Skip to main content

Search

myRRB
U.S. Railroad Retirement Board
U.S. Railroad Retirement Board

 

  • Our Agency
    • Agency Overview
    • Office of the Chairman
      • Chairman
      • Chairman Staff Directory
    • Office of the Labor Member
      • Labor Member of the Board
      • Labor Member Staff Directory
      • Pre-Retirement Seminars
      • Educational Materials
      • Questions and Answers
    • Office of the Management Member
      • Management Member of the Board
      • Management Member Staff Directory
      • 2024 Virtual National Rail Employer Training Seminar (NRETS) Registration (New)
    • Office of Inspector General
      • Office of Inspector General
      • Audit
      • Investigations
      • Hotline to Report Fraud, Waste and Abuse
      • Library
      • Whistleblower Protection Information
    • Organization Chart
  • Benefits
    • Retirement
      • General Information
      • Downloadable Forms
      • myRRB
    • Survivor
      • General Information
      • Downloadable Forms
      • myRRB
    • Disability
      • General Information
      • Downloadable Forms
      • myRRB
    • Unemployment
      • General Information
      • Downloadable Forms
      • myRRB
    • Sickness
      • General Information
      • Downloadable Forms
      • myRRB
    • Income Tax
      • General Information
      • Downloadable Forms
      • myRRB
    • Medicare
      • General Information
      • myRRB
    • En Español
    • myRRB
  • Employers
    • Employer Online Services
      • ERSNet Login
      • EFTPS.gov
      • Pay.gov
    • Forms
      • Rail
      • Labor
    • Reporting Instructions
      • Rail
      • Labor
      • Creditable Sickness
    • Publications
      • Employer Exchange Newsletter
      • Program and Circular Letters
      • Additional Information
  • Resources
    • Railroad Jobs
    • Legal Information
      • Board Orders
      • The Federal Register
      • Legal Opinions and Board Coverage Decisions
      • Partition of Railroad Retirement Annuities
      • Administrative Staff Manuals Index
    • Pay Debts Online
    • Office of Equal Opportunity
      • Overview
      • EEO Policies
      • No FEAR Act
    • RRBVision Video Library
    • Appeals
    • Railroad Retirement Handbook
    • FOIA Reading Room
    • Glossary of RRB Terms
  • Financial & Reporting
    • Agency Reports
      • Inventories
      • Plans
      • Reports
    • Financial, Actuarial & Statistical
      • Budget and Financial Reports: Current and Projected
      • Performance and Accountability Reports
      • Earnings Limits, Tax Rates and COLAs
      • Annual
      • Monthly & Quarterly RRA and RUIA Data
    • National Railroad Retirement Investment Trust
      • NRRIT Introduction
      • Background Information
      • Reports
      • Correspondence
    • Actuarial Advisory Committee
  • Newsroom
    • News Releases
    • Media Contact
  • Field Office Locator
  • FAQ

 

Chapter 02: Employer Coverage Status

 

 

 
  1. Home
  2. Rail Employer Reporting Instructions (RERI)
  3. Part I - Prerequisite Knowledge for Rail Employer Reporting
  4. Chapter 02: Employer Coverage Status
 
 

Topics

  • Part I - Prerequisite Knowledge for Rail Employer Reporting
    • Chapter 01: What is the U.S. Railroad Retirement Board?
    • Chapter 02: Employer Coverage Status
  • Part II - Establishment of Employee Records
  • Part III - Principles of Service and Compensation
  • Part IV - Particular Types of Compensation Payments
  • Part V - Reports of Creditable Service and Compensation
  • Part VI - Reports Related to Service and Compensation
  • Part VII - Additional Communications about Service and Compensation Reports
  • Part VIII - Employer Reporting System (ERS) Internet User Instructions
  • Appendices
Chapter 02: Employer Coverage Status

 

pdf iconRERI-Part I_CH 2 (43.63 KB)

 

Determining Coverage Status

An initial coverage status determination is made for every railroad employer. The term "employer" is defined in Section 1 of both the Railroad Retirement Act (RRA) and the Railroad Unemployment Insurance Act (RUIA). 

Generally, the Railroad Retirement Board (RRB) initiates a coverage review of an employer or employee based on the following circumstances:

  • Information received from employers, employees or other private individuals;
  • Information concerning a related company identified during a compliance audit of a carrier;
  • Information that demonstrated individuals rendering services to a covered employer as independent contractors may be more appropriately classified as employees;
  • Information received concerning potential employers from other federal agencies; and
  • Information or referral received from the RRB's Inspector General.

The Audit and Compliance Section of the RRB's Bureau of Fiscal Operations (BFO-A&C) investigates and obtains coverage information from prospective employers and employees. The information is then shared with the RRB's General Counsel (OGC). After review, the OGC submits a written recommendation concerning the coverage or non-coverage of the employer/employee to the three member Board. A formal determination regarding coverage is issued when a majority of the Board Members agree on a decision. If the employer/employee involved disagrees, they have the right to seek reconsideration within a year of the decision to seek reconsideration from the Board.

NOTE: It is presumed all employees of covered employers are covered under the RRA and RUIA.

Changes in Coverage Status

RRB regulations (20 CFR 209.5) states it is the duty of an employer to notify the RRB of changes affecting the employer's coverage status. If your organization has experienced changes affecting its coverage status as a covered employer under the RRA and RUIA, contact the:

Bureau of Fiscal Operations - Audit and Compliance Section

U.S. Railroad Retirement Board

844 N. Rush Street

Chicago, IL 60611-1275

Employee Coverage Determinations

Employee coverage determinations are made by the RRB's three member Board and not an employer. An independent contractor could be found to be a covered employee after a coverage investigation by BFO-A&C. Questions concerning the coverage of specific individuals should be directed to a Coverage Specialist in Audit and Compliance by

  • Phone (312-751-4831),
  • Email (Audit&Compliance@rrb.gov), or
  • Mail (Bureau of Fiscal Operations - Audit and Compliance Section, U. S. Railroad Retirement Board, 844 N. Rush Street, Chicago, IL 60611-1275).

For a definition of employees covered under these Acts, see Part IV,Chapter 9 of the Employer Reporting Instructions.

Segregated Employer

A segregated employer is an employer whose business consists of non-railroad operation which are not covered under the RRA and RUIA and railroad operation which are covered under the RRA and RUIA. The employees performing service for the railroad operations part of the business would be covered under the RRA and RUIA.

If any company or person has business segregated or separated from non-carrier business, submit the history of those operations to the Board. The Board will then make a determination and render a decision as to whether the segregated business conducted by the person or company meets the criteria of a covered employer. See 20 CFR 202.3.

FICA and State Unemployment Tax Exemption

Employers who are covered under the RRA and RUIA do not pay Social Security taxes under the Federal Income Contributions Act (FICA) nor do they pay unemployment taxes under any state law or the Federal Unemployment Tax Act.

For More Information

To view an online presentation about Employer and Employee Coverage Determinations, you can access RRBVision. 

 

‹ Chapter 01: What is the U.S. Railroad Retirement Board? | Up | Part II - Establishment of Employee Records ›

 

To view and download PDF documents, you need the free Acrobat Reader. We recommend using the latest version. Viewers with visual disabilities can go to Adobe's Access Website for tools and information that will help make PDF files accessible.
Get Adobe Acrobat Reader
 
  
To view and download PDF documents, you need the free Acrobat Reader. We recommend using the latest version. Viewers with visual disabilities can go to Adobe's Access Website for tools and information that will help make PDF files accessible.
 
 
 
 
JobsRailroad Jobs
 
Hotline Fraud Hotline
RSSField Office Locator
 

 

 
 
RRB Seal
U.S. Railroad Retirement Board
William O. Lipinski Federal Building
844 North Rush Street
Chicago, IL 60611-1275
Toll Free: (877) 772-5772
TTY: (312) 751-4701 

 

Privacy Policy
Policies & Links
Site Map
Contact Us
RRB Careers
Website Feedback

 

PlainLanguage.gov
Data.gov
USA.gov
RRB @ Data.gov

 

Artificial Intelligence (AI)
Freedom of Information Act
No FEAR Act Data
Office of Special Counsel
Plain Writing @ RRB
Open Gov @ RRB
Office of Inspector General

 
 

Last updated: 05/31/2017