Purpose of Protest Form G-70
An employee who believes the amount of service and/or compensation reported
for his or her record is incorrect, should file a Form G-70, Protest of Record
of Service Months and Compensation, with the Railroad Retirement Board (RRB).
Form G-70 is available from any local field office of the RRB, or employers may
requisition them from the Bureau of Supply and Service, to provide to their
employees. Requisitions are made using Form G-615, Employer's Supply
Requisition.
Employee Protests to Employer
If an employee contacts the employer about the service and compensation
reported on Form BA-6, the employer may handle the protest directly or may
advise the employee to file a Form G-70 with the RRB.
Supporting Evidence
The completed Form G-70 should be accompanied by substantiating evidence,
such as payroll records. If evidence is not submitted, the RRB has no basis on
which to request an adjustment report if the employer does not agree with the
claim for additional service or compensation. Forms W-2 are useful but not
entirely conclusive as evidence for a claim because gross income may include
amounts not creditable as Tier I and Tier II compensation.
Processing the Protest on Form GL-129
Upon receipt of Form G-70, or any other written protest of record reported by
a labor organization, the RRB will release Form GL-129, Request for Verification
of Service and Compensation, and if applicable, GL-129a, Tracer Second request
for Verification of Service and Compensation (See
Exhibits), to the
NRO. The NRO must either correct the record with a Form BA-4, Report of
Creditable Compensation Adjustment, or verify that the account is correct as
reported.
Form GL-129 on ERS
Currently, Form GL-129 can also be submitted through the Employer Reporting
System (ERS) on the Railroad Retirement Board's (RRB) Internet website.
Instructions for registration and access to the ERS can be found in Part VIII of
these instructions.
Reasons Why Protests Are Filed
The following are common reasons that explain differences in service and
compensation reported by the labor employer and that claimed by the employee:
- The employee claims service month credit for the months the employee
worked but the employer incorrectly credited service only for the months in
which compensation was paid. Compensation was correctly reported. The employer
should file Form BA-4 to report service for the months the employee worked.
- The employee claims compensation credit for the year in which compensation
was earned, but the employer reports compensation generally when paid. This
protest should be considered a request by the employee to have his
compensation adjusted to an earned basis, and a Form BA-4 should be filed. See
Part IV Chapter 1 for
an explanation of reporting on an earned basis. See
Part V Chapter
4 for instructions on completing Form BA-4.
- The employee earned more than the maximum creditable compensation.
Reconsideration Rights
If the account is correct as reported, include a brief explanation with your
response to the RRB, refuting the employee's claim. An explanation is important
because an employee has reconsideration rights in protesting his or her record
if he or she still believes the record is still incorrect, after our reply. |