Anthony S. Kalina v. Railroad Retirement Board

McCREE, Circuit Judge.

This is a petition to review the Railroad Retirement Board’s decision that Anthony Kalina is not entitled to a spouse’s annuity under the Railroad Retirement Act of 1937, 45 U.S.C. §§ 228a — 228z-l because he did not establish that he was receiving at least one-half of his support from his wife on the date that her annuity as a retired railroad worker began. Petitioner challenged the constitutionality of section 2(f) of the Act, 45 U.S.C. § 228b(f)(ii), which defines the term “spouse,” 1 but the Board refused to consider his contention, stating that “[qjuestions of…