TN 6 (05-02)
RS 01601.400 When RRB Will Use MS
RRB grants credit for MS for war periods including Operation Desert Shield/ Desert Storm, the period 06/15/1948 - 12/15/1950, the national emergency period 12/16/1950 - 09/14/1978 and any other period of service if involuntary. Certain conditions of the service are required and RRB will credit MS if the MS is needed to establish eligibility or to increase the amount of the RR benefit.
RRB can credit MS that is not creditable under the SS Act even though the total of RR service months including the MS is less than 120 or less than 60 service months after December 31,1995. When the MS is included in the RR compensation, SSA credits the MS that otherwise could not be credited. For example, the MS may be in 1939 or the discharge maybe dishonorable, either of which normally precludes SSA MS credit. If RRB credits the MS, the credit will be included in the RR compensation certified to SSA.
The two programs are coordinated so that it is impossible for the NH to receive dual earnings credit for the same month of MS. Both agencies certify MS earnings credits to the extent that the MS is creditable under their respective Acts. The adjudicating agency uses the MS earnings credits certified by the other agency for only those periods that the MS is not creditable under its own Act. However, SSA may not use any RR MS credit for any year prior to 1937. (See RS 01702.192.) RRB may give credit for MS even though the Office of Personnel Management (OPM) gives MS credit for Civil Service annuity purposes. (See RS 01601.410B.3.)
B. POLICY - RRB REQUIREMENTS
RRB requirements for crediting MS are:
1. Railroad Service
Veteran must have worked in RR employment in the year he/she entered MS, or in the year before he/she entered MS. Even 1 hour of compensated RR service meets this requirement.
If there is more than one period of MS, each period must be preceded by RR employment. If the veteran was required to remain in active service regardless of the discharge and re-enlistment, the two periods will be treated as a single period; the RR employment must precede the beginning period.
2. Length of MS
No minimum number of days required; one day of MS is creditable.
3. Type of Discharge