lifetime only if—
(a)
The child had not attained age 18 when adoption proceedings were commenced, and the child's adoption was issued by a court of competent jurisdiction within the United States; or
(b)
The child had attained age 18 before adoption proceedings were commenced, the child's adoption was issued by a court of competent jurisdiction within the United States, and the child was living with or receiving at least one-half of the child's support from the employee for the year immediately preceding the month in which the adoption was issued.
Notes, amendments, and revision history

Amendments

[89 FR 47461, June 3, 2024]

Authority

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

Source

Source: 54 FR 42949, Oct. 19, 1989, unless otherwise noted.

Amendments

[89 FR 47461, June 3, 2024]

§222.54. Reserved

20 C.F.R. § 222.54

Notes, amendments, and revision history

Authority

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

Source

Source: 54 FR 42949, Oct. 19, 1989, unless otherwise noted.

§222.55. When a stepchild is dependent.

20 C.F.R. § 222.55

An employee's stepchild, as described in § 222.35, is considered dependent on the employee if the stepchild receiving at least one-half of his or her support from the employee at one of the times shown in § 222.51.
Notes, amendments, and revision history

Amendments

[54 FR 42949, Oct. 19, 1989, as amended at 62 FR 47138, Sept. 8, 1997]

Authority

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

Source

Source: 54 FR 42949, Oct. 19, 1989, unless otherwise noted.

Amendments

[54 FR 42949, Oct. 19, 1989, as amended at 62 FR 47138, Sept. 8, 1997]

§222.56. When a grandchild or stepgrandchild is dependent.

20 C.F.R. § 222.56

An employee's grandchild or stepgrandchild, as described in § 222.36, is considered dependent on the employee if the requirements in both paragraphs (a) and (b), or paragraph (c) of this section are met:
(a)
The grandchild or stepgrandchild was living with the employee before the grandchild or stepgrandchild attained age 18.
(b)
The grandchild or stepgrandchild is living with the employee in the United States and receives at least one-half of his or her support from the employee for the year before the month in which—
(1)
The employee could become entitled to an age and service or disability annuity under the Social Security Act (treating his or her railroad compensation as wages under that Act); or
(2)
The employee dies; or
(3)
The employee becomes entitled to a period of disability that lasts until he or she could become entitled to a social security benefit as described above or until he or she dies.
(c)
In the case of a grandchild or stepgrandchild born within the one-year period referred to in paragraph (b) of this section, at the close of such period the child must have been living with and receiving at least one-half of his or her support from the employee for substantially all of the period that began on the date the grandchild or stepgrandchild was born. “Substantially all” is defined in § 222.53.
Notes, amendments, and revision history

Authority

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

Source

Source: 54 FR 42949, Oct. 19, 1989, unless otherwise noted.

§222.57. When an equitably adopted child is dependent.

20 C.F.R. § 222.57

An employee's equitably adopted child, as defined in § 222.34, is considered dependent upon the employee if the employee was either living with or contributing to the support of the child at the time of his or her death. If the equitable adoption is found to have occurred after the employee could have become entitled to an old age or disability benefit under the Social Security Act (treating his or her railroad compensation as wages under that Act), the child is not considered dependent on the employee during the employee's lifetime. If the equitable adoption took place before such time, the child is dependent on the employee if the employee was living with or contributing to the support of the child at one of the times shown in § 222.51.
Notes, amendments, and revision history

Authority

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

Source

Source: 54 FR 42949, Oct. 19, 1989, unless otherwise noted.