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This section contains information that will help you to complete your
application correctly. Included are the requirements you must meet to
receive an annuity. You may file your application up to three months
before your annuity beginning date.
Booklet RB-3, "Furnishing Evidence to Support Your Claim" explains
acceptable evidence for proofs required to process your annuity
application. Shorten the processing time for your annuity application
by submitting proof of your date of birth and military service to your
local Railroad Retirement Board (RRB)
office now, even if you will not
file your application within three months. Whenever sending documents
to the RRB, always include your name, social security number, and daytime
telephone number where you can be reached.
We recommend that you read this booklet and booklet
RB-3 before you file your
annuity application.
Requirements to Receive an Age and Service Annuity You may qualify for a monthly age and service employee annuity if you
meet certain requirements. This section describes types of age and
service annuities and the different conditions for each.
If you are filing for a disability annuity, you should also refer to
booklet RB-1D, "Employee Disability Benefits" which explains disability annuity
requirements. However, if your disability annuity is denied, and you indicate
that you would accept a reduced age annuity, if eligible, read about the
reduced age and service annuity.
Age Requirement
The RRB considers you to have attained your age on the day before your
birthday. The age at which you can receive an age and service annuity
is based on your months of railroad service:
| Determining Earliest Retirement Age |
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360 months of railroad service |
age 60 |
|
120-359 months of railroad service |
age 62 |
|
60-119 months of railroad service with at least 60 months of
railroad service after 1995 |
age 62 |
Note: The age requirements for a supplemental annuity are
here.
Cessation of Railroad Service
Your age and service annuity cannot begin until you stop all railroad
work for pay and relinquish rights to railroad employment. Also note
that, after the annuity is awarded, payment cannot be made for any
month in which you return to work for a railroad employer.
The RRB will release a Form G-88A.1, "Request for Verification of
Date Last Carried on Payroll" to your last railroad employer if your
date last worked is within 15 months of the date that you file your
employee annuity application. This will notify your employer of your
claimed date last worked and relinquishment of rights.
Relinquishment of Rights
Before an age and service annuity can be paid, you must relinquish all
seniority or other rights to return to work for any railroad employer. While an
age and service annuity can begin to accrue as early as the day after you stop
working for the railroad, it cannot be awarded until you relinquish rights to
railroad employment.
Example: A qualified age and
service applicant, who stops working on December 31, but does not relinquish
rights until March 15, is entitled to an annuity from January 1. Although
benefits accrue from January 1, the actual payment cannot be made before March
15, the day relinquishment of rights is accomplished.
The relinquishment of rights only affects the benefits under the Railroad
Retirement Act (RRA). The relinquishment of rights does not bind the railroad
should the employer choose to provide certain employee benefits (i.e., health
insurance, an employee buyout) after you stop working.
- How Relinquishment of Rights is Accomplished
- To relinquish your rights to railroad employment, use your employee annuity
application. Indicate that you either no longer have seniority or other rights
to work for a railroad employer or, if you are filing in advance of your annuity
beginning date, that you will give up those rights as of the date indicated as
your last day of railroad employment.
Under advance filing procedure, you may file for an age and service annuity
up to three months before your annuity beginning date. If you are still working
in railroad service when you file, this means that the date that you certify on
your annuity application as the date you will stop railroad service and
relinquish rights is a date in the future. If your plans change, you must
promptly report any change in your last day of railroad service to the nearest
RRB field office. Otherwise, your annuity beginning date could be incorrect,
resulting in erroneous payments.
- Relinquishment of Rights In Wrongful Termination Cases
- If you are prosecuting a claim before the National Railroad Adjustment Board
for reinstatement and for time lost from the effective date of a termination
action that you believe is wrongful, you must ask the RRB field office to
include the following statement over your signature in the "Remarks" section of
your employee annuity application: "I do not at this time possess any rights to
return to the service of an employer. This statement shall be without prejudice
to my claim that I was wrongfully deprived of such rights on (date of
termination)."
You must also request the RRB field office to prepare an "Assignment of
Claim" statement for your signature. This states that you will refund any
annuity payments you receive for any period for which you may subsequently be
awarded pay for time lost.
- Protest of Relinquishment of Rights
-
Once effective, you cannot revoke the relinquishment of rights, even if you
offer to refund the amount of the RRA annuities that were paid based on the
relinquishment of rights.
Additional Requirements for Employee Annuities Based on 60-119 Months of
Railroad Service with at Least 60 Months of Railroad Service after 1995
If you file for an employee disability annuity that is based on 60-119 months
of railroad service with at least 60 months of railroad service after 1995, a
tier 2 component is not payable to you before the month in which you attain age
62. For age and service and disability annuities, you must have a Social
Security Act (SS Act) Insured Status based on combined railroad earnings,
creditable military service earnings, and social security earnings to qualify
yourself and your spouse for Tier 1 components.
An SS Act Insured Status is based on Quarters of Coverage (QC). In general,
the SS Act specifies an amount for each calendar year that will qualify the wage
earner for a QC for that year. If you earn that amount (or a multiple of that
amount up to 4 QCs, your earnings record will be credited with those QCs.
You have an SS Act Insured Status if:
- Employee Annuities Based on Age
- You must have a Fully Insured Status as
defined in the SS Act, but using combined railroad earnings, creditable military
service earnings, and social security earnings. The SS Act QC requirement for a
Fully Insured Status for employees born after 1928 is 40 QCs; or,
- Employee Annuities Based on Disability
- You must have a Disability Freeze
(D/F) as defined in the SS Act, but using combined railroad earnings, creditable
military service earnings, and social security earnings. The SS Act requirements
are:
- You must be rated totally and permanently disabled;
- You must have a Fully Insured Status (Generally, the QC requirement for a
Fully Insured Status is at least one QC for each calendar year after the year
you attained age 21, through the year you became disabled.) and,
- You must have at least 20 QCs in a period of 40 consecutive calendar quarters
(10 years) ending with the quarter of the disability onset date. This is also
referred to as the 20-in-40 QC test.
How Family Members Can Affect Your
Annuity
Information concerning your marriage history is requested on your employee
annuity application to determine the possible eligibility of any spouse or
divorced spouse on your earnings record. If you are married when you apply for
benefits, be sure to ask the RRB representative whether your spouse is eligible
for an annuity. If you are, or your spouse is, too young to qualify your spouse
for benefits at that time, ask when your spouse will become eligible. Your
spouse or divorced spouse is required to file a separate application to receive
benefits on your earnings record. The eligibility requirements are explained in
booklet
RB-30, "Spouse/Divorced Spouse Annuity".
You may also be eligible for an increase in your annuity called the Special
Guaranty computation, if members of your family meet the requirements under
Social Security (SS) Act rules using your railroad service as if it had been
covered under the SS Act. In most cases, your regular railroad retirement
annuity rate will exceed the amount that the Social Security Administration (SSA)
would have paid. Therefore, your annuity application asks only for basic
information, such as the number of children you have who would qualify under
this provision. The term child includes your unmarried natural child, or
dependent and unmarried adopted child, stepchild, or, under certain conditions,
your grandchild if both parents are deceased or disabled.
Your child may be included in the Special Guaranty computation if the child
is:
- under age 18;
- age 18 or older with a permanent disability that began before the child
attained age 22 that makes the child unable to perform any type of regular
employment; or,
- age 18-19 and in full-time attendance at an elementary or secondary
school.
The RRB field office where you file your application will test your annuity
rate to determine if the Special Guaranty could apply. If it could apply, our
field office will contact you for further information. For more information on
the Special Guaranty computation, read booklet G-179,
"Special Guaranty in Employee and Spouse Annuities".
Credit for Railroad Work
As previously explained,
you must stop all railroad work in order to qualify for an employee annuity. A
railroad employer is any company or labor organization covered under the RRA.
Covered railroad employers include railroads that engage in interstate business,
railroad associations, and national railway labor organizations.
Actual Railroad Service
Your employer reports your railroad service and earnings to the RRB under
your social security number. Shortly after each year in which you have railroad
earnings, the RRB mails Form BA-6 Certificate of Service Months and Compensation
to you. This annual statement has a record of your creditable subsequent service
months and compensation after 1936 and verified military service credits.
You can also call the RRB at 1-877-772-5772, to request Form
G-90c, "Service and Compensation History Statement" for a record of your
railroad earnings.
Deemed Railroad Service
For years after 1984, you may be entitled to additional railroad service
months if you did not actually work in every month of the year. For additional
service months to be deemed, your compensation for the year must exceed an
amount equal to 1/12 of the tier 2 maximum multiplied by the number of railroad
service months you actually worked. The excess amount is then divided by 1/12 of
the Tier 2 maximum. The result, rounded up to a whole number, is the number of
deemed railroad service months.
In order to qualify for these deemed railroad service months, you must have
had an employment relation for the months you did not perform actual railroad
service. This means that you were:
- on bona fide leave of absence from the employer;
- not retired or discharged, but by reason of continuous disability, unable
to return to service;
- out of service by reason of discharge later determined to be wrongful; or,
- an employee representative or employee of an employee representative.
Deemed service months cannot be given for months after the beginning date of
your annuity or after the date you relinquish rights to railroad employment.
Credit for Military Service
Proof of Military Service
If you ever served in active duty in the United States Armed Forces, the RRB
may be able to use that military service to increase your annuity. You must
first submit a copy of your latest Department of Defense Form 214, or any
official record that shows your dates of federal military service.
Shorten the processing time of your future benefit application by submitting
proof of your military service now. When sending documents to the RRB, always
include your name, your social security number and a daytime telephone number
where you can be reached.
If your military service records were destroyed, either in the 1973 fire in
the National Records Center at St. Louis, or in some other way, you may request
a new military service record with Form SF-180, "Request Pertaining to Military
Records". This form is available from the RRB or in the Research Room at US National Archives and Records Administration.
Basic Requirements Under the Railroad
Retirement Act (RRA)
The Railroad Retirement Act (RRA) allows credit for military service that
began in a war period or period of national emergency and for involuntary
(draft) military service. This prevents career railroad employees from losing
retirement credits while actively serving in the national defense. To receive
credit for military service, you must always meet one of the general railroad
service requirements of Section 1 below and must meet one of the specific
requirements in Section 2, Section 3, or Section 4 which follow.
- General Requirements under RRA
- The RRA allows credit for military service
as railroad service months only if, prior to the beginning of your military
service either in the same calendar year or in the next preceding calendar year,
as the enlistment, induction or call from inactive duty, you:
- performed compensated service for an employer under the RRA;
- were entitled to Pay for Time Lost as an employee for an employer under the
RRA; or,
- were serving as an employee representative as defined in the RRA.
- Involuntary Military Service and Periods Of Creditable Voluntary Military
Service
- Involuntary military service is always creditable under the RRA. In
addition, voluntary military service that began in the following war periods or
periods of national emergency are creditable:
- September 8, 1939 through June 14, 1948 (If you voluntarily entered military
service January 1, 1947 through June 14, 1948, you can only receive credit
through June 14, 1948);
- June 15, 1948 through December 15, 1950, provided the additional requirements
described in Section 3 are met;
- December 16, 1950 through September 14, 1978 (but any voluntary active duty
extending beyond September 14, 1978, is not creditable); and,
- August 2, 1990 to a date not yet determined.
In addition to these war periods or periods of national emergency, some
active duty in the federal military reserve may be creditable as explained in
Section 4 below.
- Voluntary Military Service in the Period June 15, 1948, through December 15,
1950
- Railroad workers who voluntarily served in the Armed Forces between June
15, 1948 and December 15, 1950, can be given railroad service credit for their
military service. In addition to the requirement of railroad service prior to
entering active military service described in Section 1 above, the RRA allows
credit for voluntary active military service in the period June 15, 1948,
through December 15, 1950, if you:
- performed compensated service for an employer under the RRA in the year
released from active military service or in the next year; and,
- did not work for a nonrailroad employer after leaving military service and
before resuming railroad employment.
- Creditable Military Reserve Duty
- Members of a reserve component of the
uniformed services who are called to active duty can receive railroad service
credits for any such active duty or active duty for training, provided that one
of the requirements described in Section 1 above was met as of the date called
up.
Basic Requirements Under the Social
Security Act Rules
Since most military service performed after 1956 is creditable under the SS
Act, the wage credits are posted to your SS Act wage record. The few cases in
which military service is not creditable under the SS Act involve military
service performed before 1957 that was either less than 90 days or that had a
type of discharge other than honorable.
When military service is used as railroad service months in your Tier 2
component, the SS Act prohibits the use of the same military service as wages.
Affect in Your Annuity Rate
- Tier 1 Component - Military service creditable under the RRA or SS Act can be
used to increase the yearly earnings amounts used in the computation of your
Tier 1 component, subject to the yearly earnings maximum. This is true even when
the same military service is used as railroad service months in your Tier 2
component.
If you qualified for an annuity based on 60-119 months of railroad service
with at least 60 months of railroad service after 1995, military service
creditable under the RRA or SSA can be used as compensation Quarters of Coverage
to meet the total minimum 40 QCs necessary for the SSA Insured Status
requirement for a Tier 1 component. This is true even when the same military
service is used as railroad service months in your Tier 2 component.
- Tier 2 Component and Supplemental Annuity - Military service creditable under
the RRA can be used as railroad service months in the computation of your Tier 2
component or supplemental annuity. However, only one railroad service credit is
allowed for a calendar month. If you have actual railroad service in the same
month as the military service, only one railroad service credit is given for
that month.
- Vested Dual Benefit (VDB) - If you have at least 120 months of railroad
service before 1975 and acquired an SSA insured status before 1975, you can
receive an additional annuity component called the Vested Dual Benefit (VDB).
Military service performed before 1975, creditable under SS Act rules, can be
used as wages and wage Quarters of Coverage before 1975, to help meet the “wages
only” requirements for a VDB. However, when military service is used as railroad
service months in your Tier 2 component, the SS Act prohibits the use of
military service as wage Quarters of Coverage for a VDB.
Current Connection
You must have a Current Connection with the railroad industry in order to
receive a supplemental annuity or an occupational disability annuity. Future
survivor benefits can be paid by the RRB only if you have a Current Connection.
The RRB will determine whether or not you have a Current Connection when your
annuity application is processed.
Requirements for Regular Current
Connection
You have a regular Current Connection with the railroad industry if you meet
either of the following conditions:
- you worked for a railroad in at least 12 of the 30 consecutive months
before the month in which your annuity begins; or,
- you worked in the railroad industry in at least 12 months in any other
period of 30 consecutive months before the month your annuity begins without
any intervening regular employment.
Work That Will Not Break Current
Connection
The following types of work do not break a Current Connection:
- Work for the following government agencies will not break your Current
Connection:
- Alaska Railroad (as long as it is owned by the State of Alaska);
- U.S. Department of Transportation;
- Surface Transportation Board (or its predecessor the Interstate Commerce
Commission);
- National Mediation Board;
- National Transportation Safety Board; or,
- Railroad Retirement Board.
- Service for a railroad whose principal operation is in Canada and service by
a Canadian citizen in Canada for a railroad whose principal operation is in the
United States.
- Self-employment as defined under the Railroad Retirement Act.
- Nonrailroad work after your annuity beginning date.
Deemed Current Connection
If you do not have a regular Current Connection, you may have a Deemed
Current Connection for a supplemental annuity or future benefits payable to your
survivors. Your Current Connection is deemed to be maintained, even if you have
regular nonrailroad employment before your annuity begins, if you:
- have at least 25 years of railroad service; and,
- either stopped working in the railroad industry "involuntarily and without
fault" for a non-medical reason on, or after, October 1, 1975, or, were on
furlough or leave of absence or were absent because of injury on or after
October 1, 1975, and were not called back to work; and,
- did not decline an offer to return to railroad employment in the same "class
or craft" as your most recent railroad service (regardless of the number of
miles you would have had to move to accept such job).
NOTE: An employee cannot be on furlough, leave of absence, or absent because
of injury status after relinquishment of rights to railroad service.
If you meet all the above requirements, your Current Connection would not be
broken, even if you work in regular employment after your 30-month period and
before retirement or death.
Proof of Deemed Current Connection
RRB records will confirm if you have 25 years of service.
You must supply the proof that you did not voluntarily end your railroad
employment. The best evidence is the letter from your employer that describes
the circumstances of your separation. Other acceptable proofs are personnel,
payroll, and health insurance records that show your employment status. If none
of these documents exist when your application is filed, it will be necessary
for you to secure an affidavit from a railroad or union official or from two of
your former co-workers who can be identified by the RRB as railroad employees.
Requirements For Supplemental Annuity
Some retired railroad employees may be eligible to receive a supplemental
annuity from the RRB. This is in addition to the regular age and service or
disability annuity.
Requirements for a Supplemental Annuity
To be eligible for the supplemental annuity, you must meet all of the
following requirements:
- Age and Railroad Service
- You must be at least age 65 with at least 300
months (25 years) of creditable railroad service, or at least age 60 with at
least 360 months (30 years) of creditable railroad service. (Note that the age
requirement for the supplemental annuity is not affected by the definition of
Full Retirement Age (FRA));
- Qualified for Annuity
- You must be eligible for, and have filed for, an age
and service or disability annuity. The supplemental annuity can never begin
before the regular age and service or disability annuity;
- Railroad Service Before October 1, 1981
- You must have railroad service
creditable to at least one month before October 1, 1981; and,
- Current Connection
- You must have a Current
Connection with the railroad
industry.
Reduction for Employer Pension
The amount of your supplemental annuity is reduced if you are receiving a
monthly pension from your railroad employer that is based in whole or in part on
railroad employer contributions. It is also reduced for any lump-sum
distribution of the employer contributions that you receive from your pension
plan, in lieu of a monthly rate. The lump-sum distribution is considered to be
paid, even if you roll-over the funds to another pension account. Your own
contributions to your pension account do not affect your supplemental annuity.
On your annuity application, you will be asked to include the name of the
railroad employer(s) with whom you still hold pension rights (other than
railroad retirement). Indicate the category (choose one only) that most
accurately applies to the job position that vested you for the employer monthly
pension or lump-sum pension payment.
The RRB will forward Form G-88p, "Employer's Supplemental Pension Report" to
your railroad employer when you:
- are retiring from a job position that is covered by an employer monthly
pension or lump-sum pension plan that could cause a reduction to your RRB
supplemental annuity or
- indicate that you are receiving, or will receive, an employer monthly pension
or lump-sum pension payment.
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