Railroad Board Adds Divorced Spouses to Benefit Payout List
Published Date: 8/10/2026
Rule
Summary
The Railroad Retirement Board amends its regulations to reflect statutory amendments granting jurisdiction to the Board to pay benefits under the Railroad Retirement Act and under Title II of the Social Security Act to railroad employees and auxiliary beneficiaries who have less than ten years of railroad service, but at least five years after 1995. The amendment also adds divorced spouses to the list of auxiliary beneficiaries to whom the Board will pay benefits in accordance with controlling law. The existing regulation is no longer consistent with the statutory criteria in the Railroad Retirement Act for jurisdictional determinations and is therefore facially unlawful.
Analyzed Economic Effects
5 provisions identified: 4 benefits, 1 costs, 0 mixed.
More railroad retirees eligible for RRB
If you are a railroad employee, the Railroad Retirement Board will keep jurisdiction to pay benefits for employees who have less than ten years (120 months) of railroad service but at least five years (60 months) of service all of which accrued after December 31, 1995. This change takes effect September 9, 2026 and applies to those employees and their auxiliary beneficiaries when other eligibility criteria are met.
Divorced spouses added as beneficiaries
Divorced spouses of railroad employees are now explicitly listed as auxiliary beneficiaries to whom the Railroad Retirement Board will pay benefits if the worker meets the minimum service requirement (either ten years of service or five years all after December 31, 1995). This regulatory change is effective September 9, 2026.
When benefits transfer to Social Security
The Board will transfer jurisdiction for Title II (Social Security) benefits to the Social Security Administration when an employee has less than ten years (120 months) of service and less than five years (60 months) of service after December 31, 1995. This rule takes effect September 9, 2026.
Medicare coverage follows paying agency
The rule says the agency that has jurisdiction to pay a person's benefits also has jurisdiction over that applicant's Medicare coverage as described in section 7(d) of the Railroad Retirement Act. That alignment is part of the regulation changes effective September 9, 2026.
Board keeps residual death benefits authority
The Railroad Retirement Board retains jurisdiction to pay any residual benefits that may become payable at the death of an employee even if jurisdiction for other benefits has been transferred to the Social Security Administration. This rule is effective September 9, 2026.
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