TN 6 (05-02)
RS 01601.420 Waiver of Military Service Credits
The RR claimant may waive the use of MS credits by RRB. The MS may be declined before filing, not claimed when filing or waived at any time. Any waiver of MS already credited is retroactive to the date first used by RRB.
1. More Than One Period of MS
When there is more than one period of MS, the worker may waive any one period or all periods.
Any continuous period of MS can only be waived in its entirety.
2. Restriction on SSA Use of Waived MS
If MS is waived or the RR application is withdrawn after RRB determines that the MS is creditable for annuity entitlement or for computation purposes, then SSA may not use any pre-1957 MS (see RS 01701.001).
3. Survivor Cases
In survivor cases, RRB will always credit MS if a current connection can be established (regardless of the use or nonuse of MS for any life annuity) and RRB will assume jurisdiction of survivor claim(s). If there is no current connection, RRB will give jurisdiction to SSA and, if advantageous, SSA will either credit MS directly or as RR compensation credit.
4. Constraints on FO Advice
The FO, upon realizing that 120 or more months of RR service or effective 01/01/2002, if less than 120 months of RR service but with at least 60 months of RR service after December 31, 1995 will be attained if RRB credits MS, or in any other situation, should not bring up the declination or waiver of RRB MS credit. The matter is strictly an issue between RRB and the claimant. Of course, if RRB or the claimant inquires of SSA as to the effect of RRBs crediting or noncrediting of the MS on SS entitlement, or the effect on the benefit amount, complete and accurate information must be provided to the inquirer.