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Employer Reporting Instructions
Part 4:  Particular Types of Compensation Payments
Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6
Chapter 7 Chapter 8 Chapter 9 Chapter 10 Chapter 11 Chapter 12

Chapter 2:    Miscellaneous Compensation


Miscellaneous compensation defined


Miscellaneous compensation is any payment which is subject to Tier I taxes and is creditable as Tier I compensation, but cannot be credited as regular compensation. Employer's may use "miscellaneous compensation" or "miscellaneous payments" to mean a variety of things, but "miscellaneous compensation" as referred to in these instructions, must meet these conditions:

  • The payment is subject to railroad retirement tax;
  • The payment is remuneration for services rendered in an earlier year;
  • The payment cannot be credited to the earlier year because the employee already has maximum Tier I compensation credit in that year; and
  • The payment cannot be credited to the year when the payment is made because no service was performed in the year of payment and the employer reports compensation generally on an earned basis. See Chapter 1 for an explanation of earned basis.

Because of regulations adopted in 1993 and related system improvements, an employer reporting compensation on a paid basis should include all creditable compensation in their annual report for the year and limit the use of Form BA-10, Report of Miscellaneous Compensation and Sick Pay, to report sick pay.

An employer reporting compensation generally on an earned basis may continue to use Form BA-10 to report miscellaneous compensation that meets the above conditions.

Examples of miscellaneous compensation An employee resigns on 12/31/98 and retires 1/01/99. He earned and received payment totaling $63,000 in 1998, and received a payment of $7,000 in March 1999 for his last pay period in 1998, for vacation pay and other benefits earned but not paid in 1998. His employer reports on an earned basis. Therefore, the employer filed an adjustment increasing 1998 compensation by an additional $5,400 bringing the total compensation for 1998 to the maximum of $68,400. The remaining $1,600 paid in 1999 is reported as miscellaneous compensation for 1999.

You will note that the entire $7,000 paid in 1999 is subject to 1999 Tier I, Tier II and Medicare taxes. While the taxable and creditable compensation are not always equal for each year, particularly for employers who report compensation on an earned basis, the amounts will usually be equal in the aggregate for all years. In this example, the creditable Tier I compensation (after the adjustment) for 1998 is $68,400 and for 1999 is $1,600. The total creditable compensation for the two years is $70,000. The taxable compensation for 1998 is $63,000 and for 1999 is $7,000 for a total of $70,000.

Sick pay compensation used in annuity calculation Because sick pay is creditable only as Tier I compensation, it is reported separately from regular earnings to help ensure the integrity of our records. Although sick pay is reported and maintained at the RRB in a record which is separate from the regular service and compensation record, all the Tier I compensation is considered together in calculating the Tier I component of an employee's annuity.

Payments that are creditable and taxable as Tier I and Tier II should be reported on Form BA-3a and not Form BA-10. See Part V, Chapter 4 for instructions on completing reports for sick pay and miscellaneous compensation.

 


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1-23-2003