What is the difference between a surviving divorced spouse annuity and a partition payable after the employees death?
A surviving divorced spouse annuity is a monthly benefit payable to a surviving former spouse based on the provisions of the RRA, with the eligibility requirements found in 20 CFR 216.62. Eligibility for a surviving divorced spouse annuity, like all survivor annuity eligibility under the RRA, requires that the employee have a current connection with the railroad industry at the time of his or her death. (Current connection requirements are explained in 20 CFR Part 216, Subpart B.) The Worker, Retiree, and Employer Recovery Act of 2008 (Public Law 110-458) eliminated the requirement that an employee be entitled to an annuity in order for a partition to be paid, and furthermore, now allows payment of a partition award beyond the employees death to all partition recipients. However, these payments may not begin before the month in which the following three conditions are met: 1) the employee has completed 10 years of railroad service (or 5 years of railroad service after December 31, 1995
