1. It must provide for the division of the employee’s benefits as part of a final disposition of property as opposed to an award of spousal support.

2. It has to obligate the Railroad Retirement Board to make direct payments to the Alternate Payee, rather than the employee.

3. It may not divide the Tier l benefit. The board may divide the Tier ll Annuity and three additional components as follows:

A. Vested Dual Benefit Payments - If an employee had qualified for both a railroad retirement and social security before 1975 and has certain vesting the employee can receive an additional annuity amount that would be the dual benefit payable prior to 1975.

B. Supplemental Annuity - This annuity is under $50 per month and depends upon years of service.

C. Overall Minimum Increase - If the annuity is smaller than the amount the employee could receive under Social Security if the railroad employment were covered by Social Security the employee could receive an increase to make up the difference.

In addition to the above, the board must receive a certified copy of the order and the Alternate Payee (Former Spouse) must complete an Agreement of Former Spouse and an Electronic Funds Transfer Statement prior to payment.

Understanding the Railroad Retirement System