TN 12 (01-14)

RS 01602.340 Social Security Administration (SSA) Processing Center (PC) Action When Number Holder (NH) Acquires 60 or 120 Months of Railroad Retirement (RR) Service after Entitlement to an SSA Benefit Partially Based on RR Service

The RRB will notify SSA that a railroad employee's service now qualifies the employee as vested for a railroad annuity. Do not take action if the railroad employee is not entitled to SSA benefits. The PC will take the following action if a beneficiary is entitled to an SSA benefit on the NH’s record:

WHEN…

THEN…

The Processing Center (PC) receives notice from the RRB that a NH's RR earnings qualify for vesting under the (RRB) (RS 01601.110). At least one beneficiary is currently receiving a SS benefit based at least partially on the NH’s RR earnings.

A Claims Authorizer (CA) in the PC will recalculate any Social Security (SS) benefits to exclude all RR wages, beginning with the first month the RRB determines the worker’s employment qualifies as vested with the RRB. For additional information regarding the use of RR compensation, see RS 01601.260.

Primary Insurance Amount (PIA) is reduced, but the NH remains insured for SS benefits

Send an advance notice to the claimant in accordance with GN 03001.025 and diary for 35 days. See notices in NL 00703.155 and NL 00703.156.

If the beneficiary does not protest, prepare an amended award to change the PIA and benefit rate effective with the month of vesting under the RRB for the NH.

Send a final notice in accordance with GN 03001.015B. In the notice, explain that because the NH's RR employment qualified him or her for vesting with the RRB, we can only use SS earnings to compute the SS benefit. Also, advise the NH to contact the RRB to file for an RR annuity if he or she has not done so.

Notify the PC OAS staff to coordinate the certification change with the RRB, to prevent any benefit interruption. The PC OAS staff will notify the appropriate technician when to process the amended award to certify the benefit to the RRB as a RR-Cert case.

If the beneficiary protests before we take this adverse action, follow GN 03001.025B.3.

If the beneficiary disagrees with our determination after we take the adverse action, follow GN 03001.025B.4.

PIA remains the same

Advise the NH that SSA will now certify his or her benefit to the RRB, and that he or she should file for an RR annuity, if he or she has not already done so.

Refer the issue to the PC OAS staff to coordinate the certification change with the RRB to prevent any benefit interruption.

The case is now a RR-Cert case.

NH is not insured with SS alone

Send an advance notice in accordance with GN 03001.025 and diary for 35 days. Notices are located in NL 00703.159 and NL 00703.160.

If you do not receive a protest, terminate benefits effective with the month in which the RRB determined that the vesting of the NH under the RRB.

Send a termination notice explaining the reason for termination and the fact that NH should file for an RR annuity if he or she has not done so

If the beneficiary protests before we take the adverse action, follow GN 03001.025B.3.

If the beneficiary disagrees after we take the adverse action, follow