RRB_seal_150pxIn addition to the retirement annuities payable to employees, the Railroad Retirement Act, like the Social Security Act, also provides annuities for the spouses of retired employees. Payment of a spouse annuity is made directly to the wife or husband of the employee. Divorced spouses may also qualify for benefits.

The following questions and answers describe the benefits payable to spouses and the eligibility requirements.

1. How are railroad retirement spouse annuities computed?

Regular railroad retirement annuities are computed under a two-tier formula. The spouse annuity formula is based on certain percentages of the employee’s Tier I and Tier II amounts.

The Tier I portion of an employee’s annuity is based on both railroad retirement credits and any social security credits that the employee also earned. Computed using social security benefit formulas, an employee’s Tier I benefit approximates the social security benefit that would be payable if all of the employee’s work were performed under the Social Security Act.

The Tier II portion of the employee’s annuity is based on railroad retirement credits only, and may be compared to the retirement benefits paid over and above social security benefits to workers in other industries.

The first Tier of a spouse annuity, before any applicable reductions, is 50 percent of the railroad employee’s unreduced Tier I amount. The second Tier amount, before any reductions, is 45 percent of the employee’s unreduced Tier II amount.

2. How does a railroad retirement spouse annuity compare to a social security spouse benefit? 

The average annuity awarded to spouses in fiscal year 2014, excluding divorced spouses, was $1,050 a month, while the average monthly social security spouse benefit was about $614.

Annuities awarded in fiscal year 2014 to the spouses of employees who were of full retirement age or over and who retired directly from the rail industry with at least 25 years of service averaged $1,224 a month; and the average award to the spouses of employees retiring at age 60 or over with at least 30 years of service was $1,425 a month.

3. What are the age requirements for a railroad retirement spouse annuity?

The age requirements for a spouse annuity depend on the employee’s age and date of retirement and the employee’s years of railroad service. 

If a retired employee with 30 or more years of service is age 60, the employee’s spouse is also eligible for an annuity the first full month the spouse is age 60. Certain early retirement reductions are applied if the employee first became eligible for a 60/30 annuity July 1, 1984, or later and retired at ages 60 or 61 before 2002. If the employee was awarded a disability annuity, has attained age 60 and has 30 years of service, the spouse can receive an unreduced annuity the first full month she or he is age 60, regardless of whether the employee annuity began before or after 2002 as long as the spouse’s annuity beginning date is after 2001.

If a retired employee with less than 30 years of service is age 62, the employee’s spouse is also eligible for an annuity the first full month the spouse is age 62. Early retirement reductions are applied to the spouse annuity if the spouse retires prior to full retirement age. Full retirement age for a spouse is gradually rising to age 67, just as for an employee, depending on the year of birth. Reduced benefits are still payable at age 62, but the maximum reduction will be 35 percent rather than 25 percent by the year 2022. However, the Tier II portion of a spouse annuity will not be reduced beyond 25 percent if the employee had any creditable railroad service before Aug. 12, 1983.

4. What if the spouse is caring for a child of the retired employee?

A spouse of an employee receiving an age and service annuity (or a spouse of a disability annuitant who is otherwise eligible for an age and service annuity) is eligible for a spouse annuity at any age if caring for the employee’s unmarried child, and the child is under age 18 or a disabled child of any age who became disabled before age 22.

5. What are some of the other general eligibility requirements?

The employee must have been married to the spouse for at least one year, unless the spouse is the natural parent of their child, or the spouse was eligible or potentially eligible for a railroad retirement widow(er)’s, parent’s or disabled child’s annuity in the month before marrying the employee or the spouse was previously married to the employee and received a spouse annuity. However, entitlement to a surviving divorced spouse, surviving divorced young mother (father), or remarried widow(er) annuity does not waive the one-year marriage requirement.

6. Can the same-sex spouse of a railroad employee file for a railroad retirement spouse annuity? 

On June 26, 2013, the Supreme Court found Section 3 of the Defense of Marriage Act, which prevented the Federal government from recognizing marriages of same-sex couples, to be unconstitutional. As a result, the Railroad Retirement Board (RRB) now accepts applications for benefits from those eligible spouses in same-sex marriages.

Applicants should be aware that the Railroad Retirement Act requires that in determining whether an applicant is the spouse of the railroad employee, the RRB must use the rules for determining relationship for benefit entitlement purposes under the Social Security Act. In general, that Act requires that the Social Security Administration refer to State law. Accordingly, the RRB will determine whether an applicant is a spouse under the same conditions as the Social Security Administration.

7. Are spouse annuities subject to offset for the receipt of other benefits?

The Tier I portion of a spouse annuity is reduced for any social security entitlement, regardless of whether the social security benefit is based on the spouse’s own earnings, the employee’s earnings orthe earnings of another person. This reduction follows principles of social security law which, in effect, limit payment to the higher of any two or more benefits payable to an individual at one time.

The Tier I portion of a spouse annuity may also be reduced for receipt of any Federal, State or local pension separately payable to the spouse based on the spouse’s own earnings. The reduction generally does not apply if the employment on which the public service pension is based was covered under the Social Security Act throughout the last 60 months of public employment. Most military service pensions and payments from the Department of Veterans Affairs will not cause a reduction. Pensions paid by a foreign government or interstate instrumentality will not cause a reduction. For spouses subject to a public service pension reduction, the tier I reduction is equal to 2/3 of the amount of the public service pension.

In addition, if the employee was first eligible for a railroad retirement annuity and a federal, state or local government pension after 1985, there may be a reduction in the employee’s Tier I amount for receipt of a public pension based, in part or in whole, on employment not covered by social security or railroad retirement after 1956. If the employee’s Tier I benefit is offset for a noncovered service pension, the spouse Tier I amount is 50 percent of the employee’s Tier I amount after the offset.

The spouse Tier I portion may also be reduced if the employee is under age 65 and is receiving a disability annuity as well as worker’s compensation or public disability benefits.

While these offsets can reduce or even completely wipe out the Tier I benefi
t otherwise payable to a spouse, they do not affect the Tier II benefit potentially payable to that spouse.

8. Under what conditions can the divorced spouse of a rail employee receive a spouse annuity?

A spouse annuity may also be payable to the divorced wife or husband of a retired employee if their marriage lasted for at least 10 consecutive years, both have attained age 62 for a full month, and the divorced spouse is not currently married. A divorced spouse can receive an annuity even if the employee has not retired, provided they have been divorced for a period of not less than 2 years, the employee and former spouse are at least age 62, and the employee is fully insured under the Social Security Act using combined railroad and social security earnings. The amount of a divorced spouse’s annuity is, in effect, equal to what social security would pay in the same situation and therefore less than the amount of the spouse annuity otherwise payable (Tier I only). The average divorced spouse annuity awarded in fiscal year 2014 was $624.

9. Would the award of an annuity to a divorced spouse affect the monthly annuity rate payable to a retired employee and/or the current spouse?

No. If a divorced spouse becomes entitled to an annuity based on the employee’s railroad service, the award of the divorced spouse’s benefit would not affect the amount of the employee’s annuity, nor would it affect the amount of the railroad retirement annuity that may be payable to the current spouse.

10. What if an employee and spouse are both railroad employees?

If both the employee and spouse are qualified railroad employees and either had some railroad service before 1975, both can receive separate railroad retirement employee and spouse annuities, without a full dual benefit reduction. If both started railroad employment after 1974, the amount of any spouse or divorced spouse annuity is reduced by the amount of the employee annuity to which the spouse is also entitled.

11. Are railroad retirement annuities subject to garnishment or property settlements?

Certain percentages of any railroad retirement annuity (employee, spouse or survivor) may be subject to legal process (i.e., garnishment) to enforce an obligation for child support and/or alimony payments.

Also, a court-ordered partition payment may be paid even if the employee is not entitled to an annuity provided that the employee has 10 years of railroad service or five years after 1995 and both the employee and former spouse are 62.

Employee Tier II benefits, vested dual benefits and supplemental annuities are subject to court-ordered property settlements in proceedings related to divorce, annulment or legal separation. Tier I benefits are not subject to property settlements.

12. How can a person get more information about railroad retirement spouse annuities?

For more information and/or a benefit estimate, contact an office of the RRB by calling toll free at (877) 772-5772. Most RRB offices are open to the public from 9 a.m. to 3:30 p.m., Monday through Friday, except on Federal holidays. Visit the agency’s website at www.rrb.gov.

RRB_seal_150pxThe amounts of compensation subject to railroad retirement Tier I and Tier II payroll taxes will increase in 2015, with the Tier I tax rates remaining the same while Tier II tax rates will increase for both railroad employers and employees. Also, railroad unemployment insurance contribution rates paid by employers will include a surcharge of 1.5 percent in 2015.

Tier I and Medicare Tax –The railroad retirement Tier I payroll tax rate on covered rail employers and employees for the year 2015 remains at 7.65 percent. The railroad retirement Tier I tax rate is the same as the social security tax, and for withholding and reporting purposes is divided into 6.20 percent for retirement and 1.45 percent for Medicare hospital insurance. The maximum amount of an employee’s earnings subject to the 6.20 percent rate increases from $117,000 to $118,500 in 2015, but there is no maximum on earnings subject to the 1.45 percent Medicare rate.

An additional Medicare payroll tax of 0.9 percent applies to an individual’s income exceeding $200,000 or $250,000 for a married couple filing a joint tax return. While employers will begin withholding the additional Medicare tax as soon as an individual’s wages exceed the $200,000 threshold, the final amount owed or refunded will be calculated as part of the individual’s Federal income tax return.

Tier II Tax – The railroad retirement Tier II tax rate on employees will be 4.9 percent in 2015, and the employers’ rate will be 13.1 percent. The rates in 2014 for employees and employers were 4.4 percent and 12.6 percent, respectively. The maximum amount of earnings subject to railroad retirement Tier II taxes will increase from $87,000 to $88,200 in 2015. Since 2004, Tier II tax rates are based on an average account benefits ratio reflecting railroad retirement fund levels. Depending on this ratio, the Tier II tax rate for employees can be between 0 percent and 4.9 percent, while the Tier II rate for employers can range between 8.2 percent and 22.1 percent.

Unemployment Insurance Contributions – Employers, but not employees, pay railroad unemployment insurance contributions, which are experience-rated by employer. The Railroad Unemployment Insurance Act also provides for a surcharge in the event the Railroad Unemployment Insurance Account balance falls below an indexed threshold amount. The accrual balance of the Railroad Unemployment Insurance Account was $140.8 million on June 30, 2014. Since the balance is less than the indexed threshold of $141.2 million, a 1.5 percent surcharge will be added to the basic contribution rates for 2015, but will not increase the maximum 12 percent rate. There was no surcharge in 2014 or 2013, although a surcharge of 1.5 percent applied in 2012.

As a result, the unemployment insurance contribution rates (including the 1.5 percent surcharge) on railroad employers in 2015 will range from the minimum rate of 2.15 percent to the maximum of 12 percent on monthly compensation up to $1,455, an increase from $1,440 in 2014.

In 2015, the minimum rate of 2.15 percent will apply to 77 percent of covered employers, with 8 percent paying the maximum rate of 12 percent.

During the year, new employers will pay an unemployment insurance contribution rate of 4.09 percent, which represents the average rate paid by all employers in the period 2011-2013.

RRB_seal_150pxRailroad retirement annuitants subject to earnings restrictions can earn more in 2015 without having their benefits reduced as a result of increases in earnings limits indexed to average national wage increases.

Like Social Security benefits, some railroad retirement benefit payments are subject to deductions if an annuitant’s earnings exceed certain exempt amounts. These earnings restrictions apply to those who have not attained full social security retirement age. For employee and spouse annuitants, full retirement age ranges from age 65 for those born before 1938 to age 67 for those born in 1960 or later. For survivor annuitants, full retirement age ranges from age 65 for those born before 1940 to age 67 for those born in 1962 or later.

For those under full retirement age throughout 2015, the exempt earnings amount rises to $15,720 from $15,480 in 2014. For beneficiaries attaining full retirement age in 2015, the exempt earnings amount, for the months before the month full retirement age is attained, rises to $41,880 in 2015 from $41,400 in 2014.

For those under full retirement age, the earnings deduction is $1 in benefits for every $2 of earnings over the exempt amount. For those attaining full retirement age in 2015, the deduction is $1 for every $3 of earnings over the exempt amount in the months before the month full retirement age is attained.

When applicable, these earnings deductions are assessed on the tier I and vested dual benefit portions of railroad retirement employee and spouse annuities, and the Tier I, Tier II, and vested dual benefit portions of survivor benefits.

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 considered earnings for this purpose.

Retired employees and spouses, regardless of age, who work for their last pre-retirement non-railroad employer are also subject to an additional earnings deduction, in their tier II and supplemental benefits, of $1 for every $2 in earnings up to a maximum reduction of 50 percent. This earnings restriction does not change from year to year and does not allow for an exempt amount.

A spouse benefit is subject to reduction 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.

Special work restrictions continue to be applicable to disability annuitants in 2015. The monthly disability earnings limit increases to $850 in 2015 from $840 in 2014.

Regardless of age and/or earnings, no railroad retirement annuity is payable for any month in which an annuitant (retired employee, spouse or survivor) works for a railroad employer or railroad union.

RRB_seal_150pxMost railroad retirement annuities, like Social Security benefits, are scheduled to increase in January 2015 on the basis of the rise in the Consumer Price Index (CPI) from the third quarter of 2013 to the corresponding period of the current year.

Cost-of-living increases are calculated in both the Tier I and Tier II benefits included in a railroad retirement annuity. Tier I benefits, like social security benefits, will increase by 1.7 percent, which is the percentage of the CPI rise. Tier II benefits will increase by 0.6 percent, which is 32.5 percent of the CPI rise. The vested dual benefit payments and supplemental annuities also paid by the Railroad Retirement Board (RRB) are not adjusted for the CPI rise.

In January 2015, the average regular railroad retirement employee annuity will increase $34 a month to $2,537 and the average of combined benefits for an employee and spouse will increase $48 a month to $3,666. For those aged widow(er)s eligible for an increase, the average annuity will increase $20 a month to $1,310. However, widow(er)s whose annuities are being paid under the Railroad Retirement and Survivors’ Improvement Act of 2001 will not receive annual cost-of-living adjustments until their annuity amount is exceeded by the amount that would have been paid under prior law, counting all interim cost-of-living increases otherwise payable. Some 39 percent of the widow(er)s on the RRB’s rolls are being paid under the 2001 law.

If a railroad retirement or survivor annuitant also receives a social security or other government benefit, such as a public service pension, the increased Tier I benefit is reduced by the increased government benefit. However, Tier II cost-of-living increases are not reduced by increases in other government benefits. If a widow(er) whose annuity is being paid under the 2001 law is also entitled to an increased government benefit, her or his railroad retirement survivor annuity may decrease.

However, the total amount of the combined railroad retirement widow(er)’s annuity and other government benefits will not be less than the total payable before the cost-of-living increase and any increase in Medicare premium deductions.

The standard Medicare Part B premium generally deducted from monthly benefits will not increase in 2015, as the Centers for Medicare & Medicaid Services recently announced that it would be the same as the 2014 amount. 

In late December the RRB will mail notices to all annuitants providing a breakdown of the annuity rates payable to them in January 2015.

RRB_seal_150pxThe standard Medicare Part B monthly premium will be $104.90 in 2015, the same amount as in 2014.

Some beneficiaries will continue to pay higher premiums based on their modified adjusted gross income, but these amounts are also remaining the same as in 2014. The monthly premiums that include income-related adjustments for 2015 will be $146.90, $209.80, $272.70, or $335.70, depending on the extent to which an individual beneficiary’s modified adjusted gross income exceeds $85,000 (or $170,000 for a married couple). The highest premium rate applies to beneficiaries whose incomes exceed $214,000 (or $428,000 for a married couple). The Centers for Medicare and Medicaid Services estimates that less than five percent of Medicare beneficiaries pay the larger income-adjusted premiums.

Beneficiaries in Medicare Part D prescription drug coverage plans pay premiums that vary from plan to plan. Beginning in 2011, the Affordable Care Act required Part D beneficiaries whose modified adjusted gross income exceeds the same income thresholds that apply to Part B premiums to also pay a monthly adjustment amount. In 2015, the adjustment amount ranges from $12.30 to $70.80.

The Railroad Retirement Board withholds Part B premiums from benefit payments it processes. The agency can also withhold Part C and D premiums from benefit payments if an individual submits a request to his or her Part C or D insurance plan. The RRB will also begin withholding Part D income-related adjustment amounts from benefit payments in January 2015.

The following tables (click here) show the income-related Part B premium adjustments for 2015. The Social Security Administration is responsible for all income-related monthly adjustment amount determinations. To make the determinations, SSA uses the most recent tax return information available from the Internal Revenue Service. For 2015, that will usually be the beneficiary’s 2013 tax return information. If that information is not available, SSA will use information from the 2012 tax return.

Those railroad retirement and social security Medicare beneficiaries affected by the 2015 Part B and D income-related premiums will receive a notice from SSA by December 2014. The notice will include an explanation of the circumstances where a beneficiary may request a new determination. Persons who have questions or would like to request a new determination should contact SSA after receiving their notice.

Additional information about Medicare coverage, including specific benefits and deductibles, can be found at www.medicare.gov.

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Barrows

President Barack Obama announced Oct. 8 his intent to nominate Walter A. Barrows to a second term as the labor member to the U.S. Railroad Retirement Board. His nomination must be confirmed by the U.S. Senate.

Obama first nominated Barrows as the board’s labor member in 2011. His appointment was confirmed by the Senate on Sept. 26, 2011, and he was sworn into office on Oct. 7.

Prior to his service with the RRB, Barrows served as Secretary-Treasurer of the Brotherhood of Railroad Signalmen from 1999 to 2011. From 2004 to 2011, he also served as a labor trustee overseeing the National Railroad Retirement Investment Trust Fund.

Following the nomination of Barrows and several others to key administration posts, Obama said, “These men and women bring extraordinary dedication to their roles and will serve the American people well. I look forward to working with them in the months and years to come.”

Barrows, 56, is a native of Ohio. He started his railroad career with the Norfolk & Western Railway in 1974, holding numerous positions within the railroad’s signal department. Before being elected BRS secretary-treasurer, he served the union in a variety of local and national offices, including general chairman for the Norfolk Southern General Committee and as a Grand Lodge trustee.

He currently resides in Front Royal, Va, with his wife, Linda. They have three grown children.

Headquartered in Chicago, the RRB provides retirement, survivor, disability, unemployment and sickness benefit payments totaling almost $11 billion a year to railroad workers and their families under the Railroad Retirement and Unemployment Insurance Acts.

The agency is managed by a three-member Board comprised of a representative of rail labor, a representative of rail carriers, and a member representing the general public who serves as chairman. Barrows’ appointment was unanimously supported by 12 different international and national unions which represent employees in the rail industry.

RRB_seal_150pxThe Railroad Retirement Board (RRB) is required by law to submit annual financial reports to Congress on the financial condition of the railroad retirement system and the railroad unemployment insurance system. These reports must also include recommendations for any financing changes which may be advisable in order to ensure the solvency of the systems. In June, the RRB submitted its 2014 reports on the railroad retirement and railroad unemployment insurance systems.

The following questions and answers summarize the findings of these reports.

1. What were the assets of the railroad retirement and railroad unemployment insurance systems last year?

As of Sept. 30, 2013, total railroad retirement system assets, comprising assets managed by the National Railroad Retirement Investment Trust and the railroad retirement system accounts at the Treasury, equaled $26.7 billion. The trust was established by the Railroad Retirement and Survivors’ Improvement Act of 2001 to manage and invest railroad retirement assets. The cash balance of the railroad unemployment insurance system was $192.5 million at the end of fiscal year 2013.

2. What was the conclusion of the 2014 report on the financial condition of the railroad retirement system?

The overall conclusion was that, barring a sudden, unanticipated, large decrease in railroad employment or substantial investment losses, the railroad retirement system will experience no cash-flow problems during the next 25 years. The long-term stability of the system, however, is still uncertain. Under the current financing structure, actual levels of railroad employment and investment return over the coming years will largely determine whether corrective action is necessary.

3. What methods were used in forecasting the financial condition of the railroad retirement system?

The 2014 report projected the various components of income and outgo of the railroad retirement system under three employment assumptions, intended to provide an optimistic, moderate and pessimistic outlook, for the 25 calendar years 2014-2038. The projections of these components were combined and the investment income calculated to produce the projected balances in the railroad retirement accounts at the end of each projection year.

Projecting income and outgo under optimistic, moderate and pessimistic employment assumptions, the valuation indicated no cash-flow problems occur throughout the 25-year projection period under any of the assumptions.

4. How do the results of the 2014 report compare with those of the 2013 report?

The projected tier II tax rates for each calendar year are either the same or lower than in last year’s report. (Railroad retirement payroll taxes, like railroad retirement benefits, are calculated on a two-tier basis.) The projected combined account balances are higher at the end of each year.

The favorable comparison with last year was due to overall favorable economic and employment experience, with the largest impacts resulting from employment exceeding the RRB’s projections and actual investment return of approximately 16 percent exceeding the expected investment return of seven percent in calendar year 2013.

5. Did the 2014 report on the financial condition of the railroad retirement system recommend any railroad retirement payroll tax rate changes?

The report did not recommend any change in the rate of tax imposed by current law on employers and employees.

6. What were the findings of the 2014 report on the financial condition of the railroad unemployment insurance system?

The RRB’s 2014 railroad unemployment insurance financial report was also generally favorable. Even as maximum benefit rates increase 41 percent (from $68 to $96) from 2013 to 2024, experience-based contribution rates are expected to keep the unemployment insurance system solvent. Unemployment levels are the single most significant factor affecting the financial status of the railroad unemployment insurance system. However, the system’s experience-rating provisions, which adjust contribution rates for changing benefit levels, and its surcharge trigger for maintaining a minimum balance, help to ensure financial stability in the advent of adverse economic conditions.

Under experience-rating provisions, each employer’s contribution rate is determined by the RRB on the basis of benefit payments made to the railroad’s employees. Even under the report’s most pessimistic assumption, the average employer contribution rate remains well below the maximum throughout the projection period.

While no surcharge is in effect in calendar year 2014, this year’s report predicts a 1.5 percent surcharge in calendar years 2015 and 2016. A surcharge of 1.5 percent is also likely in calendar year 2017.

7. What methods were used to evaluate the financial condition of the railroad unemployment insurance system?

The economic and employment assumptions used in the unemployment insurance report corresponded to those used in the 2014 report on the financial condition of the retirement system. Projections were made for various components of income and outgo under each of the three employment assumptions, but for the period 2014-2024, rather than a 25-year period.

8. Did the 2014 report on the railroad unemployment insurance system recommend any financing changes to the system?

No financing changes were recommended at this time by the report.

 

RRB_seal_150pxAdditional locations have now been added to the U.S. Railroad Retirement Board’s (RRB) schedule of Pre-Retirement Seminars for railroad employees and their spouses.

Designed for railroad employees and spouses planning to retire within five years or less, the seminars will familiarize attendees with the retirement benefits available to them, and also guide them through the application process. The program is sponsored by the RRB’s Office of the Labor Member, and began earlier this year on a pilot basis with seminars held in several locations. Additional seminars, to be held from 8:30 a.m. to 12:30 p.m., have been announced for the following dates and at the following locations:

  • Oct. 3: Moorhead Federal Building, 1000 Liberty Ave., Room 1310, Pittsburgh, PA 15222.
  • Oct. 9: Jerome Hill Theater (1st floor), 180 E. 5th St., St. Paul, MN 55101.
  • Oct. 31: Richard Bolling Federal Building, 601 E. 12th St., Cafeteria Conference Room (ground floor), Kansas City, MO 64106.

Persons wishing to attend are asked to print and complete a registration form, which is available by visiting the RRB’s website at www.rrb.gov, and selecting the Office of the Labor Member’s Educational Materials link in the Spotlight section of the homepage. Seminar space is limited and registration is being accepted on a first-come, first-served basis. Completed forms should be mailed or faxed to the RRB office listed on the form as soon as possible.

Individuals who have not previously submitted documents required when filing a railroad retirement annuity application, such as proofs of age, marriage, or military service, are encouraged to bring this material (original documents or certified copies required) to the seminar. Attendees should also bring along an additional copy of each item to leave with the RRB field personnel leading the seminars.

Those unable to attend the seminars but still seeking pre-retirement information should contact the RRB. Individual retirement counseling is available in person at an agency field office, or by phone by contacting the RRB toll-free at (877) 772-5772.

 

RRB_seal_150pxRetirees, 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.

 

RRB_seal_150pxThe federal Medicare program provides hospital and medical insurance protection for railroad retirement annuitants and their families, just as it does for social security beneficiaries. Medicare has the following parts:

  • Medicare Part A (hospital insurance) helps pay for inpatient care in hospitals and skilled nursing facilities (following a hospital stay), some home health care services, and hospice care. Part A is financed through payroll taxes paid by employees and employers.
  • Medicare Part B (medical insurance) helps pay for medically necessary services like doctors’ services and outpatient care. Part B also helps cover some preventive services. Part B is financed by premiums paid by participants and by Federal general revenue funds.
  • Medicare Part C (Medicare Advantage Plans) is another way to get Medicare benefits. It combines Part A, Part B, and sometimes, Part D (prescription drug) coverage. Medicare Advantage Plans are managed by private insurance companies approved by Medicare.
  • Medicare Part D (Medicare prescription drug coverage) offers voluntary insurance coverage for prescription drugs through Medicare prescription drug plans and other health plan options.

The following questions and answers provide basic information on Medicare eligibility and coverage, as well as other information on the Medicare program.

1. Who is eligible for Medicare?

All railroad retirement beneficiaries age 65 or over and other persons who are directly or potentially eligible for railroad retirement benefits are covered by the program. Although the age requirements for some unreduced railroad retirement benefits have risen just like the social security requirements, beneficiaries are still eligible for Medicare at age 65.

Coverage before age 65 is available for disabled employee annuitants who have been entitled to monthly benefits based on total disability for at least 24 months and have a disability insured status under social security law. There is no 24-month waiting period for those who have ALS (Amyotrophic Lateral Sclerosis), also known as Lou Gehrig’s disease.

If entitled to monthly benefits based on an occupational disability, and the individual has been granted a disability freeze, he or she is eligible for Medicare starting with the 30th month after the freeze date or, if later, the 25th month after he or she became entitled to monthly benefits. If receiving benefits due to occupational disability and the person has not been granted a disability freeze, he or she is generally eligible for Medicare at age 65. (The standards for a disability freeze determination follow social security law and are comparable to the medical criteria a person must meet to be granted a total disability.)

Under certain conditions, spouses, divorced spouses, surviving divorced spouses, widow(er)s, or a dependent parent may be eligible for Medicare hospital insurance based on an employee’s work record when the spouse, etc., turns age 65. Also, disabled widow(er)s under age 65, disabled surviving divorced spouses under age 65, and disabled children may be eligible for Medicare, usually after a 24-month waiting period.

Medicare coverage at any age on the basis of permanent kidney failure requiring hemodialysis or receipt of a kidney transplant is also available to employee annuitants, employees who have not retired but meet certain minimum service requirements, spouses, and dependent children. The Social Security Administration has jurisdiction of Medicare in these cases. Therefore, a social security office should be contacted for information on coverage for kidney disease.

2. How do persons enroll in Medicare?

If a retired employee, or a family member, is receiving a railroad retirement annuity, enrollment for both Medicare Part A and Part B is generally automatic and coverage begins when the person reaches age 65. For beneficiaries who are totally and permanently disabled, both Medicare Part A and Part B start automatically with the 30th month after the beneficiary became disabled or, if later, the 25th month after the beneficiary became entitled to monthly benefits. Even though enrollment is automatic, an individual may decline Part B; this does not prevent him or her from applying for Part B at a later date. However, premiums may be higher if enrollment is delayed. (See question 5 for more information on delayed enrollment.)

If an individual is eligible for, but not receiving an annuity, he or she should contact the nearest Railroad Retirement Board (RRB) office before attaining age 65 and apply for both Part A and Part B. (This does not mean that the individual must retire, if presently working.) The best time to apply is during the 3 months before the month in which the individual reaches age 65. He or she will then have both Part A and Part B protection beginning with the month age 65 is reached. If the individual does not enroll for Part B in the 3 months before attaining age 65, he or she can enroll in the month age 65 is reached, or during the 3 months that follow, but there will be a delay of 1 to 3 months before Part B is effective. Individuals who do not enroll during this “initial enrollment period” may sign up in any “general enrollment period” (Jan. 1 – March 31 each year). Coverage for such individuals begins July 1 of the year of enrollment.

3. Are there costs associated with Medicare Part A (hospital insurance)?

Yes. While individuals don’t have to pay a premium to receive Medicare Part A, recipients of Part A benefits are billed by the hospital for a deductible amount ($1,216 in 2014), as well as any coinsurance amount due and any non-covered services. The remainder of the bill from the hospital, as well as bills for services in skilled nursing facilities or home health visits, is sent to Medicare to pay its share.

4. What are the costs associated with Medicare Part B (medical insurance)?

Anyone eligible for Medicare hospital insurance (Part A) can enroll in Medicare medical insurance (Part B) by paying a monthly premium. The standard premium is $104.90 in 2014. Monthly premiums for some beneficiaries are greater, depending on a beneficiary’s or married couple’s modified adjusted gross income. The income-related Part B premiums for 2014 are $146.90, $209.80, $272.70, or $335.70, depending on the extent to which an individual beneficiary’s modified adjusted gross income exceeds $85,000 ($170,000 for a married couple), with the highest premium rates only paid by beneficiaries whose modified adjusted gross incomes are over $214,000 ($428,000 for a married couple).

There is also an annual deductible ($147 in 2014) for Part B services.

Palmetto GBA, a subsidiary of Blue Cross and Blue Shield, generally processes claims for Part B benefits filed on behalf of railroad retirement beneficiaries in the Original Medicare Plan (the traditional fee-for-service Medicare plan). An individual in the Original Medicare Plan should have his or her hospital, doctor, or other health care provider submit Part B claims directly to:

Palmetto GBA
Railroad Medicare Part B Office
P.O. Box 10066
Augusta, GA 30999-0001

Contact Palmetto GBA at (800) 833-4455 or visit www.palmettogba.com/medicare.

Persons with questions about Part B claims under the Original Medicare Plan can contact Palmetto GBA as notated above.

5. Can Medicare Part B premiums increase for delayed enrollment?

Yes. Premiums for Part B are increased 10 percent for each 12-month period the individual could have been, but was not, enrolled. However, individu
als age 65 or older who wait to enroll in Part B because they have group health plan coverage based on their own or their spouse’s current employment may not have to pay higher premiums because they may be eligible for “special enrollment periods.” The same special enrollment period rules apply to disabled individuals, except that the group health insurance may be based on the current employment of the individual, his or her spouse, or a family member.

Individuals deciding when to enroll in Medicare Part B must consider how this will affect eligibility for health insurance policies which supplement Medicare coverage. These include “Medigap” insurance and prescription drug coverage, and are explained in the answers to questions 6 through 8.

6. What is Medigap insurance?

Many private insurance companies sell insurance, called “Medigap” for short, that helps pay for services not covered by the Original Medicare Plan. Policies may cover deductibles, coinsurance, copayments, health care outside the United States and more. Generally, individuals need Medicare Part A and Part B to enroll, and a monthly premium is charged. When someone first enrolls in Medicare Part B at age 65 or older, he or she has a six-month “Medigap open enrollment period.” During this period, an insurance company cannot deny coverage, place conditions on a policy, or charge more for a policy because of past or present health problems.

7. Do Medicare beneficiaries have choices available for receiving health care services?

Yes. Under the Original Medicare Plan, the fee-for-service Medicare plan that is available nationwide, a beneficiary can see any doctor or provider who accepts Medicare and is accepting new Medicare patients.

However, a beneficiary may opt to choose a Medicare Advantage Plan (Part C) instead. These plans are managed by Medicare-approved private insurance companies. Medicare Advantage Plans combine Medicare Part A and Part B coverage, and are available in most areas of the country. An individual must have Medicare Part A and Part B to join a Medicare Advantage Plan, and must live in the plan’s service area. Medicare Advantage Plan choices include regional preferred provider organizations (PPOs), health maintenance organizations (HMOs), private fee-for-service plans and others. A PPO is a plan under which a beneficiary uses doctors, hospitals, and providers belonging to a network; beneficiaries can use doctors, hospitals, and providers outside the network for an additional cost. Under a Medicare Advantage Plan, a beneficiary may pay lower copayments and receive extra benefits. Most plans also include Medicare prescription drug coverage (Part D).

8. How do Medicare prescription drug plans work?

Medicare contracts with private companies to offer beneficiaries voluntary prescription drug coverage through a variety of options, with different covered prescriptions and different costs. Beneficiaries pay a monthly premium (averaging about $32 in 2014), a yearly deductible (up to $310 in 2014) and part of the cost of prescriptions. Those with limited income and resources may qualify for help in paying some prescription drug costs.

The Affordable Care Act requires some Part D beneficiaries to also pay a monthly adjustment amount, depending on a beneficiary’s or married couple’s modified adjusted gross income. The Part D income-related monthly adjustment amounts in 2014 are $12.10, $31.10, $50.20, or $69.30, depending on the extent to which an individual beneficiary’s modified adjusted gross income exceeds $85,000 ($170,000 for a married couple), with the highest amounts only paid by beneficiaries whose incomes are over $214,000 ($428,000 for a married couple).

To enroll, individuals must have Medicare Part A and live in the prescription drug benefit plan’s service area. Beneficiaries can join during the period that starts 3 months before the month their Medicare coverage starts and ends 3 months after that month. There may be a higher premium if an individual doesn’t join a Medicare drug plan when first eligible. In most cases, there is no automatic enrollment to get a Medicare prescription drug plan. Individuals enrolled in Medicare Advantage Plans will generally get their prescription drug coverage through their plan.

9. Where can I get more information about the Medicare program?

Railroad retirement beneficiaries should contact the RRB toll-free at (877) 772-5772 for general information on their Medicare coverage.

More detailed information on Medicare’s benefits, costs, and health care options is available from the Center for Medicare & Medicaid Services (CMS) publication Medicare & You, which is mailed to Medicare beneficiary households each fall and to new Medicare beneficiaries when they become eligible for coverage. Medicare & You and other publications are also available by visiting Medicare’s website, www.medicare.gov, or by calling the Medicare toll-free number, 1-800-MEDICARE (1-800-633-4227).