This pamphlet is issued for the purpose of general information. Certain
limitations, exceptions, and special cases are not covered.
Introduction
The Railroad Unemployment Insurance Act provides two kinds of benefits for
railroad employees: unemployment benefits, when you are not working but are
ready, willing and able to work; and sickness benefits, when you are unable to
work because of illness or injury. Sickness benefits are also payable to female
employees unable to work because of pregnancy, miscarriage, or childbirth.
Benefit payments are based on biweekly claims filed with the Railroad Retirement
Board, the Federal agency responsible for administering the Railroad
Unemployment Insurance Act.
The funds to pay unemployment and sickness benefits are provided by payroll
taxes on railroad employers only. Employees do not pay unemployment insurance
taxes.
The following describes the requirements for railroad unemployment and sickness
benefits, the amounts payable, and how to claim them.
Base Year - Benefit Year
A new benefit year for unemployment and sickness benefits begins every July
1. To qualify in the benefit year beginning July 1, 2008, you must have base
year earnings of $3,075 in calendar year 2007, counting no more than $1,230 per month. To qualify in the benefit year beginning
July 1, 2009, you must have base year earnings of $3,200 in calendar year
2008, counting no more than $1,280 per month. If the base year was
your first year of railroad service, you must also have worked in 5 months of
that year.
If you do not meet these requirements but have at least 10 years of service,
you might still be able to qualify under the
conditions for extended and
accelerated benefits.
Biweekly Benefits
The maximum daily benefit rate payable in the benefit year beginning July 2008 is
$61 and, for biweekly claims, maximum benefits can total $610. The daily benefit
rate will increase to $64 in July 2009 and may increase at the beginning of each
future benefit year depending on the growth in average national wages.
Registration and waiting period.--
Benefits are normally paid for the number of days
of unemployment or sickness over 4 in 14-day registration periods. Initial
sickness claims must also begin with 4 consecutive days of sickness. However,
during the first 14-day claim period in a benefit year, benefits are only
payable for each day of unemployment or sickness in excess of 7 which, in
effect, provides a 1-week waiting period. Separate waiting periods are required
for unemployment and sickness benefits. However, only one
7-day waiting period is required during any period of continuing unemployment or
sickness, even if that period continues into a subsequent benefit year.
Strike benefits.--
If you are unemployed because of a strike
conducted in accordance with the Railway Labor Act, benefits are not payable for
days of unemployment during the first 14 days of the strike, but benefits are
payable during subsequent 14-day periods. If a strike is in violation of the
Railway Labor Act, unemployment benefits are not payable to employees
participating in the strike. However, employees not among those participating in
such an illegal strike, but who are unemployed on account of the strike, may
receive benefits after the first 2 weeks of the strike.
Note.-- Sickness benefits
payable for the first 6 months after the month the employee last worked are subject to
tier I railroad retirement payroll taxes, unless benefits are being paid for an
on-the-job injury.
While a benefit year waiting period cannot count toward a strike waiting
period, the 14-day strike waiting period may count as the benefit year waiting
period if you subsequently become unemployed for reasons other than a strike
later in the benefit year.
Duration of Benefits
Normal benefits.-- Normal benefits
are paid for up to 130 days (26 weeks) in a benefit year. Benefit rights are
exhausted when a benefit year ends (normally June 30) or earlier if benefit
payments equal base year creditable earnings. Maximum normal benefits payable
in the benefit year beginning July 2008 cannot exceed your railroad earnings in
base year 2007, counting monthly earnings of up to $1,589. In the benefit year
beginning July 2009, monthly earnings up to $1,653 in base year 2008 will be
counted.
In order to qualify for normal unemployment benefits, the employee must not have
voluntarily quit work without good cause and not have voluntarily retired.
However, these restrictions do not apply to normal sickness benefits.
Extended benefits.-- If you have
10 or more years of service (120 cumulative service months or more) and exhaust your normal unemployment or sickness
benefits, you may be eligible to receive extended benefits for up to 65 days (during
7
consecutive 14-day registration periods). Also, if you are not qualified for normal benefits in the
current benefit year, but received normal benefits in the previous year, you may
still be eligible for extended benefits.
In order to qualify for extended unemployment benefits, you must not have
voluntarily quit work without good cause and not have voluntarily retired. To
qualify for extended sickness benefits, you must not have voluntarily retired
and must be under age 65.
Accelerated benefits.-- If you
have 10 or more years of service (120 cumulative service months or more) and your earnings do not qualify you for
unemployment or sickness benefits in the current benefit year, but will qualify
you in the next benefit year, you may be able to receive normal unemployment or
sickness benefits before the regular beginning date of the next benefit year. To
be eligible, you must have 14 or more consecutive days of either unemployment or
sickness; not have voluntarily retired or, if claiming unemployment benefits,
quit work without good cause; and be under age 65 when claiming sickness
benefits.
General Requirements
To be eligible for unemployment benefits, you must be ready, willing and able
to work and be available for work. A “day of unemployment” is a day on which you
meet these conditions and do not receive any pay, are not disqualified, and have
properly registered for unemployment benefits. If you are in train and engine
service, any calendar day on which you do not work solely because of a mileage
limitation or work-restriction agreement or solely because you are between
regularly assigned trips or tours of duty, or because you missed a turn in pool
service, is not considered a day of unemployment.
If you are an extra-board employee, you can receive unemployment benefits
between jobs if the miles and/or hours you actually worked were less than the
equivalent of normal full-time work in your class of service during the 14-day
claim period. Entitlement to benefits would also depend on your earnings.
To be eligible for sickness benefits, you must be unable to work because of
illness or injury. A “day of sickness” is a day on which you meet this condition
and for which you do not receive any pay and have filed an application for
sickness benefits and a statement of sickness signed by your doctor or other authorized individual. This statement
provides evidence of your medical condition and its expected duration.
You may not receive benefits for any day for which you receive pay.
This
includes railroad and nonrailroad wages, salary, pay for time lost, pay while
sick, dismissal allowances, most wage guaranty payments, vacation pay, holiday
pay, military reservist pay, earnings from self-employment, or remuneration
other than subsidiary remuneration.
However, payments received under a Railroad Retirement Board-approved nongovernmental supplemental
unemployment or sickness insurance plan, your own health or accident insurance
policy or a group insurance policy will not affect entitlement to unemployment
or sickness benefits and should not be reported on your claims.
Also, an earnings test is applied to unemployment claims. If a claimant’s
earnings for days worked, and/or days of vacation or paid leave, in a 14-day
registration period are more than a certain indexed amount, no benefits are
payable for any days of unemployment in that period. Earnings include pay from
self-employment and railroad, nonrailroad, and part-time work. Earnings also
include pay that you would have earned except for your failure to mark up or
report for duty on time, or because you missed a turn in pool service or were
otherwise not ready or willing to work.
For the benefit year beginning July 2008, the
earnings test is $1,230; and for the benefit year that begins July 2009 the test
will be $1,280. These amounts correspond to the base year monthly compensation
amounts used in determining eligibility for benefits in each year. But, even if
an earnings test applies on the first claim in a benefit year, this will not
prevent the first claim from satisfying the waiting period in that benefit year.
On the other hand, earnings of not more than $15 a day from work which is
substantially less than full-time and not inconsistent with the holding of
normal full-time employment may be considered subsidiary remuneration and may
not prevent payment of any days in a claim. However, be sure to report all full
and part-time work on your claims, regardless of the amount of your earnings, so
the Board can determine whether it affects your benefits.
How to Claim Benefits
Unemployment -- In order to
receive unemployment benefits, you must file an application for benefits by mail
or through the Board’s Web site (www.rrb.gov). If you choose to file by mail,
you must obtain an application from your employer, labor organization, local
Railroad Retirement Board office or online. The completed
application should be mailed to the local Board office as soon as possible and,
in any case, must be filed within 30 days of the date on which you became
unemployed or the first day for which you wish to claim benefits. Benefits may
be lost if the application is filed late.
To file your application online, you should go to the Board’s Web site and click
on “Benefit Online Services” for directions on establishing an RRB
Internet Services account. Once you establish an online account, you will be
able to file your application for unemployment benefits, as well as conduct
other business with the Board, over the Internet. However, to ensure security,
you must first go online to get a Password Request Code, which you will receive
by mail within 10 business days. You are encouraged to establish an online
account while still employed so the account is ready if you ever need to apply
for these benefits or use other Internet services. Once you establish an online
account, you do not need to do so again.
Whether you file by mail or online, the local Board office reviews the completed
unemployment application and notifies your current employer, and your base-year
railroad employer if different. Your employer has the right to provide
information about your benefit application.
Biweekly claim forms are then mailed to you, and are also made available on the
Board’s Web site, as long as you remain unemployed and eligible for benefits.
Claim forms should be signed and mailed only on or after the last day of the
claim. You also have the option of filing these claims over the Internet. The
completed claim must be received by a Board office within 15 days of the end of
the claim or the date the claim was mailed to you or made available online,
whichever is later. You should not file both a paper claim and an online claim
for the same period.
The Board must notify your base-year employer each time you file a claim for
unemployment benefits and give that employer an opportunity to submit
information relevant to the claim before the Board makes an initial
determination on it. Any current employer is also notified. The Board also
notifies your base-year employer each time benefits are paid to you.
Only one application need be filed during a benefit year even if you become
unemployed more than once. However, in that case, you must request a new claim
form from a Board office, or online, within 30 days of the first day for which
you want to claim benefits. These claims may also be filed by mail or online.
Sickness -- An application for
sickness benefits can be obtained from railroad employers, railroad labor
organizations, any Board office or printed off the Board’s Web site. An
application and a doctor’s statement of sickness are required at the beginning
of each “period of continuing sickness” for which benefits are claimed. The
Board suggests that you keep an application form on hand for use in claiming
sickness benefits, and that your family knows where the form is kept and how to
use it.
Attached to each application is a statement of sickness which must be completed
by your doctor. If you become unable to work because of sickness or injury,
complete your application and take or send it to your doctor for completion of
the statement of sickness.
If you are too sick to complete the application, someone else may do it for you.
In such cases, a member of your family should also complete Form SI-10, “Statement of
Authority to Act for Employee,” which accompanies the statement of sickness.
After completion, the forms should be mailed to the Board’s headquarters in
Chicago by the 7th day of illness or injury for which benefits are claimed.
(Employees cannot file for sickness benefits online. However, the agency is
planning to add online filing of these claims in the future.) After the
Board receives your application and statement of sickness and determines
eligibility, biweekly claim forms are mailed to you for completion and return to
a Board field office for processing.
The claim forms must be received at the Board within 30 days of the last day of
the claim period, or within 30 days of the date the claim form was mailed to
you, whichever is later. Benefits may be lost if an application or claim is
filed late. If an unemployment or sickness application or claim is filed late,
you should include a signed statement explaining the reason for the late filing.
As with claims for unemployment benefits, the Board must notify your base-year
employer each time a claim for sickness benefits is filed. That employer has the
right to submit information relevant to the claim before the Board makes its
initial determination. If your current employer is not your base-year employer,
your current employer is also notified. In addition, the base-year employer is
notified each time benefits are paid to you.
Payments -- Under the Board's
Customer Service Plan, if a claimant files an application for unemployment or
sickness benefits, a decision will be made within 10 days of the date the
application was filed. If a claim for subsequent biweekly unemployment or
sickness benefits is filed, a decision will be made within 10 days of the date
the Board received the claim form. If the claimant is entitled to
benefits, benefits will generally be paid within one week of that decision.
Some claims for benefits may take longer to handle than others if they
are more complex, or if a Board office has to get information from other people
or organizations. If this happens, you may expect an explanation and an estimate
of the time required to make a decision.
The normal method of payment for railroad unemployment and sickness benefits is
by Direct Deposit. With Direct Deposit, payments are issued directly to a
claimant’s bank, savings and loan, credit union or other financial institution.
Applicants for unemployment and sickness benefits are asked to provide
information needed for Direct Deposit enrollment.
Free Placement Service
The Railroad Unemployment Insurance Act authorizes the Board to operate a
free placement service. The primary purpose of the placement service is to
secure new employment for experienced railroad workers who have lost their jobs.
When you apply for unemployment benefits you also apply for employment
service. You will probably be interviewed by a Board representative who will try
to help you secure employment if you do not have good prospects of returning to
your former job. You may be referred by the representative to a suitable
railroad job; otherwise, an effort will be made to place you in a nonrailroad
job for which you appear qualified. As part of its placement service, the Board
maintains a list of job openings reported by railroads. The list is available
for review at all offices of the Board and online at
www.rrb.gov. The booklet "Guide to
Finding the Right Job" (Form UB-12) is also available from any Board field
office and online.
Disqualifications
If you have been paid a separation allowance by your employer, you cannot
receive unemployment or sickness benefits for roughly the period of time it
would have taken to earn the amount of the allowance.
If you leave either your railroad or nonrailroad job voluntarily without good
cause, you will be disqualified for railroad unemployment benefits until you
have returned to railroad work and earned wages sufficient to qualify for
benefits again.
If you leave work voluntarily with good cause, you will be disqualified for
unemployment benefits for periods in which you could receive unemployment
benefits under another law. If you are not qualified for other unemployment
benefits, you may receive railroad unemployment benefits.
If you refuse to accept suitable work, or fail to follow instructions to apply
for work or to report to a State unemployment office or a Board office for an
interview, you may be disqualified for unemployment benefits for 30 days.
You will be disqualified for unemployment benefits for any day on which you take
part in a strike which began in violation of the Railway Labor Act or in
violation of the established rules and practices of your labor organization.
You may be disqualified for sickness benefits if you fail to take a medical
examination when required by the Board.
You will be disqualified for both unemployment and sickness benefits for 75 days
if you make a false or fraudulent statement or claim to obtain benefits. You may
also be subject to fine or imprisonment. The Railroad Retirement Board conducts
checks with Federal agencies, all 50 States (as well as the District of Columbia
and Puerto Rico), and railroads to detect fraudulent benefit claims. The Board
also checks with physicians to verify the accuracy of medical statements
supporting sickness benefit claims.
Receipt of Other Benefits
If you receive a regular retirement or survivor benefit under the Railroad
Retirement Act, Social Security Act, or any other social insurance law for days
for which you are also entitled to benefits under the Railroad Unemployment
Insurance Act, your unemployment or sickness benefits are payable only to the
extent to which they exceed the other payments for those days. Examples of other
such social insurance payments are military pensions, firefighters’ and police
pensions, or certain workers’ compensation payments.
Claimants should report all
such other payments promptly to avoid having to refund benefits later.
There is no reduction in unemployment or sickness benefits for benefits paid
under a Board-approved nongovernmental sickness insurance plan, such as a
supplemental sickness benefit plan established by a railroad. Similarly, there
is no reduction in benefits if you receive supplemental unemployment benefits
under a Board-approved nongovernmental unemployment benefit plan. But
unemployment and sickness benefits provided under the Railroad Unemployment
Insurance Act are not payable to you if you also receive Federal/State
unemployment or sickness benefits under other laws, including Canadian law, for
the same period of time.
Damages
If you receive sickness benefits for an injury or illness for which you are
paid damages, the Board is entitled to reimbursement of either the amount of the
benefits paid for the injury or illness, or the net amount of the settlement
(after deducting your gross medical, hospital, and legal expenses), whichever is
less.
Protective Allowances
Unemployment benefits can sometimes be paid even though you are covered by a
job protection plan which guarantees you a certain amount of work or wages each
month. However, if you receive a protective allowance from your employer for a
period for which benefits were paid, some or all of the benefits will have to be
refunded. Report such allowances promptly to the Board.
Appeals
Employers -- Employers may protest
the payment of a claimant’s benefits, but such protests do not prevent the
timely payment of benefits. However, employees may be required to repay benefits
if their employers’ protests are ultimately successful. The employer also has
the right to appeal an unfavorable decision to the Board’s Bureau of Hearings
and Appeals.
Employees -- If you disagree with
a decision made on your claim, you have 60 days from the date of the initial
notice of the decision in which to file a written statement requesting
reconsideration from the Board office that made the decision. This step is
mandatory before a decision may be appealed to the Board’s Bureau of Hearings
and Appeals. Failure to request reconsideration within 60 days will result in
forfeiture of further appeal rights.
If the case involves a benefit overpayment of more than 10 times the maximum
daily benefit rate, you may request a waiver of repayment. A request for waiver
filed within 60 days will, in certain cases, defer recovery of the overpayment
from subsequent benefit payments. If you request waiver, you may be asked to
complete a financial statement on a form provided by the Board. If dissatisfied
with the reconsideration or waiver decision of a Board office, you may, within
60 days, appeal to the Bureau of Hearings and Appeals.
If not satisfied with the Bureau of Hearings and Appeals’ decision, you may
further appeal, within 60 days, to the three-member Board.
If not satisfied with the three-member Board’s decision, you may file a petition
for a review of your claim by a U.S. Court of Appeals. A petition for review
must be filed within 90 days of the notice of the Board’s decision.
Income Taxes
Unemployment benefits paid by the Board are subject to Federal income tax,
just like unemployment benefits paid under State government programs.
Sickness benefits paid by the Board, except for sickness benefits resulting from
on-the-job injuries, are subject to Federal income tax under the same
limitations and conditions that apply to the taxation of sick pay received by
workers in other industries.
The Railroad Unemployment Insurance Act specifically provides that railroad
unemployment and sickness benefits are not subject to State income taxes. In
January of each year, the Board sends railroad employees Form 1099-G showing the
total amount of unemployment benefits paid during the previous year and/or a
Form W-2 showing the net amount of sickness benefits paid.
For More Information
Claimants may obtain information on railroad unemployment and sickness
benefits by using the automated toll-free RRB Help Line, which is available 24
hours a day, 7 days a week, at 1-800-808-0772. A new nationwide toll-free
telephone service is being phased in during 2008. After January 1, 2009,
all claimants can call the Board toll-free at 1-877-772-5772 to speak directly to
an agency representative as well as have 24-hour access to a host of automated
services.
The Board's Web site at
www.rrb.gov
is another source of information on railroad unemployment and sickness benefits.
Employees can file their applications and claims for unemployment benefits
online. Claimants can also access information about their individual
railroad unemployment insurance account statements. This service, called "RUIA
Account Statement," displays the type and amount of a claimant's last five
benefit payments, the claim period for which the payments were made, and the
dates that the payments were approved. Claimants can also confirm the
Board's receipt of their latest application or claim for unemployment or
sickness benefits, along with the receipt of any supplemental doctor's statement
required to continue the payment of sickness benefits. In addition, the
service allows claimants to view the address currently on record for them and,
if applicable, their direct deposit information.
To use this service, claimants must get a PIN/Password and establish an
Internet Services account, as described earlier.
Comments?
If you have any comments or suggestions regarding the presentation of
information in this publication, contact:
Public Affairs
U.S. Railroad Retirement Board
844 North Rush Street
Chicago, IL 60611-2092
Telephone: |
312-751-4777 |
FAX: |
312-751-7154 |
E-mail: |
opa@rrb.gov |
|