20 CFR § 216.67 - “Child in care.”

---
identifier: "/us/cfr/t20/s216.67"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 216.67 - “Child in care.”"
title_number: 20
title_name: "Employees' Benefits"
section_number: "216.67"
section_name: "“Child in care.”"
chapter_name: "RAILROAD RETIREMENT BOARD"
subchapter_number: "B"
subchapter_name: "REGULATIONS UNDER THE RAILROAD RETIREMENT ACT"
part_number: "216"
part_name: "ELIGIBILITY FOR AN ANNUITY"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "45 U.S.C. 231f."
regulatory_source: "56 FR 28692, June 24, 1991, unless otherwise noted."
cfr_part: "216"
---


# 216.67 “Child in care.”

(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.