TN 3 (11-88)

GN 04020.050 Unrestricted Reopening - RRB Pursuant to RRA Has Awarded Duplicate Benefits on Same E/R — Policy Principle

Where the RRB has awarded benefits based in whole or in part on the same wages or wage credits (including military service credits under Sec. 217 of the Social Security Act) on which the SSA award is based, SSA's award may be reopened at any time to delete the duplicate benefits. An RRB residual payment does not constitute an award of duplicate benefits.

Administrative finality is not involved when we correctly awarded RIB or DIB and the NH later acquires the necessary months of railroad service to receive benefits from the RRB. Depending on the circumstances, this will be 60 months or 120 months of railroad service. To determine the applicable months of service, see Insured Status Under the Railroad Retirement Act RS 01601.110. For these cases, we must make an initial determination effective with the month the NH acquires the necessary months of railroad service. We must exclude railroad compensation from the award or, when the NH no longer meets insured status, we must terminate benefits. As with other initial determinations, the time limit for reopening begins from the date of the notice of such determination.