TN 6 (05-02)

RS 01601.440 Restrictions on SSA Use of Pre-1957 MS When RRB Credits MS for that Period

A. POLICY

SSA may not grant MS credit if RRB has granted credit for MS during the WW II period, 09/16/1940 - 07/24/1947, or during the post-WW II period, 07/25/1947 -12/31/1956. (See HI 00801.201 for ESRD claims exception.)

The mere creditability of MS by RRB does not preclude SSA credit since RRB will only credit the MS if it is to the advantage of the worker for RR service months, a higher annuity, or to credit MS not creditable by Social Security. RRB must have actually used the MS to establish eligibility or to compute the benefit amount. Further, the crediting of MS by RRB in only one of the two periods (WW II or post-WW II) does not preclude SS credit in the other period.

B. PROCEDURE

If the NH's RR compensation cannot be used by SSA because there are 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 accrued after December 31, 1995 which may include creditable MS, an SSA-655-U2 (RS 01702.260) must be obtained from RRB before SSA can credit MS. If the SSA-655-U2 returned from RRB indicates (per the check blocks) that MS was not used, but it contains a remark to the effect that MS was used as SS wages in tier I, SSA MS credit can be given.

C. CHART OF EXAMPLES OF RRB AND SSA USE OF MS

 

EXAMPLE/ YEAR
NH HAD
RR SERVICE

PERIODS OF MS

MS USED BY RRB*

MS CREDITABLE
BY SSA**

A 1939

10/05/39 - 10/25/45

10/39 - 10/45

None

 

09/15/47 - 09/14/53

None

09/47 - 09/53

B 1939

07/25/39 - 09/01/45

None

09/40 - 09/45

   1950

09/01/50 - 12/15/51

09/50 - 12/51

None

C 1950

10/12/40 - 04/17/46

None

10/40 - 04/46

 

01/06/51 - 01/05/55

01/51 - 01/55

None

D 1940

11/13/40 - 03/11/46

11/40 - 03/46

None

 

03/12/46 - 03/11/49

None

07/47 - 03/49

 

03/27/51 - 03/26/55

None

03/51 - 03/55

E 1950

08/12/40 - 09/23/45

None

09/40 - 09/45

 

09/24/45 - 09/23/48

None

10/45 - 07/47

 

01/03/51 - 01/02/55

01/51 - 01/55

None

F 1942

03/27/42 - 12/24/45

03/42 - 12/45

None

   1946

03/22/47 - 03/21/49

03/47 - 06/48

None

 

12/28/50 - 12/27/