20 CFR 216.67
§ 216.67 “Child in care.”
United States · 20 CFR — Employees' Benefits · Status: effective
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- Citation
- 20 CFR 216.67, § 216.67 “Child in care.”, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/77059
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Full text
(a) Railroad Retirement Act. Part 222 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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.