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WASHINGTON — A former John McCain aide, Ann Begeman, has been confirmed by the Senate as the one Republican on the three-member U.S. Surface Transportation Board.

Two other presidential nominees — Walt Barrows to become the labor member on the Railroad Retirement Board, succeeding Butch Speakman; and Republican Thomas Beck to the National Mediation Board, succeeding Elizabeth Doutherty — are awaiting hearings before the Senate Labor Committee. If the committee recommends confirmation, the nominations will move to the Senate floor for a vote.

Begeman succeeds Republican Chip Notthingham, who departed the STB following expiration of his term. Begeman’s term expires in December 2015. She joins Democratic Chairman Dan Elliott and Democrat Frank Mulvey.

Most recently, Begeman was Republican staff director for the Senate Commerce Committee, which recommended her nomination. From 2004-2009, Begeman was McCain’s legislative director and served as a McCain spokesperson during McCain’s unsuccessful run for the White House against President Obama. Earlier, she was a legislative aide to Sen. Larry Pressler (R-S.D.), who made an unsuccessful run in 1980 for the White House.

Begeman earned a degree in business from the University of South Dakota.

The three-person STB has regulatory authority over railroad mergers and labor protection for rail employees adversely affected by mergers, line sales and leases, and line abandonments. The STB also regulates railroad freight rates and freight-railroad dispatching of intercity Amtrak passenger trains.

An opinion article recently published by the Financial Times and Fox News, written by conservative financial columnist Liz Peek, takes a nasty and incorrect swipe at Railroad Retirement, saying Railroad Retirement should be eliminated and folded into Social Security.

The argument begins with a major falsehood — that Railroad Retirement is costing the American taxpayer.

In fact, Railroad Retirement costs the American taxpayer not a single penny.

Not only are all Railroad Retirement benefits paid from payroll taxes of railroads and their workers, but so is the overhead operation of the Railroad Retirement Board.

Scrapping Railroad Retirement and folding it into Social Security wouldn’t save the federal government or the American taxpayer a single penny. But shutting it down would ravage the retirement security of some 600,000 current railroad retirees and their families, as well as future railroad retirees and their families.

The truth is:

  • The Railroad Retirement Tier I benefit is roughly equivalent to Social Security benefits.

Railroads and their employees each pay the same 6.2 percent payroll tax as employers and employees covered by Social Security. In what is strictly an accounting transfer, Railroad Retirement payroll taxes are transferred by the Railroad Retirement Board to the Social Security Administration, and then Social Security returns the equivalent Social Security benefits due railroad retirees to the Railroad Retirement Board. It is strictly an accounting transfer.

Although Tier I does provide benefits beyond what is paid by Social Security — such as early retirement and occupational disability — those additional Tier I benefits are paid entirely out of the Railroad Retirement Trust Fund — maintained entirely by railroads and their employees through payroll taxes.

  • The Railroad Retirement Tier II benefit, which is equivalent to a defined benefit private pension, is fully funded by additional payroll taxes paid solely by railroads and their employees — 3.9 percent by employees and 12.1 percent by railroads.
  • If the Railroad Retirement Trust Fund faces a shortfall, railroads are on the hook for higher payroll taxes — not the American taxpayer. That’s the law.

Railroad Retirement was created before there was Social Security, and has remained separate from Social Security, but is funded fully by railroads and their employees.

Although Congress sets the payroll tax rates and benefit levels, it does so in collaboration with railroads and rail labor — and not a penny of general tax revenue has been or is used for Railroad Retirement.

The unwarranted, unsubstantiated and unjust attack on Railroad Retirement by right-wing extremists is as phony as claiming that elimination of public-employee collective bargaining rights will solve state financial problems.

The mean-spirited attack on Railroad Retirement is part of a more broad effort to weaken and destroy organized labor.

Walt Barrows, secretary-treasurer of the Brotherhood of Railroad Signalmen since 1999, has been nominated by President Obama to fill the labor chair on the three-member Railroad Retirement Board, succeeding Butch Speakman, who is retiring.

The nomination requires Senate confirmation.

Barrows began his railroad career as a signalman with Norfolk & Western Railway (now part of Norfolk Southern) in 1974.

Since 2004, Barrows has been the labor trustee of the National Railroad Retirement Investment Trust, a position earlier held by former UTU General Secretary and Treasurer Dan Johnson.

The Railroad Retirement Board reports it has adjusted benefits — effective with February benefits checks — for more than 140,000 beneficiaries to reflect new federal income tax withholding rates.

The new rates comply with provisions of the congressionally passed Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010.

The new rates apply to withholding from the non-Social Security equivalent portion of Tier I, Tier II, vested dual benefits, and supplemental annuity payments, and will remain in use for the remainder of 2011.

The Railroad Retirement Board says that in the absence of a request not to withhold federal income tax or to withhold the tax at specific amounts, the board will withhold taxes only if the combined portions of the non-Social Security equivalent portion of Tier I, Tier II, vested dual benefit, and supplemental annuity payments are equal to or greater than an annual threshold amount.

In that case, the RRB withholds taxes as if the annuitant were married and claiming three allowances.

The annual threshold amount for 2011 is $1,587.99. The threshold amount for 2010 was $2,063.51.

Annuitants can use form RRB W-4P (Withholding Certificate for Railroad Retirement Payments) to request:

  • No federal taxes be withheld from their Railroad Retirement payments
  • Federal taxes be withheld based on the marital status and the number of allowances they wish to claim
  • An additional amount be withheld from Railroad Retirement payments

Form RRB W-4P may be downloaded at www.rrb.gov by clicking on “Benefit Forms and Publications,” and then clicking on “Income Tax.”

Annuitants who have questions regarding their tax liability should contact the nearest office of the IRS or visit www.irs.gov.

Rail workers may now file biweekly claims for railroad sickness benefits directly online with the Railroad Retirement Board.

The agency said rail workers may now access this online service at www.rrb.gov by clicking on “Benefit Online Services.”

The RRB implemented a similar system for unemployment benefits in 2004.

First-time users must request a password request code (PRC), which they will receive by regular mail within 10 days. Those who have already established online accounts do not need to do so again.

Railroad employees who miss work due to illness or injury will still have to file a paper form that serves as their initial application for sickness benefits. Once the application is received, they will continue to receive paper-based claim forms, generally for specific 2-week periods, by regular mail.

However, they now have the option of filing the claims online in order to expedite processing and payment.

The Railroad Retirement Board has confirmed for rail workers what the Social Security Administration already has told Social Security recipients: There will be no increase in benefits in 2011.

The reason is there was no increase in the Consumer Price Index (CPI) from the third quarter of 2009 to the corresponding period of the current year.

Additionally, and because the CPI did not rise, Railroad Retirement and Social Security beneficiaries will not see an increase in 2011 in the earnings limitation that triggers benefits cuts if they continue working while receiving benefits.

For those under full retirement age throughout 2011, the exempt earnings amount remains at $14,160. For beneficiaries attaining full retirement age in 2011, the exempt earnings amount, for the months before the month full retirement age is attained, remains at $37,680 in 2011.

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.

Special work restrictions continue to be applicable to disability annuitants. In 2011, the monthly disability earnings limit will also stay at the previous year’s amount of $780.

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.

The Department of Health and Human Services has not yet announced if there will be Medicare premium changes for 2011. Information about Medicare changes for 2011, when available, may be found at www.medicare.gov.

The Railroad Retirement Board’s policy is that every annuitant has the right to manage his or her own benefits. However, when physical or mental impairments make a railroad retirement annuitant incapable of properly handling benefit payments, or where the Railroad Retirement Board (RRB) determines that the interests of the annuitant so require, the RRB can appoint a representative payee to act on the annuitant’s behalf. A representative payee may be either a person or an organization selected by the RRB to receive benefits on behalf of an annuitant.

The following questions and answers provide information for family members, or others, who may have to act on behalf of an annuitant.

1. Does the RRB have legal authority to appoint a representative payee for an annuitant?

The Railroad Retirement Act gives the RRB authority to determine whether direct payment of benefits, or payment to a representative payee, will best serve an annuitant’s interest. The RRB can appoint a representative payee regardless of whether there has been a legal finding of incompetence or commitment and, depending on the circumstances in a particular case, the RRB can select someone other than the individual’s legal representative to be the representative payee.

2. What if a person has been given power of attorney by a beneficiary?

Power of attorney is a legal process where one person grants another the authority to transact certain business on his or her behalf; but the RRB, like the Social Security Administration, does not recognize power of attorney for purposes of managing benefit payments for a beneficiary. For this purpose, the RRB uses the position of representative payee.

3. Why doesn’t the RRB recognize power of attorney?

The Railroad Retirement Act protects a person’s right to receive benefits directly and to use them as he or she sees fit by prohibiting the assignment of benefits. Power of attorney creates an assignment-like situation that is contrary to the protections given by this law. The Act likewise gives the RRB exclusive jurisdiction in determining whether to appoint a representative payee for an annuitant. If the RRB recognized power of attorney, it would be deferring to a designation made by someone outside of the agency and would, in effect, be abdicating its responsibility to the annuitant.

Also, events often occur which may affect an annuitant’s eligibility for benefits. The responsibility for reporting these events to the RRB is placed, by law, directly on the annuitant or the annuitant’s representative payee. When benefits are accepted, the annuitant or his or her payee attests to a continued eligibility for such benefits. And if payments are misused, they can be recouped from the payee. This is not true with power of attorney.

4. How are these representative payees selected?

Generally, the RRB’s local field offices determine the need for a representative payee and interview potential payees. The field office also advises the payee of his or her duties, monitors the payee, investigates any allegations of misuse of funds, and changes the method of payment, or the payee, when appropriate.

The RRB provides 15 days’ advance notice to an annuitant of its intent to appoint a representative payee, and the name of the payee, in order to allow the annuitant a period of time in which to contest the appointment.

5. What are the primary duties and responsibilities of a representative payee?

The payee must give first consideration to the annuitant’s day-to-day needs. This includes paying for food, shelter, clothing, medical care and miscellaneous personal needs. Beyond day-to-day needs, railroad retirement benefits may be used for other expenses.

The payee is also responsible for reporting events to the RRB that affect the individual’s annuity, and is required to account for the funds received on behalf of the annuitant.

In addition, since railroad retirement benefits are subject to Federal income tax, a representative payee is responsible for delivering the benefit information statements issued each year by the RRB to the person handling the annuitant’s tax matters.

Periodically, the payee will be asked to complete a report which includes questions regarding how much of the railroad retirement benefits available during the year were used for the support of the beneficiary, how much of the benefits were saved, and how the savings were invested. In order to complete the questionnaire correctly, a payee must keep current records of the railroad retirement benefits received and how the benefits were used. The records should be retained for four years.

6. What are a representative payee’s primary responsibilities for an annuitant’s Medicare coverage?

When an annuitant requires covered medical services, the payee must have the annuitant’s Medicare card available. The payee must also keep records of the services received and the expenses incurred or paid, just as for any other usage of railroad retirement benefits.

7. What if an annuitant is confined to an institution?

When annuitants are in a nursing home, hospital or other institution, their railroad retirement benefit payments should be used to meet the charges for their current maintenance. Current maintenance includes the usual charges the institution makes for providing care and services.

The payee should use the benefit payments to aid in the annuitant’s possible recovery or release from the institution, or to improve his or her living conditions while confined. Payments may be used to provide such items as clothing, personal grooming supplies, transportation of relatives to visit the patient, trial visits to relatives, medical and dental care, and reading materials and hobby supplies.

8. How should railroad retirement benefits not immediately required to meet an annuitant’s needs be handled?

Benefit payments which will not be needed in the near future must be saved or invested unless they are needed for the support of the annuitant’s legally dependent spouse or child, or to pay creditors under certain circumstances. It is recommended that conserved funds be held in interest-bearing accounts. Preferred investments are Federally-insured or state-insured accounts at financial institutions and obligations of, or those backed by, the Federal Government, such as U.S. Savings Bonds.

Funds should not be kept in the home, where they may be lost or stolen, nor can they be mingled with the payee’s own funds or other funds.

9. How can a person get more information about being appointed as a representative payee, or whether the use of railroad retirement benefits for a particular purpose would be proper?

More information is available by visiting the agency’s web site, www.rrb.gov, or by calling an RRB office toll-free at (877) 772-5772. Persons can find the address of the RRB office servicing their area by calling the RRB’s toll-free number or at www.rrb.gov.

(The preceding release was issued by the Railroad Retirement Board on September 8, 2010.)

The Railroad Retirement Board (RRB) is required by law to submit annual 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 2010 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 September 30, 2009, 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 $24.6 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 $47.6 million at the end of fiscal year 2009.

2. What was the conclusion of the 2010 report on the financial condition of the railroad retirement system?

The conclusion was that, barring a sudden, unanticipated, large drop in railroad employment or substantial investment losses, the railroad retirement system will experience no cash-flow problems during the next 23 years. The long-term stability of the system, however, is not assured. Under the current financing structure, actual levels of railroad employment and investment return over the coming years will determine whether additional corrective action is necessary.

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

The valuation projected the various components of income and outgo of the railroad retirement system under three employment assumptions, intended to provide an optimistic, intermediate and pessimistic outlook, respectively, for the 25 calendar years 2010-2034. 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, intermediate and pessimistic employment assumptions, the valuation indicated no cash-flow problems occur throughout the 25-year projection period under the optimistic and intermediate assumptions. Cash-flow problems do occur under the pessimistic assumption but not until 2033, 23 years from now.

4. How do the results of the 2010 report compare with those of the 2009 report?

The projected combined account balances are higher through calendar year 2025 under each employment assumption than in last year’s report. Under the optimistic and intermediate employment assumptions, the account balances are lower at the end of the current projection period due to lower taxes in some earlier years.

The favorable comparison with last year was largely due to actual investment return of approximately 24.3 percent exceeding the expected investment return of 7.5 percent in calendar year 2009, and to a lesser extent due to a lower estimated cost-of-living adjustment for 2011 in this year’s report. This was offset by lower projected employment and a lower estimated wage increase for 2009 in this year’s report.

5. Did the 2010 report on 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. The absence of projected cash-flow problems for at least 23 years under each employment assumption indicated that an immediate increase in the tax rate schedule is not required.

6. What were the findings of the 2010 report on the financial condition of the railroad unemployment insurance system?

The RRB’s 2010 railroad unemployment insurance financial report was also generally favorable. Even as maximum benefit rates increase 39 percent (from $64 to $89) from 2009 to 2020, experience-based contribution rates are expected to keep the unemployment insurance system solvent, except for short-term cash-flow problems in 2010 and 2011 under all assumptions. However, projections show a quick repayment of any loans even under the most pessimistic assumption.

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. The report predicted that, even under the most pessimistic assumption, the average employer contribution rate remains well below the maximum throughout the projection period.

The report also predicted that the 1.5 percent surcharge in effect in calendar year 2010 will be followed by either a 2.5 percent surcharge under an optimistic assumption or a 3.5 percent surcharge under the intermediate or pessimistic assumptions for calendar year 2011. Under all assumptions, a 2.5 percent surcharge is predicted for calendar year 2012. A surcharge of 1.5 percent for calendar year 2013 is likely only under the pessimistic assumption.

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 report on the retirement system. Projections were made for various components of income and outgo under each of three employment assumptions, but for the 11 fiscal years 2010-2020, rather than a 25-year period.

8. Did the 2010 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.

(The preceding release was issued by the Railroad Retirement Board on August 17, 2010.)

Paper checks may be a thing of the past for U.S. Railroad Retirement Board (RRB) beneficiaries who still receive them, under a recent initiative announced by the Department of the Treasury, according to the Railroad Retirement Board.

One part of the Treasury initiative would eliminate the vast majority of paper checks for federal benefit payments over the next 3 years. New recipients of federal benefits would receive such payments by electronic means starting March 1, 2011. Individuals already on the benefit rolls as of that date could continue to receive paper checks until March 1, 2013.

The most common form of electronic payment for Railroad Retirement, Social Security and veterans benefits is through Direct Deposit, in which the amount is automatically transferred to an individual’s bank account. The RRB currently pays approximately 90 percent of its benefits by Direct Deposit, which is greater than the government-wide average of about 85 percent.

However, a significant number of beneficiaries who receive paper checks do not have bank accounts. As a result, the new initiative will use Treasury’s Direct Express debit card to pay these individuals. The amount of the government benefits will be loaded onto the card, which can then be used like an ordinary debit card.

Currently, individuals applying for federal benefits can obtain a waiver from electronic payment by certifying that they do not have a bank account or that it would otherwise impose a hardship. Under the Treasury proposal, agencies would still be able to grant waivers, but in very limited cases. Examples include payment to individuals living in foreign countries, certain disaster or military situations, and non-recurring, one-time payments.

While it only costs 10.5 cents to issue an electronic payment, it costs the government $1.03 to issue a paper check. By shifting the 136 million federal benefit checks issued in a year to electronic payment, the government will save about $125 million in processing costs and more than 2 million pounds of paper.

In addition to cost considerations, electronic payment has the added benefit of providing a faster, more secure means of payment. Electronic payments are credited to the recipient’s account the day the payment is due, and there is no opportunity for the payment to be lost in the mail, stolen or forged. The debit cards, which currently carry a MasterCard logo, also allow the holder to avoid paying fees for check-cashing services. The primary benefit of these cards is that recipients will be able to use them to purchase goods and services at the point of sale or obtain cash through a nationwide network of automated teller machines.

Treasury published proposed regulations to implement this initiative in the Federal Register on June 17, 2010, with comments accepted until August 16, 2010. Additional information on the initiative is also available on Treasury’s web site, www.godirect.gov.

The maximum daily benefit rate payable for claims under the Railroad Unemployment Insurance Act increases to $66 from $64 in the new benefit year, which begins July 1, reports the Railroad Retirement Board.

Benefits are normally paid for the number of days of unemployment or sickness over four in 14-day registration periods, so maximum benefits for biweekly claims will total $660.

During the first 14-day claim period in a benefit year, benefits are payable for each day of unemployment or sickness in excess of seven, rather than four, which, in effect, provides a one-week waiting period.

Initial sickness claims must also begin with four consecutive days of sickness. However, only one waiting period is required during any period of continuing unemployment or sickness, even if that period continues into a subsequent benefit year. Claimants already on the rolls will, therefore, normally not be required to serve another waiting period because of the onset of the new benefit year.

To qualify for normal railroad unemployment or sickness benefits in the benefit year beginning July 1, an employee must have had railroad earnings of at least $3,325 in calendar year 2009, not counting more than $1,330 for any month. Those who were first employed in the rail industry in 2009 must also have at least five months of creditable railroad service in 2009.

Under certain conditions, employees who do not qualify in the new benefit year on the basis of their 2009 earnings may still be able to receive benefits after June 30, 2010. Employees who received normal benefits in the benefit year ending June 30, might still be eligible for extended benefits, and ten-year employees may be eligible for accelerated benefits if they have rail earnings of at least $3,325 in 2010, not counting earnings of more than $1,330 a month.

Application forms for unemployment and sickness benefits may be obtained from railroad employers, railroad labor organizations, any Railroad Retirement Board office, or the agency’s web site at www.rrb.gov .

Also, as an alternative to applying for unemployment benefits through the mail, unemployment claimants can instead file applications online. Likewise, subsequent biweekly claims for unemployment benefits may be filed online rather than through the mail.

Employees can also access information about their individual railroad unemployment insurance account statements online. These account statements provide a summary of the unemployment and sickness benefits paid under the Railroad Unemployment Insurance Act to rail employees.

To access these online services, employees must first establish an RRB Internet Services account.

For security purposes, first-time users must apply for a Password Request Code, which they will receive by mail in about 10 business days.

To do this, employees should click on “Benefit Online Services” and select “request a PRC.” Once employees establish their online accounts, they will be able to file their applications and biweekly claims for unemployment benefits as well as conduct other business with the RRB over the Internet.

Employees are encouraged to initiate an online account while still employed so the account is established if they ever need to use these or other select RRB Internet services.

Employees who have already established online accounts do not need to do so again. Although claimants cannot currently file applications or biweekly claims for railroad sickness benefits over the Internet, the RRB is planning to add the online filing of sickness claims in the future.

Claimants with questions about unemployment or sickness benefits should contact an RRB office by calling toll free at 1-877-772-5772.

Claimants can also find the address of the RRB office servicing 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.