TN 6 (05-02)

RS 01601.430 SSA Handling of Cases Involving Railroad and Military Service

A. Background

RRB cannot certify MS computation credits unless it has the evidence or SSAs verification of the period(s) of MS and, when applicable, information as to the means of entry into active MS.

RRB will consider MS compensation credits in its initial certification of RR service only if RRB already has evidence of the period(s) of MS. When RRB certifies compensation based upon MS, RRB will enter the period(s) of MS and indicate whether or not RRB has used the MS either in establishing eligibility under the RR Act or in computing an approved benefit payment.

B. Policy

If the FO determines than MS is pertinent, as noted in RS 01601.430D., the FO must obtain evidence of the MS before forwarding a SSA-790-RR and, if necessary, send a SSA-655-U2 to RRB.

C. Process- OEO Handling

When the FO indicates MS information in the ER and RR is involved, OEO will furnish a yearly breakdown of RR earnings for the 1937 - 1946 period only if such a breakdown is pertinent.

A breakdown of the pre-1947 period will be given if:

  1. The NH does not have a total of 120 months of RR service or effective 01/01/2002, if less than 120 months of RR service and have less than 60 months of RR accrued after December 31, 1995, and

  2. The number of months obtained by adding the total number of months of MS to the number of months of RR service equals or exceeds 120; or

  3. Periods of MS are not creditable for the WW II or post-WW II periods under the SS Act but may be creditable under the RR Act (see RS 01601.410B.3.) and the inclusion of the compensation based on MS would increase the PIA, or such RR MS compensation credits are needed to establish insured status.

In order to expedite the RR processing, OEO does not include any MS information in the initial request for the RR ER.

D. Procedure - FO Handling

When the FO has developed and verified the MS, complete and forward a SSA-790-RR to RRB.

Where it appears that MS creditable under the RR Act would give the NH at least 120 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 accrued after December 31, 1995, complete the applicable items on an SSA 655-U2 (RS 01702.278) and attach it to the SSA-790-RR. In the “Remarks” block of the SSA-790-RR, insert the following statement; “please complete appropriate items on attached SSA-655-U2 if creditable MS gives NH at least 120 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 accrued after December 31, 1995.”

Types of acceptable evidence of MS are discussed in RS 01701.005. RRB will accept SSA's verification of the dates of the periods of active MS. In RR cases, if the NH had any period(s) of MS which began after 1946 and before 12/16/1950, the evidence of MS must show the means of entry into active MS, i.e., inducted, called from inactive service, enlisted, re-enlisted, or commissioned. The information is needed so that RRB can determine whether the MS was involuntary and whether the MS is creditable under the RR Act. Explain any type of questionable service under “Remarks” because there are differences between active MS under the RR Act and under the SS Act.

If the MS was entered into voluntarily ask the NH if he/she was employed in any noncovered SSA work (e.g., Civil Service) after leaving MS and before returning to RR service. Report the NHs reply in “Remarks.” (RS 01601.410B.1.)


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0301601430
RS 01601.430 - SSA Handling of Cases Involving Railroad and Military Service - 08/05/2016
Batch run: 08/05/2016
Rev: