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.) Additional months of service
may be deemed under certain conditions. 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 and an employee who
voluntarily entered military service from January 1, 1947,
through June 14, 1948, can only receive credit for
such military service through June 14, 1948. However, such
railroad workers, as well as railroad workers who voluntarily
served in the Armed Forces between June 15, 1948, and December
15, 1950, when there was not a national state of emergency
in force, 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.
In some cases where military service is creditable as compensation
under the Railroad Retirement Act, it may be more advantageous
for the military service to be treated as social security
credit instead. If a retiring employee has minor children
and needs additional social security credit to qualify for
social security benefits, or if a retiree needs additional
social security credit to qualify for vested dual benefits,
it may be advantageous to claim military service as social
security credit. In most other cases, it is generally more
advantageous if military service is credited as compensation
under the Railroad Retirement Act. The Board will determine
the most advantageous treatment of military service for
retiring employees.
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 separation allowances
and severance payments as well as miscellaneous compensation,
such as taxable sickness payments. Beginning with the form
released in 2002, it reflects military service, which can
also be creditable, 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.
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 the period during which corrections
can be made. All letters concerning BA-6 forms should show
the employee’s social security number and should be addressed
to:
Protest
Unit - ESTC
U.S. 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 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 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. (Click here for a
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 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 railroad service.
In addition to the service requirements, a “current connection”
with the railroad industry is required for all supplemental
annuities. 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 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’ 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 date 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 - 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 age 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 the child 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.
Employee
and Spouse Annuity Estimates
Because of the complexities of the railroad retirement laws
and the need for lifetime earnings records, it is generally
not practical for an employee to attempt to estimate his
or her own regular annuity or the annuity of the spouse.
Employees who want estimates should contact the nearest
field office of the U.S. Railroad Retirement Board for approximate
figures. It is not possible to provide a precise estimate
of an annuity rate if the employee will not be eligible
until a future year.
The
following tables illustrate
average amounts awarded to employees and spouses in fiscal
year 2001. Annuities awarded after 2001 to 30-year employees
ages 60 or 61 will not be reduced for age.
Table
1.-- Fiscal
Year 2001 Annuity Awards to 30-year Employees Retiring
Before Age 65 |
|
Average
award |
Average
years of service |
Retirement
at
ages 60-61: |
Employee |
$2,076 |
35.0 |
Employee and spouse |
$2,891 |
35.3 |
Retirement
at
ages 62-64: |
Employee |
$2,486 |
36.4 |
Employee and spouse |
$3,511 |
36.5 |
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 emplyees with 30 or more
years of service. Figures in the tables on this page
include supplemental annuity amounts. |
Table
2.--Fiscal Year 2001 Annuity Awards Based on
Service Averaging Less than 30 Years |
Average
award |
Average
years
of service |
Employee age 65
or over |
$1,415 |
21.9 |
Employee age 65 or over and
spouse |
|
|
Employee ages 62-64 with less
than 30 years of service |
|
|
Employee ages 62-64 with less
than 30 years of service and spouse |
|
|
Employee retiring because of
disability |
|
|
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.
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 public pension is based was covered
under the Social Security Act on the last day of public
employment.* 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.
*A
special rule applies to Federal employees who switch from
the Civil Service Retirement System to the Federal Employees
Retirement System.
Employee
Annuity
If both the husband and wife are qualified railroad employees
and either had some railroad service before 1975, both can
receive separate railroad retirement employee and spouse
annuities, without a full dual benefit reduction.
If both the husband and wife started railroad employment
after 1974, only the railroad retirement employee annuity
or the spouse annuity, whichever he or she chooses, is payable.
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 employees’ and spouses’
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.
A spouse annuity is also not payable for any month in which
the spouse works for a railroad employer.
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.
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 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 ($11,280 in 2002).
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 ($30,000 in 2002), 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 consist of all wages received for services rendered
plus any net earnings from self-employment. 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 annuities.—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 work-related
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,
when the annuitant becomes subject to the work and earnings
restrictions applicable to employee annuities based on age
and service as described earlier. This transition is effective
no earlier than full retirement age even if the annuitant
had 30 years of service.
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 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, or the widow(er) was potentially entitled to certain
railroad retirement or social security benefits in the month
before the month of death.
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 home-schooling, 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
2001, excluding remarried widow(er)s and surviving divorced
spouses, was $1,041 a month. Children received $932 a month,
on the average. Total family benefits for widow(er)s with
children averaged $2,286 a month. The average annuity awarded
to remarried widow(er)s or surviving divorced spouses in
fiscal year 2001 was $668 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.
Public
Pensions
The tier I portion of a widow’s or widower’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
public pension is based was covered under social security
as of the last day of the individual’s employment.*
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.
*A
special rule applies to Federal employees who switch from
the Civil Service Retirement System to the Federal Employees
Retirement System.
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 new initial minimum amount provided under
2001 legislation, the monthly payment will not increase
until the amount payable under previous law plus 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 ($11,280 in 2002). The deduction is
$1 for every $3 earned over an exempt amount ($30,000 in
2002) 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 and penalties.
These earnings restrictions do not apply to disabled widows(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. 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. 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, the lump-sum 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.—A residual lump-sum payment
is, in effect, a refund of the employee’s pre-1975 railroad
retirement taxes plus an amount in lieu of interest, less
benefits already paid. This payment is not made as long
as monthly benefits are payable either at the time of the
employee’s death or in the future. However, a widow(er)
or parent under age 60 can waive rights to future monthly
benefits in order for the residual payment to be made if
no other individual is potentially eligible.
An employee can designate a person as beneficiary for any
residual payment that ever becomes due. Otherwise, it is
payable to the widow(er), children, or other family members
in a prescribed order of precedence.
Once a residual is paid, no further benefits are payable
on the basis of the employee’s railroad earnings.
Furthermore, the widow(er) or parent electing a residual
also gives up rights to Medicare based on the deceased employee’s
railroad service. If the individual is not qualified for
Medicare on her or his own earnings, or on the earnings
of another person, she or he could qualify for Medicare
as an uninsured person. However, she or he would have to
pay substantial premiums for hospital insurance coverage,
in addition to the normally required medical insurance premiums.
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.
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, 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 telephone their local
Board office for assistance. 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.
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 must furnish a 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.
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.
Table
3. -- 2002
Regular Railroad Retirement Taxes |
|
Tax
rate |
Maximum annual
taxable earnings |
Tier I
Employees and employers |
7.65%* |
$84,900 |
Tier II Employees
Employers |
4.90%
15.60% |
$63,000
$63,000 |
|
Annual
regular taxes on employees earning $84,900 |
|
Tier
I |
Tier
II |
Total |
Employees |
$6,494.85 |
$3,087.00 |
$9,581.85 |
Employers |
$6,494.85 |
$9,828.00 |
$16,322.85 |
*The tier I
tax rate is divided into 6.20% for railroad retirement
and 1.45% for Medicare hospital insurance. The 2002
maximum earnings base for railroad retirement is $84,900
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 $84,900. |
The tier I tax on employers and employees is 7.65 percent
in 2002. The tier II tax rate on rail employers and rail
labor organizations was reduced from 16.10 percent to 15.60
percent in 2002 and to 14.20 percent in 2003 as a result
of December 2001 legislation. The tier II tax rate for rail
employee representatives is 14.75 percent in calendar year
2002 and 14.20 percent in 2003. An employee representative
is a labor official of a non-covered labor organization
who represents employees covered under the Acts administered
by the Railroad Retirement Board.
While there is no change in the tier II tax rate of 4.90
percent on employees in the years 2002 and 2003, beginning
with the taxes payable for calendar year 2004 tier II taxes
on both employers and employees will be based on the ratio
of certain asset balances to the sum of benefits and administrative
expenses (the average account benefits ratio). Depending
on the average account benefits ratio, tier II taxes for
employers will range between 8.20 percent and 22.10 percent,
while the tier II tax rate for employees will be between
0 percent and 4.90 percent.
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.
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. The Railroad Retirement Act
specifically exempts benefits paid by the Board from State
and local 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 and public service pensions for Federal income
tax purposes.
The Railroad Retirement Board and the Social Security Administration
issue 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 nonrailroad 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, 2002,
or later with a date of birth January 2, 1937, through January
1, 1939, the delayed retirement credit is 13/24 of 1 percent
per month. For those who attain full retirement age in later
years, the delayed retirement credit gradually increases
each year until it becomes 8 percent per year beginning
in 2008.
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. The tier I 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. 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 reduction factor for early retirement of
an employee remains the same as under preamendment law for
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.
Table
4. -- Employee
Retiring with Less than 30 Years of Service |
Year of birth |
Full retirement
age |
Annuity reduction
at age 62 |
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 through
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% |
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.
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
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. If an employee with less than
10 years of service but at least 5 years after 1995 is entitled
to a tier I benefit, the spouse is also entitled to a tier
I 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’ service, or begins receiving an
annuity at ages 60 or 61 after 2001 with 30 years’ 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 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 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 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 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, only the railroad employee annuity or the spouse annuity,
whichever is larger, is payable to each spouse unless the
smaller annuity is chosen.
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 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 employee annuity.
The tier I amount may also be reduced by certain Federal,
State or local government pensions which are based
on the survivor’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” will be 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;
however, no increases in annuities were payable retroactively.
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, only the railroad
retirement employee annuity or the survivor annuity, whichever
is larger, is, in effect payable to the widow(er) unless
the smaller annuity is chosen.
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 award,
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’s Office
of Programs. In decisions involving previous benefit overpayments,
requests for waiver of the overpayment and a personal conference
must be filed with the Bureau of Fiscal Operations within
30 days of the date of the overpayment notice. In such cases,
recovery of the overpayment will be deferred. Failure to
request reconsideration within the allocated time period
results in forfeiture of further appeal rights. A request
for waiver received after 30 days will be considered but
will not defer collection of the overpayment.
An individual has 60 days from the date of the notice of
the Office of Programs’ reconsideration decision to file
an appeal with the Board’s Bureau of Hearings and Appeals,
which is a bureau independent of the Office of Programs.
The Bureau of Hearings and Appeals is the highest authority
below the three-member Board which hears and decides appeals
under the Railroad Retirement Act. It may, if necessary,
make further investigation in 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 usually is conducted in the Board office closest to the
appellant’s home. In some cases, phone hearings are held.
After thoroughly considering the case, the Bureau of Hearings
and Appeals makes a decision and notifies the appellant
of its action.
If an appellant is not satisfied with the Bureau of Hearings
and Appeals’ decision, he or she may appeal to the Board
itself within 60 days from the date on which notice of the
Bureau of Hearings and Appeals’ decision is mailed. 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.
|