SMART UnionThe (New York) Senate has passed a bill that would prohibit registered sex offenders from working as bus drivers.
The bill (S.1519) would stop the Department of Motor Vehicles from issuing or renewing a commercial driver’s license to operate a passenger or school bus to anyone who is a registered sex offender.
Read the complete story at The Legislative Gazette.
Retirees, and those planning retirement, should be aware of the railroad retirement laws governing benefit payments to annuitants who work after retirement.
The following questions and answers describe these railroad retirement work restrictions and earnings limitations on post-retirement employment, and how these rules can affect retirees engaging in self-employment. To protect the integrity of its programs, the Railroad Retirement Board (RRB) participates in information exchanges with other Federal agencies to identify unreported work and earnings. It is important to note that failure to report post-retirement work and earnings may result in overpayments, fines and, in some circumstances, may be considered fraud subject to criminal and civil penalties.
1. What are the basic railroad retirement work restrictions and earnings limitations that apply to post-retirement work?
Neither a regular railroad retirement annuity (whether based on age and service or on disability) nor a supplemental annuity is payable for any month in which a retired employee, regardless of age, works for an employer covered under the Railroad Retirement Act, including labor organizations. This is true even if only one day’s service is performed during the month and includes local lodge compensation totaling $25 or more for any calendar month. Regardless of the amount of salary, work by a local lodge or division secretary collecting insurance premiums is considered railroad work and, therefore, no annuity is payable for any month in which such activity occurs.
A spouse annuity is not payable for any month in which the employee’s annuity is not payable, or for any month in which the spouse, regardless of age, works for an employer covered under the Railroad Retirement Act. (A divorced spouse can receive an annuity even if the employee has not retired, provided they have been divorced for at least two years, the employee and divorced spouse are at least age 62, and the employee is fully insured under the Social Security Act using combined railroad and social security earnings. A court-ordered partition payment may be paid even if the employee is not entitled to an annuity provided that the employee has at least 10 years of railroad service, or five years after 1995, and both the employee and former spouse are 62.) A survivor annuity is not payable for any month the survivor works for an employer covered under the Railroad Retirement Act, regardless of the survivor’s age.
Also, like social security benefits, railroad retirement Tier I benefits and vested dual benefits paid to employees and spouses, and Tier I, Tier II and vested dual benefits paid to survivors are subject to deductions if an annuitant’s earnings exceed certain exempt amounts. These earnings deductions do not apply to those who have attained full social security retirement age. Full retirement age for employees and spouses ranges from age 65 for those born before 1938 to age 67 for those born in 1960 or later. Full retirement age for survivor annuitants ranges from age 65 for those born before 1940 to age 67 for those born in 1962 or later. Deductions for all annuitants, however, remain in effect for the months before the month of full retirement age during the calendar year of attainment. (The attainment of full retirement age does not mean an annuitant can return to work for an employer covered under the Railroad Retirement Act. As explained above, no annuity is payable for any month in which the annuitant works for a railroad employer, regardless of the annuitant’s age).
Additional deductions are assessed for retired employees and spouses who work for their last pre-retirement non-railroad employer (see question 3 below). Also, special restrictions apply to disability annuitants (see questions 5 and 6 below).
2. What are the current exempt earnings amounts for those non-disability annuitants subject to earnings limitations?
For those under full retirement age throughout 2014, the exempt earnings amount is $15,480. For beneficiaries attaining full retirement age in 2014, the exempt earnings amount is $41,400 for the months before the month full retirement age is attained.
For those under full retirement age throughout the year, the earnings deduction is $1 in benefits for every $2 of earnings over the exempt amount. For those attaining full retirement age in 2014, the deduction is $1 for every $3 of earnings over the exempt amount in the months before the month full retirement age is attained.
All earnings received for services rendered, plus any net earnings from self-employment, are considered when assessing deductions for earnings. Interest, dividends, certain rental income or income from stocks, bonds, or other investments are not generally considered earnings for this purpose.
3. What are the additional deductions applied to the annuities of retired employees and spouses working for their last pre-retirement non-railroad employer?
Such employment will reduce Tier II benefits and supplemental annuity payments, which are not otherwise subject to earnings deductions, by $1 for each $2 of earnings received subject to a maximum reduction of 50 percent. The deductions in the Tier II benefits and supplemental annuities of individuals who work for pre-retirement non-railroad employers apply even if earnings do not exceed the Tier I exempt earnings limits. Also, while Tier I and vested dual benefit earnings deductions stop when an annuitant attains full retirement age, these Tier II and supplemental annuity deductions continue to apply after the attainment of full retirement age. Work that begins on the same day as the annuity beginning date is not last pre-retirement non-railroad employment.
4. Can a retired employee’s earnings also reduce a spouse’s benefit?
A spouse benefit is subject to reductions not only for the spouse’s earnings, but also for the earnings of the employee, regardless of whether the earnings are from service for the last pre-retirement non-railroad employer or other post-retirement employment.
5. What are the special earnings restrictions applied to disabled employee annuitants?
A disability annuity is not payable for any month in 2014 in which the disabled employee annuitant earns more than $840 in any employment or net self-employment, exclusive of disability-related work expenses. If a disabled employee annuitant’s earnings in a year (after deduction of disability-related work expenses) exceed the annual limit, the annuity is not payable for the number of months derived by dividing the amount by which those earnings exceed the annual limit by the amount of the monthly limit. Any resulting fraction of a month equal to or greater than one-half (0.5) is rounded up, increasing the number of months in which the annuity is not payable by one. For example, a disabled employee annuitant earns $14,550 in 2014, which is $4,050 over the 2014 annual limit of $10,500. Dividing $4,050 by $840 yields 4.82. As .82 is more than one-half, the annuitant would lose 5 months of benefits.
These disability work restrictions cease upon a disabled employee annuitant’s attainment of full retirement age (age 65-67). This transition is effective no earlier than full retirement age even if the annuitant had 30 years of service. Earnings deductions continue to apply to those working for their last pre-retirement non-railroad employer.
If a disabled employee annuitant works before full retirement age, this may also raise a question about the possibility of that individual’s recovery from disability, regardless of the amount of earnings. Consequently, any earnings must be reported promptly to avoid o
verpayments, which are recoverable by the RRB and may also include significant penalties.
6. Do the special earnings restrictions listed in question 5 apply to disabled widow(er) and disabled child annuitants?
The earnings restrictions listed in question 5 do not apply to disabled widow(er)s under age 60 or to disabled children. However, the annuity of an unmarried disabled widow(er) technically becomes an age annuity when the widow(er) attains age 60. Therefore, regular annual earnings restrictions apply beginning with the month the widow(er) attains age 60 and ending with the month before the month the widow(er) attains full retirement age.
All earnings in the year age 60 is attained are considered in determining excess earnings for that year. However, work deductions may apply only beginning with the month the widow(er) attains age 60.
Also, if a disabled widow(er) works before full retirement age, this may also raise a question about the possibility of that individual’s recovery from disability, regardless of the amount of earnings. Therefore, any earnings must be reported promptly to avoid overpayments, which are recoverable by the RRB and may also include significant penalties.
7. A railroad retirement employee annuitant is thinking of becoming a self-employed contractor or consultant, and might be providing services for a railroad or last pre-retirement non-railroad employer. How would this affect his or her railroad retirement annuity?
It depends on whether or not the RRB considers the annuitant to be truly engaging in self-employed contracting or consulting, or whether the agency considers him or her to be functioning as an employee, and if so, who the RRB considers to be the actual employer for railroad retirement purposes.
If a retiree is considered to be functioning as a self-employed contractor or consultant, his or her annuity is subject to Tier I and vested dual benefit earnings deductions for net self-employment earnings.
However, if a retiree is considered to be functioning as an employee of a railroad or railroad labor organization, rather than as a self-employed contractor or consultant, the retiree’s annuity would be subject to suspension. If the retiree is considered the employee of a non-railroad employer, the retiree’s annuity would be subject to earnings deductions for non-railroad wages, and to additional deductions if he or she is considered to be working for a last pre-retirement non-railroad employer.
RRB determinations on contracting or consulting services take into account multiple factors that could be evaluated differently depending on the circumstances of the individual situation. Since no single rule covers every case, anyone requiring a determination as to whether contractor or consultant service is valid self-employment should contact the RRB for a determination well in advance of making a commitment so as to be sure of the effect on benefit payments.
8. How can individuals get more information about these railroad retirement work restrictions and earnings limitations?
Claimants with questions about railroad retirement work restrictions and earnings limitations should contact an RRB office by calling toll-free at 1-877-772-5772. Claimants can also find the address of the RRB office serving their area and get information about their claims and benefit payments by calling this toll-free number. Most RRB offices are open to the public from 9:00 a.m. to 3:30 p.m., Monday through Friday, except on Federal holidays. Field office locations can also be found by visiting www.rrb.gov.
If you think the man has lost his touch, think again.
Warren Buffett’s ‘elephant-gun’ purchase of the Burlington Northern Santa Fe, LLC, railroad for $34 billion in 2010 was impeccably timed (coming as it did a year off the 2008-2009 financial crisis) and a huge bet on the revival of the US economy.
However, just four years later, this investment is worth at least $65 billion, according to analysts.
Read the complete story at Value Walk.
Local 36 members in St. Louis joined an army of more than 1500 volunteers as part of the Rebuilding Together St. Louis organization’s massive home rehab blitz Saturday. This was part of an effort to provide free home repair for low-income and elderly homeowners.
Joining Local 36 were Plumbers & Pipefitters Local 562, Glaziers Local 513 and IBEW Local 1.
They handled projects from fixing leaky faucets and replacing faulty electrical wiring and service panels to rebuilding outdoor decks and replacing doors, windows, and kitchen & bathroom fixtures and appliances. At the end of the day, Rebuilding Together St. Louis provided more than $677,000 worth of materials and labor at the 55 homes thanks to the army of volunteers.
CALGARY – The CEO of Canadian Pacific Railway says he’d like to see Canada and the United States work together on rail regulations – though he admits it may be difficult to pull off.
The company is trying to talk to regulators in Washington and Ottawa about how the lack of consistency is hurting business, Hunter Harrison said Thursday (May 1).
Read the complete story at the Global Post.
WASHINGTON – A great friend of organized labor and a leader of transportation infrastructure reformation, former U.S. Rep. Jim Oberstar, died Saturday, May 3.
Oberstar, 79, was the former chairperson of the House of Representatives’ Transportation and Infrastructure Committee and was Minnesota’s longest-serving congressman.
He was instrumental in securing the commuter rail system in the Twin Cities and had a reputation as an expert in public works and transportation issues.
“He was the leading infrastructure expert of our time,” said former Republican congressman from Minnesota, Vin Weber.
“Jim Oberstar was not only a champion of workers in his district and all over Minnesota, he was a true advocate for all transportation employees in this country and cared about their safety on the job. We lost a real giant among men,” SMART Transportation Division President John Previsich said.
“His impacts are almost indescribable,” said former Minnesota State House Majority Leader Tony Sertich of the Minnesota Democratic Farmer Labor Party. “You can’t travel down a road, or a bridge, or an airport or a trail in northeastern Minnesota without his fingerprint on it.”
“Workers everywhere lost a true friend. Mr. Oberstar not only took the time and energy to learn about worker issues, he really cared about their health and safety. We also cannot ever forget that our Railroad Retirement Reform Act would not have become law without his strong advocacy,” SMART Transportation Division National Legislative Director James Stem said.
U.S. Senator Al Franken made the following statement upon learning of the death of Oberstar:
“By the time Jim rose to Chairman of the House Transportation Committee, he knew more about transportation than anyone in this country. The first time I saw Jim in action as Chairman, he was presiding over a hearing on high speed rail with witnesses from Japan and France, and several other countries, all of which – to our shame – are far ahead of us in high speed rail.
“When it came time for the Chairman to ask his questions, I learned that Jim had piloted every one of these high speed trains, and Jim questioned the French witness in his own language in startlingly fluent French. It was a tour de force. I think that’s French.
“If Jim were asked to write this himself, he’d somehow segue to the history of infrastructure in this country, from the Erie Canal to rural broadband, then circle back to the Roman aqueducts and the use of slaves to build them and then move into a history of the labor movement, of which he was a fierce champion.
“Franni and I will miss Jim. We know all of you will as well. And we all are better people for having known him. And the Eighth District is a much, much better place for his service.”
Read Oberstar’s complete obituary here.
WASHINGTON – Amtrak invites America to celebrate the many benefits trains bring to the nation at the seventh annual National Train Day on May 10, 2014. Trains are an integral part of daily American life and connect communities, provide jobs and economic development, support local businesses and attract funds for infrastructure improvement. From big cities to small towns, coast to coast and border to border, trains matter.
In addition to events in Philadelphia, Washington, D.C., Chicago and Los Angeles, Amtrak is supporting events in many local markets across the country served by America’s Railroad. Event offerings will vary to include train equipment displays, family-friendly activities and local dignitaries.
“Trains have long been important to the growth and prosperity of our nation and today Amtrak supports our national economy and connectivity by moving America where it wants to go,” said Amtrak President and CEO Joe Boardman.
“Amtrak is America’s Railroad. Trains came first, long before the interstate and the airport,” said Mayor Todd Barton of Crawfordsville, Ind. “From a presidential candidate campaigning across the country to a young scholar leaving home for school, trains take us where we need to go. They are important and should be celebrated.”
Boardman added that rail travel is a vital transportation alternative that is cost-efficient, environmentally friendly and in high public demand. In addition, intercity passenger trains matter because they connect rural communities with major metropolitan areas and afford passengers more than 500 destinations – an option that has become increasingly important as airline and bus companies reduce service to significant regions of America.
Details on National Train Day events and information on how to host a National Train Day event are available at NationalTrainDay.com.
The head of the MTA Wednesday abruptly fired Long Island Rail Road president Helena Williams and named her successor in the midst of intense labor negotiations.
Williams, the first woman to run the nation’s busiest commuter railroad, said that after a board meeting, she was summoned to the office of her boss, Metropolitan Transportation Authority chairman Thomas F. Prendergast, where he broke the news.
Read the complete story at Newsday.
Swift and crucial response offered by a SMART Transportation Division member to a woman in distress on a passenger platform in South Florida Feb. 15 likely resulted in life-saving action by the Tri-Rail conductor.
Thomas E. Baker, a member of Local 30 at Jacksonville, Fla., and an employee of Veolia Transportation, noticed a 65-year old woman collapsed and lying on the transfer station platform.
He scrambled to reach her and discovered that she had no pulse and was not breathing. Without hesitation, he began performing CPR for more than 15 minutes until emergency medical service personnel arrived. The EMS personnel indicated that, because of his actions, Baker was able to successfully revive the woman and maintain her weak pulse, ultimately saving her life.
“This was a call to duty and I can only hope that someone would do the same for me or my family members if the situation ever arises,” Baker said.
Baker learned his CPR skills in the U.S. Air Force, where he served five years and nine months. He is a Gulf War veteran and participated in Operation Desert Storm. He then worked in Southern Florida law enforcement for more than 15 years. In 2010, he joined Veolia Transportation as an operations supervisor and was promoted to conductor two years later.
He said that this incident is proof that CPR training really does save lives.
On March 28, in recognition of his heroic deed, the South Florida Regional Transportation Authority (SFRTA) presented Baker and two custom protection officers with its first ever “distinguished service awards” at a meeting of the authority’s governing board. The agency said the awards are inspired by transit heroes who have gone above and beyond the call of duty to protect and aid Tri-Rail passengers.
In presenting the award, SFRTA Chair Commissioner Steven L. Abrams praised Baker and the two CPO officers saying, “These three heroes are indicative of the quality and caliber of the men and women who serve our Tri-Rail passengers every day. We are honored to have them as part of the SFRTA team.”
Congratulations, and well done, Brother Baker.
SMART?Transportation Division Local 30 conductor Thomas E. Baker, second from right, is presented a crystal “distinguished service award” by South Florida Regional Transportation Authority Commissioner Steven L. Abrams, far right, for his life-saving action in performing CPR on a passenger in distress. Also honored at the ceremony were G4S Custom Protection Officers James Errante and Lester Anderson, who removed a gunman from a Tri-Rail train. In the process, Errante was shot twice and Anderson was severly bitten by the suspect.
By Joe Nigro,
SMART General President –
The SMART General Executive Council met in Maryland the week of March 31 to April 4 to identify opportunities and challenges in developing a five-year plan to move SMART forward. Representatives from the Sheet Metal and Transportation Divisions participated in the strategic planning sessions facilitated by FMI consultants, who have worked with SMART in the past.
Officers and staff members delved into the challenges facing the organization and how it could combine its resources to advance the merger process. While SMART members in construction have suffered from the acute effects of the Great Recession on construction industry activity, members on the transportation side have been faced with the challenges posed by rival unions using cutthroat tactics to offer substandard services to our members.
One of the takeaways from our planning session was the need to re-examine the way we communicate within and outside SMART. I understand that the goal of jam-packed union meetings has become unrealistic in some cases, due to the pace of day-to-day schedules and the demands placed on all of us through work and family obligations.
That is why more and more people are connecting with each other online or through mobile communications. These avenues of communication are useful, but don’t forget the value of face-to-face relationships offered through union meetings.
Seventy years ago, during the New Deal, there were more than 2,000 labor-related newspapers published in local communities throughout the United States. That number dwindled during the post-war era to a low today of just a few dozen that are regularly published.
In order to fill that gaping hole, numerous online and social media websites have risen to fill that gap. Several years ago, SMART expanded its online infrastructure to not only inform members of what is going on in their union and their industries, but also enabled members to talk to and communicate with one another and with their leadership.
As one union, we are only as strong as we make it by working together. Every idea and every contribution is valued, and an idea that may seem outlandish today might be the spark that ignites a fellow member somewhere else. I strongly encourage you to follow our social media sites on Twitter and Facebook (both listed on our homepage at smart-union.org) and subscribe to updates from the SMART Action Team (www.smartaction.org) in order to remain informed about the issues we need to address together in advancing our cause. I want you to say something if you know something that makes us stronger and smarter.
The key to the success of our efforts is having members fully informed and involved. As we prepare for the upcoming conventions of the SMART Transportation Division and SMART’s General Convention, I want you to make sure you understand the provisions and proposed changes to the constitution.
I want you to be involved in selecting your delegates, who will be representing your interests in amending and adopting SMART’s Constitution, which will guide our operations for the next five years. To help keep you up to date, please visit our website at smart-union.org for breaking news and other vital information for our members and their family.