Creditable
Service and Earnings
Service performed for a covered employer or as
an employee representative is creditable toward all types of benefits under the
Railroad Retirement Act. Covered employers include interstate railroads and
their affiliates engaged in railroad-connected operations, as well as employer
associations and national railroad labor organizations and their subordinate
units. In some cases, military service may be counted as railroad service.
Service to an employer is creditable if it is compensated and the employee is
subject to the continuing supervision of the employer. Benefits are based on
earnings credits and months of service. Earnings are creditable up to certain
annual maximums on the amount of compensation subject to railroad retirement
taxes. Credit for a month of railroad service is given for every month in which
an employee had some compensated service for an employer covered by the Railroad
Retirement Act, even if only one day’s service is performed in the month.
(However, local lodge compensation earned after 1974 is disregarded for any
calendar month in which it is less than $25.)
The basic requirement for railroad retirement annuities is 120 months (10 years)
of creditable railroad service or 60 months (5 years) of creditable railroad
service if such service was performed after 1995. Service months need not be
consecutive.
Additional service months may be deemed in some cases where an employee does not
actually work in every month of the year. For additional service months to be
deemed, the employee’s compensation for the year, up to the tier II maximum,
must exceed an amount equal to 1/12 of the tier II maximum multiplied by the
number of service months actually worked.
Except for on-the-job injuries, the first six months of sickness benefits
payable by the Board are subject to tier I taxes and credited as compensation
for tier I benefits, but are not credited as service months.
Military service may be credited towards retirement benefits under certain
conditions. To be creditable as compensation under the Railroad Retirement Act,
service in the U.S. Armed Forces must be preceded by railroad service in the
same or preceding calendar year. With the exceptions noted, the employee must
also have entered active military service when the United States was at war or
in a state of national emergency or have served in the Armed Forces
involuntarily.
The war and national emergency periods that affect current retirements are:
- September 8, 1939, to June 14, 1948.
- December 16, 1950, to September 14, 1978.
- August 2, 1990, to date as yet undetermined.
If military service began during a war or national emergency period, any
active duty service the employee was required to continue in beyond the end of
the war or national emergency is creditable, except that voluntary service
extending beyond September 14, 1978, is not creditable. Railroad workers who
voluntarily served in the Armed Forces between June 15, 1948, and December 15,
1950, when there was no declared national state of emergency, can be given
railroad retirement credit for their military service if they performed railroad
service in the year they entered or the year before they entered military
service and if they returned to rail service in the year their military service
ended or in the following year, and had no intervening nonrailroad employment.
Service and Earnings Records
The Railroad Retirement Board maintains a record of all covered
railroad service and creditable earnings after 1936. The information is recorded
under the employee’s social security account number used by the employer to
report service and compensation to the Board.
Each year, employees in the industry receive a
Certificate of Service Months and
Compensation (Form BA-6) from the Board. This statement is important
because it provides both a current and cumulative record of an employee’s
railroad service and compensation. It includes deemed service months, separation
allowances and severance payments as well as miscellaneous compensation, such as
taxable sickness payments. It also includes the cumulative amounts of railroad
retirement payroll taxes paid by the employee over and above social security
equivalent payroll taxes, and reflects creditable military service if the
service has previously been reported to the Board. The BA-6 form should be
carefully reviewed to make sure that it is correct. Employees can view their
individual railroad retirement records of service months and compensation at
Benefit Online Services. This electronic alternative does not replace Form
BA-6, but makes the same information available online.
If an employee disagrees with the information shown on the BA-6 form, he or she
should write the Board as early as possible. The law limits to 4 years the
period during which corrections can be made. All letters concerning BA-6 forms
must show the employee’s social security number and should be addressed to:
Protest Unit - CESC
Railroad Retirement Board
844 North Rush Street
Chicago, Illinois 60611-2092
|
Employee and Spouse Annuities
Age and Service, Disability and
Supplemental Annuities
An
Age and Service Annuity
can be paid to:
- Employees with 30 or more years of creditable railroad service. They are
eligible for regular annuities based on age and service the first full month
they are age 60. Early retirement reductions are applied if the employee first
became eligible for a 60/30 annuity July 1, 1984, or later and retired at ages
60 or 61 before 2002.
- Employees with 10 to 29 years of creditable railroad service, or 5-9
years, if at least 5 years were after 1995. They are eligible for regular
annuities based on age and service the first full month they are age 62. Early
retirement annuity reductions are applied to annuities awarded before the
employee’s full retirement age which ranges from age 65 for those born before
1938 to age 67 for those born in 1960 or later, the same as under social
security. Reduced annuities are still payable at age 62 but the maximum
reduction will be 30 percent rather than 20 percent by the year 2022. The tier
II portion of an annuity (see explanation) is not reduced beyond 20
percent if the employee had any creditable railroad service before August 12,
1983. (See detailed explanation of age reductions.)
An annuity based on age cannot be paid until the employee stops railroad
employment, files an application and gives up any rights to return to work for a
railroad employer.
A Disability Annuity can be paid for:
- Total disability, at any age, if an employee is permanently disabled for
all regular work and has at least 10 years (120 months) of creditable railroad
service. Employees with 5-9 years of creditable railroad service, if at least
5 years were after 1995, may qualify for tier I only (see explanation)
before retirement age on the basis of total disability if they also meet
certain social security earnings requirements. An age reduced tier II amount
would be payable at age 62.
- Occupational disability, at age 60, if an employee has at least 10 years
of creditable railroad service or at any age if the employee has at least 20
years (240 months) of service, when the employee is permanently disabled for
his or her regular railroad occupation. A “current connection” with the
railroad industry is also required for an annuity based on
occupational,
rather than total, disability.
A five-month waiting period beginning with the month after the month of the
onset of disability is required before any disability annuity payments can
begin.
While an annuity based on disability is not paid until an employee has stopped
working for a railroad, employment rights need not be relinquished until the
employee attains full retirement age. However, in order for a supplemental
annuity to be paid by the Board, or for an eligible spouse to begin receiving
annuity payments, a disabled annuitant under full retirement age must relinquish
employment rights.
A Supplemental Annuity can be paid at:
- Age 60, if the employee has at least 30 years of creditable railroad
service.
- Age 65, if the employee has 25-29 years of creditable railroad service.
In addition to the service requirements, a “current connection” with the
railroad industry is required for all supplemental annuities. An employee must
also be receiving a railroad retirement age and service or disability annuity
before a supplemental annuity can be paid. Eligibility is further limited to
employees who had some rail service before October 1981.
Current Connection Requirement
An employee who worked for a railroad in at least 12 months in the 30 months
immediately preceding the month his or her railroad retirement annuity begins
will meet the current connection requirement for a supplemental annuity,
occupational disability annuity or the survivor benefits described later in this
handbook. (If the employee died before retirement, railroad service in at
least 12 months in the 30 months before the month of death will meet the current
connection requirement for the purpose of paying survivor benefits.)
If an employee does not qualify on this basis, but has 12 months of service in
an earlier 30-month period, he or she may still meet the current connection
requirement. This alternative generally applies if the employee did not have any
regular employment outside the railroad industry after the end of the last
30-month period which included 12 months of railroad service and before the
month the annuity begins or the date of death. Full or part-time work for a
nonrailroad employer in the interval between the end of the last 30-month period
including 12 months of railroad service and the beginning date of an employee’s
annuity, or the month of death if earlier, can break a current connection.
Self-employment in an unincorporated business will not break a current
connection; however, self-employment can break a current connection if the
business is incorporated.
Working for certain U.S. Government agencies--Department of Transportation,
National Transportation Safety Board, Surface Transportation Board (the former
Interstate Commerce Commission), National Mediation Board, Railroad Retirement
Board, Transportation Security Administration (as long as work began before TSA
was transferred to the Department of Homeland Security on March 1, 2003)--will
not break a current
connection. Neither State employment with the Alaska Railroad, so long as that
railroad remains an entity of the State of Alaska, nor non-creditable Canadian
railroad service will break a current connection.
A current connection can also be maintained, for purposes of supplemental and
survivor annuities, if the employee completed 25 years of railroad service, was
involuntarily terminated without fault from the railroad industry, and did not
thereafter decline an offer of employment in the same class or craft in the
railroad industry regardless of the distance to the new position. A termination
of railroad service is considered voluntary unless there was no choice available
to the individual to remain in service. Generally, where an employee has no
option to remain in the service of his or her employer, the termination of the
employment is considered involuntary, regardless of whether the employee does or
does not receive a separation allowance. However, each case is decided by the
Board on an individual basis. This exception to the normal current connection
requirements became effective October 1, 1981, but only for employees still
living on that date who left the rail industry on or after October 1, 1975, or
who were on leave of absence, on furlough, or absent due to injury on October 1,
1975.
Once a current connection is established at the time the railroad retirement
annuity begins, an employee never loses it, no matter what kind of work is
performed thereafter.
Spouse Annuities
The requirements for a spouse annuity depend on the employee’s age and date of
retirement and the employee’s years of railroad service.
If a retired employee with 30 years of service is age 60, the employee’s spouse
is also eligible for an annuity the first full month the spouse is age 60.
Certain early retirement reductions are applied if the employee first became
eligible for a 60/30 annuity July 1, 1984, or later and retired at ages 60 or 61
before 2002. If the employee was awarded a disability annuity, has attained age
60 and has 30 years of service, the spouse can receive an unreduced annuity the
first full month she or he is age 60, regardless of whether the employee annuity
began before or after 2002 as long as the spouse’s annuity beginning date is
after 2001.
If a retired employee with less than 30 years of service is age 62, the
employee’s spouse is also eligible for an annuity the first full month the
spouse is age 62. Early retirement reductions are applied to the spouse annuity
if the spouse retires prior to full retirement age. Full retirement age for a
spouse is gradually rising to age 67, just as for an employee, depending on the
year of birth. Reduced benefits are still payable at age 62, but the maximum
reduction will be 35 percent rather than 25 percent by the year 2022. The tier
II portion of a spouse annuity is not reduced beyond 25 percent if the employee
had any creditable railroad service before August 12, 1983.
A spouse of an employee receiving an age and service annuity (or a spouse of a
disability annuitant who is otherwise eligible for an age and service annuity)
is eligible for a spouse annuity at any age if caring for the employee’s
unmarried child, and the child is under age 18 or a disabled child of any age
who became disabled before age 22.
The employee must have been married to the spouse for at least one year, unless
the spouse is the natural parent of their child, the spouse was eligible or
potentially eligible for a railroad retirement widow(er)’s, parent’s or disabled
child’s annuity in the month before marrying the employee or the spouse was
previously married to the employee and received a spouse annuity. However,
entitlement to a surviving divorced spouse, surviving divorced young mother
(father), or remarried widow(er) annuity does not waive the one-year marriage
requirement.
An annuity may also be payable to the divorced wife or husband of a retired
employee if their marriage lasted for at least 10 years, both have attained age
62 for a full month and the divorced spouse is not currently married. The amount
of a divorced spouse’s annuity is, in effect, equal to what social security
would pay in the same situation and therefore less than the amount of the spouse
annuity otherwise payable (tier I only).
Employee and Spouse Annuity Estimates
Railroad employees can get estimates of future annuities for themselves and
their spouses through the Board’s Web site at www.rrb.gov. The estimates are
based on the service and earnings records maintained by the Board and show the
earliest date the employee can receive a full annuity and, if applicable, the
earliest date he or she can receive a reduced annuity. Employees who want
estimates can also contact the nearest field office of the Railroad Retirement
Board for approximate figures. Each Board field office can furnish estimates for
employees with at least 10 years of railroad service, or 5 years after 1995. It
is not possible to provide a precise amount if the employee is not currently
eligible.
The following tables illustrate average amounts awarded to employees and
spouses in fiscal year 2005.
Table 1. Fiscal Year 2005 Annuity
Awards
to 30-year
Employees
Retiring Before Full Retirement Age
Employee |
$2,829 |
35.6 |
Employee and spouse |
$4,013 |
35.7 |
NOTE.-- For employees with at least 25 years of service and a
current connection, a supplemental annuity may be payable. The
supplemental annuity amount, for awards after 1974, is $23 plus
$4 for each year of service over 25 years, up to a maximum of
$43 for employees with 30 or more years of service. Figures in
the tables on this page include supplemental annuity amounts. |
Table 2. Fiscal Year 2005 Annuity Awards Based on
Service Averaging Less than
30 Years
Employee full retirement age or over
|
$1,714 |
22.4 |
Employee full retirement age or over
and spouse
|
$2,404
|
23.9 |
Employee under full retirement age with less than 30 years of
service |
$1,263 |
17.4 |
Employee under full retirement age with less than 30 years of
service and spouse |
$1,700 |
17.7 |
Employee retiring because of disability
|
$2,211 |
24.3 |
Two-tier Annuities and Dual Benefits
Regular railroad retirement annuities are calculated under a two-tier formula.
The annuity formula components for employees and spouses are described later in
this
chapter.
The first tier is based on railroad retirement credits and any social
security credits an employee has acquired. The amount of the first tier is
calculated using social security formulas, but with railroad retirement age and
service requirements.
The second tier is based on railroad retirement credits only, and may be
compared to the retirement benefits paid over and above social security benefits
to workers in other industries.
An additional amount may also be payable as part of the regular annuity if an
employee had at least 120 months of railroad service and acquired sufficient
quarters of coverage for an insured status under the Social Security Act before
1975, and also met certain vesting requirements.
Employees with Railroad Retirement and
Social Security Benefits
Since 1975, if a retired or disabled railroad retirement annuitant is also
awarded social security benefits, the Social Security Administration determines
the amount due, but a combined monthly benefit payment is issued by the Railroad
Retirement Board.
Since the tier I portion of an employee annuity is based on combined railroad
retirement and social security credits, it is reduced by the amount of any
actual social security benefit paid on the basis of the employee’s nonrailroad
employment in order to prevent a duplication of benefits based on those
earnings. The tier I amount is also reduced in the event a social security
benefit is payable to the employee on the basis of another person’s earnings.
This reduction follows principles of social security law which, in effect, limit
payment to the higher of any two or more benefits payable to an individual at
one time. An annuitant is required to advise the Railroad Retirement Board if
any benefits are received directly from the Social Security Administration or if
those benefits increase (other than for an annual cost-of-living increase).
If an employee qualified for dual benefits before 1975 and met certain vesting
requirements, he or she can receive an additional annuity amount, which offsets,
in part, the dual benefit reduction. This additional amount, which reflects the
dual benefits payable prior to 1975, is called the vested dual benefit payment.
The vested dual benefit cannot be paid prior to the date the employee could
begin to receive a social security benefit if he or she were to file for such a
benefit.
Employees who do not qualify for a vested dual benefit may be eligible for a
refund of any excess social security taxes they paid (see
Dual Tax Payments).
Employees with Public, Non-profit or
Foreign Pensions
For employees first eligible for a railroad retirement annuity
and a Federal,
State or local government pension after 1985, there may be a reduction in the
tier I amount for receipt of a public pension based, in part or in whole, on
employment not covered by social security or railroad retirement after 1956.
This may also apply to certain other payments not covered by railroad retirement
or social security, such as from a non-profit organization or from a foreign
government or a foreign employer, but it does not include military service
pensions, payments by the Department of Veterans Affairs, or certain benefits
payable by a foreign government as a result of a totalization agreement between
that government and the United States.
Workers’ Compensation
If an employee is receiving a disability annuity, the tier I portion may,
under certain circumstances, be reduced for receipt of workers’ compensation or
public disability benefits.
If an annuitant becomes entitled to any pensions or benefits as described above,
the Board must be notified immediately.
Spouses with Dual Benefits
Social Security Benefits
The tier I portion of a spouse annuity is reduced for any social security
entitlement, regardless of whether the social security benefit is based on the
spouse’s own earnings, the employee’s earnings or the earnings of another
person. This reduction follows principles of social security law which, in
effect, limit payment to the higher of any two or more benefits payable to an
individual at one time.
Public Pensions
The tier I portion of a spouse annuity may also be reduced for receipt of any
Federal, State or local government pension separately payable to the spouse
based on the spouse’s own earnings. The reduction generally does not apply if
the employment on which the pension is based was covered under the Social
Security Act throughout the last 60 months of public employment. (This 60-month
requirement is being phased in over a 5-year period ending March 1, 2009, and
there are some exceptions.) Most military service pensions and payments from the
Department of Veterans Affairs will not cause a reduction. For spouses subject
to the public pension reduction, the tier I reduction is equal to 2/3 of the
amount of the public pension.
Employee Annuity
If both the husband and wife are qualified
railroad employees and either had some railroad service before 1975, both can
receive their own railroad retirement employee and spouse annuities, without a
full dual benefit reduction.
If both the husband and wife started railroad employment after 1974, the amount
of any spouse or divorced spouse annuity is reduced by the amount of the
employee annuity to which the spouse is also entitled.
Minimum Guaranty for Employee and Spouse
Annuities
Under a special minimum guaranty provision, railroad families will not
receive less in monthly benefits than they would have if railroad earnings were
covered by social security rather than railroad retirement laws. This guaranty
is intended to cover situations in which one or more members of a family would
otherwise be eligible for a type of social security benefit which is not
provided under the Railroad Retirement Act.
For example, social security provides children’s benefits when an employee is
totally disabled, retired, or deceased. The Railroad Retirement Act only
provides children’s benefits if the employee is deceased. Therefore, if a
retired rail employee has children who would otherwise be eligible for a benefit
under social security, the employee’s annuity would be increased to reflect what
social security would pay the family, unless the annuity is already more than
that amount.
Cost-of-living Increases in Employee
and
Spouse Retirement Benefits
After retirement, the
tier I portions of both
employee and spouse annuities are generally increased for higher living costs at
the same time, and by the same percentage, as social security benefits. These
increases, effective December 1 and included in the January payment, are
triggered under both programs when the Consumer Price Index rises during the 12
months ending the previous September 30. Generally, if the Index increases by
five percent, for example, the tier I portion increases by five percent.
If an annuitant is receiving both railroad retirement and social security
benefits, the increased tier I portion is reduced by the increased social
security benefit.
The tier II
portions
of retired employee and spouse annuities are normally
increased annually by 32.5 percent of the increase in the Consumer Price Index.
Tier II cost-of-living increases are generally payable at the same time as tier
I cost-of-living increases. Vested dual benefit payments and supplemental
annuities are not increased by these cost-of-living adjustments.
Working After Retirement
Neither a regular annuity, a supplemental
annuity nor a spouse annuity is payable for any month in which a retired
employee works for an employer covered under the Railroad Retirement Act,
including labor organizations. However, compensation of less than $25 a month by
a local lodge employee will not prevent payment of the annuity for that month.
Retired employees and spouses who work for their last pre-retirement nonrailroad
employer are subject to an earnings deduction. Such employment will reduce tier
II benefits and supplemental annuity payments, which are not otherwise subject
to earnings deductions, by $1 for each $2 of earnings received, subject to a
maximum reduction of 50 percent. These reductions continue after full retirement
age.
Retired employees and spouses who have not yet attained full social security
retirement age, which ranges from age 65 for those born before 1938 to age 67
for those born in 1960 or later, may also be subject to additional earnings
deductions for any earnings, in or outside the rail industry, that exceed
certain exempt amounts. The tier I and vested dual benefits of these employee
and spouse annuities are subject to deductions if earnings exceed the exempt
amounts applicable to social security beneficiaries. Prior to the calendar year
in which full social security retirement age is attained, the deduction is $1 in
benefits for every $2 of annual earnings exceeding an exempt amount ($12,480 in
2006).
If the employee or spouse has a tier I reduction for social security benefits,
the tier I benefit is not reduced for excess earnings.
In the first year in which an employee subject to these earnings deductions is
both entitled to an annuity and has a non-work month, a full annuity can be paid
for those months in which the employee had low earnings or did not have
substantial self-employment, no matter what total earnings for the year were. A
non-work month is one in which the employee neither earns over 1/12th of the
annual exempt amount nor has substantial self-employment. Non-work months can be
claimed in only one calendar year, which need not necessarily be the first year
of entitlement.
In the calendar year in which an individual attains full social security
retirement age, deductions of $1 are made in tier I and vested dual benefits for
every $3 earned in excess of an exempt amount ($33,240 in 2006), but only
counting those earnings in the months prior to the month full retirement age is
attained. These tier I and vested dual benefit deductions stop effective with
the month full retirement age is attained.
Earnings received for services rendered, plus any net earnings from
self-employment, are considered when assessing deductions for earnings.
Interest, dividends, certain rental income or income from stocks, bonds, or
other investments are not generally considered earnings for this purpose.
Annuitants under full retirement age who work after retirement and expect that
their earnings for a year will be more than the annual exempt amount must
promptly notify the Board and furnish an estimate of their expected earnings in
order to prevent an overpayment and penalties. They should also notify the Board
if their original estimate changes significantly.
Retired employees and spouses who return to work for a railroad or for their
last pre-retirement nonrailroad employer must notify the Board, regardless of
earnings or age.
A spouse benefit is subject to reductions not only for the spouse’s earnings,
but also for the earnings of the employee, regardless of whether the earnings
are from service for the last pre-retirement nonrailroad employer or other
post-retirement employment.
A spouse annuity is not payable for any month in which the employee’s annuity is
not payable, or for any month in which the spouse works for an employer covered
under the Railroad Retirement Act.
Disability work restrictions.—If
an annuity is based on disability, there are certain work restrictions that can
affect payment, depending on the amount of earnings. The annuity is not payable
for any month in which the annuitant works for an employer covered under the
Railroad Retirement Act. The annuity is not payable for any month in which the
annuitant earns more than $400 in any employment or net self-employment,
exclusive of disability-related work expenses. Withheld payments will be
restored if earnings for the year are less than $5,000 after deduction of
disability-related work expenses. Otherwise, the annuity is subject to a
deduction of one month’s benefit for each multiple of $400 earned over $4,800
(the last $200 or more of earnings over $4,800 counts as $400). Failure to
report such earnings could involve a penalty charge.
These disability work restrictions cease upon a disabled employee annuitant’s
attainment of full retirement age. This transition is effective no earlier than
full retirement age even if the annuitant had 30 years of service. Earnings
deductions continue to apply to those working for their last pre-retirement
nonrailroad employer.
If a disabled annuitant works before full retirement age, this may also raise a
question about the possibility of that individual’s recovery from disability,
regardless of the amount of earnings. Consequently, any earnings must be
reported promptly to avoid overpayments, which are recoverable by the Board and
may also include penalties.
When Annuities Stop
Payment of any annuity stops upon the annuitant’s death, and the annuity is
not payable for any day in the month of death. A
disability annuity stops
if the annuitant recovers from his or her disability. A
spouse annuity stops if
the employee’s annuity terminates. While a divorce ends eligibility for a spouse
annuity, a divorced spouse may, under conditions described previously, qualify
for a divorced spouse’s annuity. A divorced spouse’s annuity stops upon
remarriage or upon entitlement to a social security benefit, based on her or his
own earnings, if the unreduced social security benefit is equal to or greater
than one-half of the employee’s unreduced tier I amount. A divorced spouse’s
annuity may be reduced or stopped if the divorced spouse is also entitled to a
railroad retirement annuity.
It is important to notify the Railroad Retirement Board promptly if one of the
above changes occurs. Failure to report can result in an overpayment, which the
Board will take action to recover, sometimes with interest or penalties. Failure
to report changes promptly or making a false statement can also result in a fine
or
imprisonment.
Survivor Benefits
Annuities are payable to surviving widows and widowers, children and certain
other dependents. Lump-sum benefits are payable after the death of a railroad
employee only if there are no qualified survivors of the employee immediately
eligible for annuities. With the exception of a residual lump-sum death benefit,
eligibility for survivor benefits depends on whether or not the employee was
“insured” under the Railroad Retirement Act at the time of death.
An employee is insured if he or she has at least 10 years of railroad service,
or 5 years performed after 1995, and a “current connection” with the railroad
industry as of the earlier of the month the annuity begins or the month of
death. The current connection requirement is described earlier in this chapter.
If a deceased employee was not so insured, jurisdiction of any survivor benefits
payable is transferred to the Social Security Administration and any survivor
benefits are paid by that agency instead of the Board. Regardless of which
agency has jurisdiction, the deceased employee’s railroad retirement and social
security credits will be combined for the purpose of benefit computations.
Types of Survivor Benefits
Annuities are payable to widows, widowers and
unmarried children; in certain cases, benefits are also payable to parents,
remarried widow(er)s, grandchildren and surviving divorced spouses.
Widows’
and Widowers’ Annuities
are payable at:
- Age 60;
age reductions are applied to annuities awarded before full retirement age.
The eligibility age for unreduced annuities is gradually rising from 65 to 67,
depending on the year of birth.
- Ages 50-59 if the widow(er) is totally and
permanently disabled and unable to work in any regular employment. The
disability must have begun within seven years after the employee’s death or
within seven years after the termination of an annuity based on caring for a
child of the deceased employee. A five-month waiting period is required after
the onset of disability before a disability annuity can begin.
- Any age if the widow(er) is caring for an
unmarried child of the deceased employee under age 18 or a disabled child of
any age who became disabled before age 22.
Generally, the widow(er) must have been
married to the employee for at least nine months prior to death, unless she or
he was the natural parent of their child, the employee’s death was accidental or
while on active duty in the U.S. Armed Forces, the widow(er) was potentially
entitled to certain railroad retirement or social security benefits in the month
before the month of death, or the marriage was postponed due to State
restrictions on divorce due to mental incompetence or similar incapacity.
Survivor annuities may also be payable to a
surviving divorced spouse, or
remarried widow(er). Benefits are limited to the amount social security would
pay and therefore are less than the amount of the survivor annuity otherwise
payable.
A surviving divorced spouse may qualify if she or he was married to the employee
for at least 10 years, is unmarried or remarried under the conditions described
in the next paragraph, and is age 60 or older (50 if disabled). A surviving
divorced spouse who is unmarried can qualify at any age if caring for the
employee’s child and the child is under age 16 or disabled, in which case the
10-year marriage requirement does not apply.
The portion of a survivor annuity equivalent to a social security benefit (tier
I) may be paid to a widow(er) or surviving divorced spouse who remarries after
age 60, or to a disabled widow(er) or disabled surviving divorced spouse who
remarries after age 50; however, remarriage prior to age 60 (or age 50 if
disabled) would not prevent eligibility if such remarriage ends. Such social
security level benefits may also be paid to a younger widow(er) or surviving
divorced spouse caring for the employee’s child who is under age 16 or disabled,
if the remarriage is to a person receiving railroad retirement or social
security benefits or the remarriage ends.
Other Survivor Annuities are payable to:
- An
unmarried child
under age 18.
- An
unmarried child age 18 in full-time
attendance at an elementary or secondary school or in approved homeschooling,
until the student attains age 19 or the end of the school term in progress
when the student attains age 19. In most cases where a student attains age 19
during the school term, benefits are limited to the two months following the
month age 19 is attained.
- An
unmarried disabled child
over age 18 if the child became totally and permanently disabled before age
22.
- An
unmarried dependent grandchild
meeting any of the requirements described above for a child, if both the
grandchild’s parents are deceased or disabled.
- A
parent at age 60 who was dependent on the
employee for at least half of the parent’s support. If the employee was also
survived by a widow(er), surviving divorced spouse or child who could ever
qualify for an annuity, the parent’s annuity is limited to the amount that
social security would pay (tier I).
Survivor Annuity Estimates
The best way for survivors to obtain an
annuity estimate is to visit or telephone the nearest Board field office. Active
or retired employees who are concerned about the amount of benefits which would
be payable to their survivors may also receive estimates from the
nearest Board field office.
The average annuity awarded to widow(er)s in fiscal year 2005, excluding
remarried widow(er)s and surviving divorced spouses, was $1,412 a month.
Children received $1,023 a month, on the average. Total family benefits for
widow(er)s with children averaged $2,916 a month. The average annuity awarded to
remarried widow(er)s or surviving divorced spouses in fiscal year 2005 was $802
a month.
Survivor Annuity Tiers
Survivor annuities, like retirement annuities,
consist of tier I and tier II components.
Tier I is based on the deceased employee’s combined railroad retirement and
social security credits, and is generally equivalent to the amount that would
have been payable under social security.
Tier II amounts are percentages of the deceased employee’s tier II amount, as
described later in this chapter.
Survivor annuity amounts may also be determined under certain minimum provisions
which guarantee that a widow(er)’s annuity will be at least equal to the
two-tier benefit the deceased employee would have received at the time of the
award of the widow(er)’s annuity, minus certain reductions including those for
age and receipt of social security benefits, and no less than the spouse annuity
she or he was receiving just prior to the employee’s death.
Survivors with Dual
Benefits
Social Security Benefits
The tier I portion is reduced by the amount of any social security benefits
received by a survivor annuitant, even if the social security benefits are based
on the survivor’s own earnings. This reduction follows the principles of social
security law which, in effect, limit payment to the higher of any two or more
benefits payable to an individual at one time. When both railroad retirement
annuities and social security benefits are payable, they are generally combined
into a single payment issued through the Board. A survivor annuitant must notify
the Board if any benefits are received directly from the Social Security
Administration or if those benefits increase (other than for an annual
cost-of-living increase).
Public Pensions
The tier I portion of a widow(er)’s annuity
may be reduced for receipt of any Federal, State or local government pension
based on the widow(er)’s own earnings. The reduction generally does not apply if
the employment on which the pension is based was covered under the Social
Security Act throughout the last 60 months of public employment. (This 60-month
requirement is being phased in over a 5-year period ending March 1, 2009, and
there are some exceptions.)
Most military service pensions and payments from the Department of Veterans
Affairs will not cause a reduction. For those subject to the public pension
reduction, the
tier I reduction is equal to 2/3 of the amount of the public pension.
Employee Annuity
If
a widow(er) is qualified for a railroad retirement employee annuity as well as a
survivor annuity, a special guaranty applies in some cases. If both the widow(er)
and the deceased employee started railroad employment after 1974, the survivor
annuity payable to the widow(er) is reduced by the amount of the employee
annuity.
If either the deceased employee or the survivor annuitant had some service
before 1975 but had not completed 120 months of railroad service before 1975,
the employee annuity and the tier II portion of the survivor annuity would be
payable to the widow(er). The tier I portion of the survivor annuity would be
payable only to the extent that it exceeds the tier I portion of the employee
annuity.
If either the deceased employee or the survivor annuitant completed 120 months
of railroad service before 1975, the widow or dependent widower may receive both
an employee annuity and a survivor annuity, without a full dual benefit
reduction.
Cost-of-living Increases in Survivor
Annuities
Cost-of-living increases, effective
December 1 and included in the January payment, are made on the basis of
increases in national prices or, in some circumstances, average national wages,
and calculated the same way as cost-of-living increases in employee and spouse
annuities.
However, in the case of widow(er)s’ annuities computed on the basis of the
initial minimum amount provided under 2001 legislation, the monthly payment will
not increase until the amount payable under previous law plus subsequent
cost-of-living increases is higher than the initial minimum amount.
Work and Earnings Limitations
A survivor annuity is not payable for any month the survivor works for an
employer covered under the Railroad Retirement Act.
Survivors who are receiving social security benefits have their railroad
retirement annuity and social security benefit combined for earnings limitations
purposes. Prior to the calendar year in which full retirement age is attained,
there is a deduction of $1 in benefits for every $2 earned over an exempt amount
($12,480 in 2006). The deduction is $1 for every $3 earned over an exempt amount
($33,240 in 2006) for the months in the calendar year in which the individual
attains full retirement age, up to the month of attainment. Work deductions stop
effective with the month full retirement age is attained. In the first year in
which a survivor is both entitled to an annuity and has a non-work month, a full
annuity can be paid for those months in which the survivor had low earnings or
did not have substantial self-employment, no matter what total earnings for the
year were.
As work and earnings may affect the payment of an annuity, they must be reported
promptly to the Board in order to prevent potential overpayments.
These earnings restrictions do not apply to disabled widow(er)s under age 60 or
to disabled children. However, any work or earnings by a disability annuitant
must be reported and are reviewed to determine whether they indicate recovery
from the disability.
When Survivor Payments Stop
Payment stops upon death, and no annuity is payable for the month of death.
An annuity based on disability stops if the annuitant recovers from the
disability. Remarriage will reduce a widow(er)’s or parent’s annuity rate and,
in some cases, prevent payment. A child’s or grandchild’s annuity will stop if
he or she marries, reaches age 18, or, if attending elementary or secondary
school full-time, reaches age 19. Any of the above occurrences must be reported
promptly to the Board in order to prevent an overpayment.
Lump-sum Death Benefits
A lump-sum death benefit is payable to certain
survivors of an employee with 10 or more years of railroad service, or less than
10 years if at least 5 years were after 1995, and a current connection with the
railroad industry if there is no survivor immediately eligible for an annuity
upon the employee’s death.
The amount payable depends primarily on whether the deceased employee was
credited with 10 years of service before January 1, 1975, in which case the
average benefit payable is about $900. In all other cases where a lump sum is
payable, the benefit is $255.
If the employee had 10 years of service prior to 1975, the lump-sum benefit is
payable to the widow(er) if she or he were either living with or supported by
the employee at the time of death, or if the employee were under a court order
for support. If the employee was not survived by a qualified widow(er), the
benefit may be paid to the funeral home or the payer of the funeral expenses,
but the amount paid cannot exceed the actual costs involved. If the employee did
not have 10 years of service before 1975, the lump sum is payable
only to the widow(er) living in the same household as the employee at the time of the
employee’s death.
If the employee had less than 10 years of service but had 5 years after 1995, he
or she must have met social security’s insured status requirement for the lump
sum to be payable.
If a widow(er) is eligible for monthly benefits at the time of the employee’s
death, but the widow(er) had excess earnings deductions which prevented annuity
payments or for any other reason did not receive monthly benefits in the
12-month period beginning with the month of the employee’s death totaling at
least as much as the lump sum, the difference between the lump-sum benefit and
monthly benefits actually paid, if any, is payable in the form of a deferred
lump-sum benefit.
Residual lump-sum payment.—The
railroad retirement system also provides, under certain conditions, a residual
lump-sum death benefit which ensures that a railroad family receives at least as
much in benefits as the employee paid in railroad retirement taxes before 1975.
This benefit is, in effect, a refund of an employee’s pre-1975 railroad
retirement taxes, after subtraction of any benefits previously paid on the basis
of the employee’s service. This benefit is seldom payable.
Retirement-Survivor Information
Applying for an Annuity
Applications for railroad retirement or survivor benefits are generally filed
at one of the Board’s field offices, or with a traveling Board representative at
a customer outreach program service location or by telephone and mail. The Board
accepts applications up to three months in advance of an annuity beginning date.
However, applications for employee disability annuities may not be filed until
an employee is no longer in compensated service. Compensated service includes
the receipt of pay for time lost, some wage continuation payments, or any other
employer compensation preventing the payment of railroad retirement benefits.
Railroad employees can also get estimates of their future annuities over the
Internet. Employees can access this service by visiting
Benefit Online Services for directions on
establishing an RRB Internet Services account.
Persons applying for railroad retirement benefits will be automatically enrolled
in the U.S. Treasury’s Direct Deposit Program, which electronically transfers
Federal payments into individuals’ checking or savings accounts. However, Direct
Deposit waivers are available to individuals who state that Direct Deposit would
cause a hardship, and to individuals without bank accounts.
Under the Board’s Customer Service Plan, the standard is that employees and
spouses who file for their annuity in advance will receive their first payment,
or a decision, within 35 days of the beginning date of their annuity. If they
did not file in advance, they will receive their first payment, or a decision,
within 65 days of the date the application was filed. Applicants for disability
annuities will receive a decision within 105 days of the date they filed their
application; if they are entitled to disability benefits, they will receive
their first payment within 25 days of the date of the decision or the earliest
payment date, whichever is later. Those filing for a railroad retirement
survivor annuity or lump-sum benefit will receive the first payment, or a
decision, within 65 days of the date the application was filed, or entitlement
to benefits began, if later. Those already receiving a spouse annuity will
receive the first payment, or a decision, within 35 days of the date the Board
receives notice of the employee’s death.
To expedite filing, applicants should contact their local Board office for a
pre-retirement consultation. Certain documents are required when filing a
railroad retirement annuity application, such as:
For employees and spouses:
- Proof of an employee’s age.
- Proof of any military service.
- Proof of marriage if the spouse
is eligible or will shortly become eligible
for a spouse annuity. A divorced spouse must also furnish proof of
divorce
from the
employee.
- Proof of the spouse’s or divorced spouse’s
age.
- Proof of a child’s relationship and age, if the spouse is applying for an
annuity based on caring for the employee’s child.
- Notice of any social security benefit award or other social security claim
determination.
- Information about any public service pension for which the applicant
qualifies.
- Banking information for Direct Deposit of benefit payments.
The best proof of age is a certified copy of a civil or church document
recorded at or close to the time of birth. The best proof of marriage is a
certified copy of the public or church record or the original marriage
certificate. A divorced spouse would be expected to furnish a certified copy of
the final divorce decree. Proof of military service may be a certificate of
discharge, or any official military record that shows the dates of service.
Applicants for disability annuities are required to submit supporting medical
information. They are sometimes asked to take a special medical examination
given by a doctor named by the Board.
An annuity is payable as of the first full month throughout which the employee
and/or spouse is age 60, or age 62 in the case of reduced annuities. An annuity
is payable the first day of the month full retirement age is attained in the
case of unreduced annuities with less than 30 years of service.
The retroactivity of a retirement annuity application is limited to one year for
disability annuities and six months for full age annuities. There is generally
no retroactivity for reduced age annuities.
For survivors:
- A widow(er) must furnish proof of age, proof of marriage and proof of the
employee’s death. A surviving divorced spouse must furnish proof of divorce
from the employee. If applying for a disability annuity, the widow(er) must
also provide supporting medical evidence. A parent must furnish proof of
relationship to the employee and proof of support from the employee.
- If children are eligible for benefits, proof of the relationship and age
of each child is needed. If a child is over age 18 and disabled, supporting
medical evidence is required. Eighteen-year-old students must provide proof of
full-time elementary or high school attendance. A stepchild of the employee
must provide proof of dependency on the employee.
Retroactivity of a survivor annuity application is one year for disabled widow(er)s and six months for full retirement age widow(er)s, mothers (fathers),
children and parents. Retroactivity for widow(er)s ages 60-61 is six months if
it does not increase the age reduction (this does not apply to surviving
divorced spouses or remarried widow(er)s). Otherwise, there is generally no
retroactivity for reduced age widow(er)s’ annuities. Lump-sum death benefit
applications must be filed within two years after the death of the employee.
There is no time limit on filing for a residual payment.
Garnishment/Property Settlements
Garnishment.—Certain percentages
of an employee, spouse or survivor annuity may be subject to legal process
(i.e., garnishment) to enforce an obligation for child support and/or alimony
payments.
Property settlements.—Employee
tier II benefits, vested dual benefits and supplemental annuities are subject to
court-ordered property settlements in proceedings related to divorce, annulment
or legal separation. Tier I benefits are not subject to property settlements.
Representative Payees
Railroad retirement or health insurance benefit payments can be made to a
representative payee for a beneficiary if it would best serve the interests of
the beneficiary. Payments made in this way are generally for a child, or an
adult incapable of using the benefits in his or her own interest. The
representative payee must use the benefits for the beneficiary’s best interest.
The benefits are generally used to provide for basic needs. The representative
payee must report events which could affect the payment of the benefits and be
able to account for the benefits.
If Requirements for Benefits Are Not Met
Retirement annuities are not payable by the Board unless the employee has 5
years (60 months) of creditable service after 1995 or 10 years (120 months) of
service at any time. Service includes any creditable military service.
Survivor annuities are not payable unless the employee had a current connection
with the railroad industry and either 5 years (60 months) of creditable service
after 1995 or 10 years (120 months) of service at any time.
In either of the above circumstances, if the requirements are not met, the
employee’s railroad retirement credits are transferred to the Social Security
Administration and treated as social security credits. Benefits paid by that
agency would accordingly take into account both railroad and social security
covered earnings.
The Railroad Retirement Act does not allow a former railroad employee to
withdraw his or her retirement taxes. Like social security taxes, railroad
retirement taxes are not refundable unless retirement tax withholding has
exceeded annual maximums.
Railroad Retirement Taxes
By law, railroad retirement tier I payroll taxes are coordinated with social
security taxes and increase automatically when social security taxes rise.
Employees and employers pay tier I taxes which are the same as social security
taxes. In addition, both employees and employers pay tier II taxes to finance
railroad retirement benefit payments over and above social security levels.
Railroad retirement taxes apply to earnings on an annual basis. The amounts of
earnings subject to these taxes are determined annually on the basis of national
wage levels.
Table 3. 2006 Regular
Railroad Retirement Taxes
Tier I |
Employees and employers |
7.65%* |
$94,200 |
Tier II |
Employees |
4.40% |
$69,900 |
Employers |
12.60% |
$69,900 |
Annual regular taxes
on employees
earning $94,200
Employees |
$7,206.30 |
$3,075.60 |
$10,281.90
|
Employers
|
$7,206.30 |
$8,80740 |
$16,013.70 |
* The tier I tax
rate is divided into 6.20% for railroad retirement and 1.45% for
Medicare hospital insurance. The 2006 maximum earnings base for
railroad retirement is $94,200 and the Medicare hospital
insurance tax is applied to all earnings. Consequently, employee
and employer contributions continue to be made at the 1.45%
rate, even after the employee has earned $94,200. |
Dual Tax Payments
Since 1975, railroad employees who also worked
for a social security covered employer in the same year may, under certain
circumstances, receive a tax credit equivalent to any excess social security
taxes withheld.
Employees who worked for two or more railroads in a year, or who had tier I
taxes withheld from their Railroad Retirement Board sickness benefits in
addition to their railroad earnings, may be eligible for a tax credit of any
excess tier I or tier II railroad retirement taxes withheld. Employees who had
tier I taxes withheld from their supplemental sickness benefits may also be
eligible for a tax credit of any excess tier I tax. Such tax credits may be
claimed on an employee’s Federal income tax return.
Employees who worked for two or more railroads, or had both railroad retirement
and social security taxes withheld from their earnings, should see Internal
Revenue Service publication 505, Tax
Withholding and Estimated Tax, for
information on how to figure any excess railroad retirement or social security
tax withheld.
Dual Railroad Retirement-Social Security
Taxes Paid, 1951-74
An employee with 10 or more years of railroad service who is not entitled to
a vested dual benefit payment may be entitled to a refund of excess social
security taxes if his or her combined taxable earnings from the railroad
retirement and social security systems in any year in the period 1951-74
exceeded a maximum annual amount creditable under the Railroad Retirement Act.
Eligible employees will receive their refunds from the Board at retirement
without applying for them. In the event an employee should die before receiving
the refund, payment will be made to the employee’s survivors.
Separation or Severance Payments
A lump sum, approximating railroad retirement tier II payroll taxes deducted
from separation or severance payments, may be paid upon retirement to employees
meeting minimum service requirements, or their survivors, to the extent that the
separation or severance payments did not yield additional railroad retirement
service or earnings credits. The lump-sum provision applies to separation and
severance payments made after 1984.
Federal Income Tax on Railroad Retirement
Benefits
The tier I portion of a railroad retirement annuity that is actually
equivalent to a social security benefit is treated as a social security benefit
for Federal income tax purposes. Depending on the amount of other income
received in the taxable year, a portion of these benefit payments may be subject
to Federal income tax.
Tier I benefits exceeding social security benefits, such as retirement benefits
payable between ages 60 and 62, and many occupational disability annuities, plus
the tier II portions of railroad retirement annuities, vested dual benefits, and
supplemental annuities paid by the Board are treated like private pensions for
Federal income tax purposes. The Railroad Retirement Act specifically exempts
benefits paid by the Board from State and local income tax.
The Railroad Retirement Board issues tax information statements to annuitants
each January. In the absence of a request not to withhold, taxes are withheld
from U.S. citizens or residents whose railroad retirement benefits in excess of
the social security equivalent level total more than certain annual threshold
amounts. Any amounts withheld during the taxable year are reflected on the
annual statements.
Monitoring Retirement and Survivor
Benefit Payments
Under several monitoring programs now in effect, the Board maintains contact
with retirement and survivor beneficiaries in order to ensure the reporting of
events which would require suspension or termination of monthly benefits. The
records of beneficiaries are also checked with the Social Security
Administration because annuities may be affected by nonrailroad earnings and
because entitlement to social security benefits affects the amount of all
annuities.
Representative payees.—Each person
who is paid on behalf of another periodically receives a questionnaire. The
purpose of the questionnaire is to determine whether the beneficiary is still
living, how much of the benefits were used for support of the beneficiary and
how any savings were invested.
Disability annuitants.—Disability
annuitants receive a notice annually reminding them of their obligation to
report all events which may affect their continuing entitlement to a disability
annuity. They must notify the Board if they perform any work (including
self-employment). They must also notify the Board if their doctor tells them
their condition has improved and they are able to work.
If a disability annuitant had substantial earnings, his or her physical
condition is reviewed in order to determine whether or not there was a recovery
from the disability. Notices are sent annually until the annuitant reaches full
retirement age.
Employee and Spouse Annuity
Formula Components
The following describes railroad retirement annuity formula components as
applied to new awards. The cost-of-living adjustments applied to annuities are
described in previous pages of this chapter.
Employee Retirement Annuity
The amount of a regular annuity is the total of portions which are computed
separately under different formulas and called tiers, plus any vested dual
benefit payment also due.
Tier I
The first tier is calculated in generally the same way as a social security
benefit. Any social security credits of an employee are combined with his or her
railroad retirement credits for tier I computational purposes.
In computing tier I, an employee’s creditable earnings are adjusted to take into
account the changes in wage levels over a worker’s lifetime. This procedure,
called indexing, increases creditable earnings from past years to reflect
average national wage levels just prior to the employee’s first year of
eligibility. The adjusted earnings are used to calculate “average indexed
monthly earnings,” and a formula is applied to determine the gross tier I
amount.
For employees with less than 10 years of railroad service, tier I benefits are
calculated only if the employee has at least 5 years of service after 1995 and
an “insured status” under social security rules (usually 40 quarters of
coverage), counting both railroad retirement and social security covered
earnings.
Delayed retirement credits.—Tier I
benefits are increased for each month an employee delays retirement past full
retirement age up until age 70. For those who attain full retirement age on
January 1, 2005, or later with a date of birth January 2, 1940, through January
1, 1941, the delayed retirement credit is 7/12 of 1 percent per month. For those
with a date of birth of January 2, 1941, through January 1, 1943, the delayed
retirement credit is 5/8 of 1 percent per month. For those who attain full
retirement age in later years, the delayed retirement credit gradually increases
every other year until it becomes 8 percent per year beginning in 2008 (earned
in 2008 but payable effective 2009).
Age reductions.—For employees
retiring between age 62 and full retirement age with less than 30 years of
service, age reductions are applied separately to the components of an annuity.
As mentioned earlier, the full retirement age is gradually rising from 65 to 67,
depending on the year of birth. The maximum annuity reduction for retirement at
age 62 is gradually increasing from 20 percent to 30 percent.
The full retirement age for employee and spouse benefits increases from 65 to 66
and from 66 to 67 at the rate of two months per year over two separate six-year
periods. These changes also affect how reduced benefits are computed for early
retirement. The increase in full retirement age from age 65 to age 66 affects
those people who were born in the years 1938 through 1942. The full retirement
age will remain at age 66 for people born in the years 1943 through 1954. The
increase in full retirement age from age 66 to age 67 affects those who were
born in the years 1955 through 1959. For people who were born in 1960 or later,
the full retirement age will be 67.
Reduced benefits continue to be available but at greater reductions. The early
retirement reduction factor for an employee is 1/180 for each of the first 36
months of the reduction period regardless of the age of initial entitlement and
will decrease to 1/240 for each month (if any) over 36. This will result in a
gradual increase in the reduction at age 62 to 30 percent for an employee once
the age 67 retirement age is in effect.
Age reductions are required in the tier I annuity amounts of 30-year employees
who retired at ages 60-61 before 2002 and attained age 60 or completed 30 years
of service after June 1984. The age reductions are applied only to the tier I
annuity portion. If an employee affected by this provision was born before 1938
and attained 60/30 eligibility after December 1985, tier I is permanently
reduced by approximately 20 percent. For those born after 1937 who retired
before 2002, the reduction gradually increased as described earlier. In both
cases, the tier I amount is frozen until the first month throughout which the
employee is age 62. It is then recomputed to reflect interim increases in
national wage levels and will become subject to future cost-of-living increases.
No reduction will apply if the employee retired at age 62 or older with 30 years
of service, or at age 60 with 30 years of service and retirement is after 2001.
Table 4. Employee Retiring with Less
Than
30 Years of Service
1937 or earlier |
65 |
20.00% |
1938 |
65 and 2 months |
20.833% |
1939 |
65 and 4 months |
21.667% |
1940 |
65 and 6 months |
22.50% |
1941 |
65 and 8 months |
23.333% |
1942 |
65 and 10 months |
24.167% |
1943 - 1954 |
66 |
25.00% |
1955 |
66 and 2 months |
25.833% |
1956 |
66 and 4 months |
26.667% |
1957 |
66 and 6 months |
27.50% |
1958 |
66 and 8 months |
28.333% |
1959 |
66 and 10 months |
29.167% |
1960 or later |
67 |
30.00% |
Workers’ compensation or public
disability benefit reductions.—For employees who are under age 65 and
receiving a disability annuity, the tier I amount is, under certain
circumstances, reduced for receipt of workers’ compensation or public disability
benefits.
Social security reductions.—After
any required age reduction, the tier I amount is reduced by the amount of any
social security benefits also payable but not to an amount below zero.
Reductions for public, non-profit or
foreign pensions.—For employees who attain eligibility for both tier I
benefits and certain government pension or other payments after 1985, a
reduction may be required for receipt of a public pension based, in part or in
whole, on employment not covered by railroad retirement or social security after
1956. This also applies to payments from a non-profit organization or from
certain foreign governments or employers. Usually, an employee’s tier I benefit
will not be reduced by more than 1/2 of his or her pension from noncovered
employment. However, if the employee is under age 65 and is receiving a
disability annuity, the tier I benefit may be reduced by an additional amount if
the pension from noncovered employment is a public disability benefit.
Tier II
The second tier of a regular annuity is computed under a separate formula,
and is based on railroad service alone. Tier II benefits are equal to
seven-tenths of 1 percent of the product which is obtained by multiplying an
individual’s years of service by such individual’s average monthly compensation
using the tier II tax base in the 60 months of highest earnings. The tier II
component is reduced by 25 percent of any gross employee vested dual benefit
amount due.
Age reductions.—Age reductions
required for those employees retiring between age 62 and their full retirement
age with less than 30 years of service are also applied to the tier II component
of an annuity. The reduction is 1/180 for each of the first 36 months the
employee is under full retirement age when his or her annuity begins and 1/240
for each additional month.
Full retirement age is gradually rising as mentioned earlier. However, if an
employee had any creditable railroad service before August 12, 1983, full
retirement age for
tier II purposes will remain 65.
Employees with 5-9 years of creditable railroad service, if at least 5 years
were after 1995, are eligible for tier II benefits the first full month they are
age 62. Their tier II benefits are subject to the same age reductions that apply
to employees with 10 to 29 years of service. If they are eligible on the basis
of total disability, a tier II benefit is not payable until age 62 and that
amount is reduced for early retirement.
Amount of Vested Dual Benefit Payment
To determine this additional annuity amount for a retired employee meeting
the vesting requirements, the Railroad Retirement Board computes a social
security benefit based solely on the individual’s railroad service before 1975,
and a social security benefit based solely on social security covered earnings
before 1975. The vested dual benefit is the amount by which the total of these
two computations exceeds a social security benefit based on combined railroad
and social security covered earnings before 1975.
The vested dual benefit is increased by the cumulative cost-of-living percentage
increases applicable to tier I benefits that occurred between January 1, 1975,
and the date of retirement or January 1, 1982, whichever was earlier. The
computed amount is then frozen; that is, no further cost-of-living increases are
applied thereafter. The amount of any vested dual benefit due is added to the
tier portions and paid as part of the regular annuity.
The same age reduction applied to the tier I component is applied to the vested
dual benefit component of an annuity for those employees retiring before full
retirement age with less than 30 years of service.
Supplemental Annuity Formula
The amount of a supplemental annuity awarded
after 1974 is equal to $23 plus $4 for each year of service over 25, up to a
maximum of $43. A fraction of $4 is added for each fractional year of service.
If a retired employee also receives a private pension paid for entirely or in
part by a railroad, the supplemental annuity is subject to reduction. The
reduction is equal to the amount of the pension paid for by the employer. If the
employer reduces the private pension because of the supplemental annuity, the
amount of the reduction is restored to the supplemental annuity but does not
raise it over the $43 maximum. There is no reduction in the supplemental annuity
for any part of a private pension paid for by the employee alone nor is there a
reduction for a pension paid by a railroad labor organization.
Spouse Annuity
The spouse annuity formula is based on certain
percentages of the employee’s tier I and tier II amounts.
Tier I
The first tier of a spouse annuity is generally 1/2 of the employee’s tier I
amount after any reduction for the employee’s non-covered service pension but
before any reduction in the employee’s annuity for early retirement or
entitlement to a social security benefit.
Spouse age reductions.— Age
reductions required for those spouses between age 62 and full retirement age of
employees retiring with less than 30 years of service are applied separately to
each annuity component. Full retirement age for a spouse is gradually rising,
just as for an employee. Actuarially reduced benefits continue to be available
but at greater reductions. The tier I reduction is 1/144 for each of the first
36 months the spouse is under full retirement age when her or his annuity begins
and will decrease to 1/240 for each month (if any) over 36. This will result in
a gradual increase in the reduction at age 62 from 25 percent to 35 percent for
a spouse once the age 67 retirement age is in effect.
December 2001 legislation eliminated the tier I age reduction for employees ages
60 or 61 with 30 or more years of service whose railroad retirement annuities
begin
January 1, 2002, or later. The spouses of these employees are also eligible for
full annuities at age 60.
Age reductions required for spouses of employees with 30 years of service who
attained 60/30 eligibility after June 1984 but whose annuities began before
January 2002 are applied only to the tier I portion of the spouse annuity. If
the employee attained 60/30 eligibility before July 1984, retired at age 62 with
30 years of service, or begins receiving an annuity at ages 60 or 61 after 2001
with 30 years of service, the spouse tier I portion is not subject to these
reductions.
If the employee’s annuity is subject to 60/30 age reductions, the spouse of such
an employee may receive a reduced tier I benefit, even if the spouse does not
retire until age 62.
In reduced 60/30 spouse cases, the tier I benefit is equal to 1/2 of the
employee’s reduced tier I on the employee’s annuity beginning date and is also
frozen until the first full month throughout which
both the employee and spouse
are age 62. Then it is recomputed based on 1/2 of the employee’s age 62 gross
tier I amount and reduced for each month the spouse is under full retirement age
at that time. If at the time of recomputation the spouse is already at full
retirement age, or the spouse has a minor or disabled child in care, no age
reduction would apply.
The spouse of a disability annuitant who is otherwise eligible for a 60/30 age
annuity receives an age reduction if the spouse’s annuity beginning date was
before 2002. If the spouse’s annuity beginning date is January 1, 2002, or
later, the spouse can receive an unreduced annuity as early as age 60. If the
spouse is entitled based on having a minor or disabled child in care, there is
no age reduction.
Reductions for other benefits.—After
any applicable age reduction required for the spouse’s early retirement, the
spouse tier I amount is reduced by the amount of
any social security benefit to
which the spouse is entitled.
The tier I amount may also be reduced for certain Federal, State or local
government pension payments based on the spouse’s own earnings. For spouses
subject to the public pension reduction, the tier I reduction is equal to 2/3 of
the public pension.
The spouse tier I amount may also be reduced if the employee under age 65 is
receiving a disability annuity and a workers’ compensation or public disability
benefit.
Divorced spouse.—The annuity of a
divorced spouse is limited to the tier I amount and thus equal to what social
security would pay.
Tier II
The spouse tier II amount is 45 percent of the employee’s tier II amount
before any age reductions. If the employee is awarded a vested dual benefit, the
employee tier II amount used in computing the spouse benefit is the amount after
the 25 percent reduction for the employee’s vested dual benefit entitlement.
Age reductions.—As mentioned
earlier, age reductions are gradually increasing. The tier II age reduction for
spouses of employees retiring with less than 30 years of service is 1/144 for
each of the first 36 months the spouse is under full retirement age when her or
his annuity begins and decreases to 1/240 for each month (if any) over 36.
However, if a railroad employee had any creditable railroad service before
August 12, 1983, the employee and spouse retirement age for tier II purposes
will remain age 65. Age reductions are not applied to spouse annuities based on
the spouse’s caring for a child.
Dual Annuities
If both the employee and spouse are railroad employees and either one had
some railroad service before 1975, the spouse tier I amount is reduced by the
amount of the railroad employee tier I to which the spouse is entitled and that
initial reduction is restored in the spouse tier II amount. The spouse tier I
amount cannot be reduced below zero.
If a spouse is also a railroad employee annuitant and both the employee and
spouse started railroad employment after 1974, the amount of any spouse or
divorced spouse annuity is reduced by the amount of the employee annuity to
which the spouse is also entitled.
A spouse who is also entitled to a survivor annuity on a different earnings
record will likewise receive only the higher benefit unless the smaller benefit
is chosen.
Survivor Annuity Formula Components
Tier I
The survivor tier I amount is based on the deceased employee’s combined
railroad retirement and social security credits, and is computed using social
security formulas. In general, the survivor tier I amount is equal to the amount
of survivor benefits that would have been payable under social security.
The gross survivor tier I amount (before reductions for early retirement, or
other benefits) is generally equivalent to the unreduced tier I retirement
benefit the deceased employee had, or would have, received.
For surviving aged or disabled widow(er)s, remarried widow(er)s and surviving
divorced spouses whose annuities begin a year or more after the employee’s
death, the “average indexed monthly earnings,” upon which the tier I benefit is
based, may be reindexed using a later year if it would result in a higher
benefit provided the employee died before age 62. The reindexing takes into
account changes in national earnings levels which occur after the employee’s
death but before the survivor becomes eligible for benefits. This provides a
benefit consistent with earnings levels at the time of the survivor’s
eligibility, rather than the time of the employee’s death.
A widow(er), surviving divorced spouse or remarried widow(er)
whose annuity
begins at full retirement age or later receives the full tier I amount unless
the deceased employee received an annuity that was reduced for early retirement.
The eligibility age for a full widow(er)’s annuity is gradually rising from 65
to 67. The maximum age reductions will range from 17.1 percent to 20.36 percent,
depending on the widow(er)’s date of birth. For a surviving divorced spouse or
remarried widow(er), the maximum age reduction is 28.5 percent. For a disabled
widow(er), disabled surviving divorced spouse or disabled remarried widow(er),
the maximum reduction is 28.5 percent, even if the annuity begins at age 50.
A widow(er) or surviving divorced spouse whose eligibility is
based on caring
for a child of the employee receives 75 percent of the full tier I amount.
Benefits to a surviving divorced spouse end when the child is 16. An eligible
child also receives 75 percent of the full tier I amount. The total amount the
family can receive is subject to a maximum (usually applicable if there are
three or more family members, not counting aged or disabled surviving divorced
spouses, entitled to survivor annuities).
A dependent parent can receive 82.5 percent of the full tier I amount, but if
both parents are eligible, the total amount cannot be more than 150 percent of
the full tier I amount.
Dual benefit reduction.—The tier I
amount described above is reduced by the amount of any social security benefit
or by the tier I amount of any railroad retirement employee annuity the survivor
also receives. If either the deceased employee or the widow(er) had some
railroad service before 1975 but less than 120 months, the survivor tier I
portion is payable only to the extent that it exceeds the tier I portion of the
widow(er)’s own employee annuity. In the case of a widow or dependent widower
who is also a railroad employee annuitant, and either the widow(er) or the
deceased employee had 120 months of railroad service before 1975, the tier I
reduction may be partially restored in the survivor tier II amount. If the
widow(er) qualifies for a railroad retirement employee annuity and neither the
widow(er) nor the deceased employee had any railroad service before 1975, the
survivor annuity payable to the widow(er) is reduced by the amount of the
widow(er)’s own employee annuity.
The tier I amount may also be reduced by certain
Federal, State or local
government pensions which are based on a widow(er)’s own earnings. For
widow(er)s subject to the government pension reduction, the tier I reduction is
equal to 2/3 of the public pension.
Tier II
Widow(er)s.—December 2001
legislation established an “initial minimum amount” which yields, in effect, a
widow(er)’s tier II benefit equal to the tier II benefit the employee would have
received at the time of the award of the widow(er)’s annuity, minus any
applicable age reduction. It does this by adding a “guaranty amount,” initially
set at 50 percent of the employee’s tier II, to the 100 percent tier I and 50
percent tier II benefits provided under prior law.
This “guaranty amount” is offset each year by the dollar amount of the cost-of-living increases payable in both the tier I and tier II benefits provided under
prior law. Consequently, such a widow(er)’s net benefit payment will not
increase until such time as the widow(er)’s annuity, as computed under prior law
with all interim cost-of-living increases otherwise payable, exceeds the
widow(er)’s annuity computed under the initial minimum amount formula.
The widow(er)s’ guaranty provision applies to all widow(er)s whose annuities
begin February 1, 2002, or later, and to some, but not all, widow(er)s on the
rolls before that date. If, because of previous cost-of-living adjustments,
annuities awarded before February 2002 were already higher than the annuity that
would be payable under the December 2001 legislation, the guaranty did not
apply.
The same age reductions that apply to tier I amounts also apply to tier II
amounts.
If a widow(er) is also a railroad employee annuitant and both the widow(er) and
the deceased employee started railroad employment after 1974, the amount of any
survivor annuity is reduced by the amount of the employee annuity to which the
survivor is also entitled.
Other survivors.—Each child
receives 15 percent of the deceased employee’s tier II amount, and each
surviving parent receives 35 percent. The minimum total tier II amount payable
to a family is 35 percent of the employee’s tier II amount, and the maximum, 130
percent.
A tier II benefit is not provided for a surviving divorced spouse or a remarried
widow(er). A tier II benefit is not payable to surviving parents if other family
members may receive benefits or if the parent has remarried.
Appeals
A railroad worker, spouse, or survivor whose application for a benefit under
the Railroad Retirement Act is denied, or one who is dissatisfied with the
decision, has the right of appeal; that is, he or she may ask for a
reconsideration of the decision. The notification letter sent to the applicant
at the time of the original award or denial of the claim informs him or her of
the right to appeal.
An individual has 60 days, from the date of the initial notice of a decision on
his or her claim, to file a written statement requesting reconsideration from
the Board unit that denied the claim. This step is mandatory before a decision
may be appealed to the Board’s Bureau of Hearings and Appeals. In cases
involving overpayments, requests for waiver of recovery of the overpayment must
be filed within 60 days of the date of the overpayment notice. In such cases,
recovery of the overpayment will be deferred and a personal conference may be
held, if requested. A request for waiver received after 60 days will be
considered but will not defer collection of the overpayment, and any amount of
the overpayment recovered prior to the date on which the waiver request is filed
will not be subject to waiver.
An individual has 60 days from the date of the reconsideration or waiver
decision to file an appeal with the Board’s Bureau of Hearings and Appeals, a
bureau independent of the units responsible for reconsideration decisions. The
Bureau of Hearings and Appeals may, if necessary, further investigate the case
and obtain reports through the Board’s field representatives, designated medical
examiners, and others who may be in a position to furnish information pertinent
to the appellant’s claim. The appellant has the right to request an oral
hearing. If one is held, it may be conducted in the Board office closest to the
appellant’s home. In some cases, video conferencing or phone hearings are held.
If an appellant is not satisfied with the Bureau of Hearings and Appeals’
decision, he or she may appeal to the three-member Board within 60 days from the
date on which notice of the Bureau of Hearings and Appeals’ decision is mailed.
The three-member Board will base its decision on the evidence before the
hearings officer and ordinarily will not accept additional evidence or conduct a
hearing. An appellant who is not satisfied with the Board’s final decision may
apply for a review of the case by a U.S. Circuit Court of Appeals. The petition
for review must be filed within one year after notice of the three-member
Board’s decision has been mailed to the appellant.
|