U.S. Railroad Retirement Board · Railroad Retirement Board (RRB). It also administers the...

U.S. Railroad Retirement Board www.rrb.gov

U. S. Railroad Retirement Board

MISSION STATEMENT

The Railroad Retirement Board's mission is to

administerretirement/survivor and unemployment/sickness insurance benefit programs for railroad workers and their families under the Railroad Retirement Act and the Railroad

Unemployment Insurance Act. These programs provide income protection during old ageand in the event ofdisability,death or temporary unemployment and sickness. The RailroadRetirement Boardalso administers aspectsofthe Medicareprogram and has administrative responsibilities under the Social Security Act and the Internal Revenue Code.

In carrying out its mission, the Railroad RetirementBoard will pay benefits to the right people, in the rightamounts, in a timely manner, andwill take appropriate actionto safeguard our customers' trust funds. The Railroad Retirement Board will treat every person who comes into contactwith the agencywith courtesy andconcern, andrespond to allinquiries promptly, accurately and clearly.

INTRODUCTION

The Railroad Retirement Act is a Federal law that

provides retirement and disability annuities for qualifiedrailroad employees, spouse annuities for their wives orhusbands, and survivor benefits for the families ofdeceased employees who were insured under the Act.These benefit programs are administered by the U.S.Railroad Retirement Board (RRB). It also administers theRailroad Unemployment Insurance Act, and has administrative responsibilities under the Social Security Act forcertain benefit payments and railroad workers' Medicarecoverage.

This pamphlet describes the retirement and disabilityannuities provided for employees under the RailroadRetirement Act, and the benefits available to their spousesand survivors. Medicare and unemployment-sicknessinsurance payments are described in separate pamphlets.

The information in this pamphlet supersedes earliereditions. If you have any questions about the informationcovered in this pamphlet, or if you want one of the RRB'spamphlets on Medicare or unemployment and sicknessinsurance benefits, contact the RRB toll-free at1-877-772-5772. Agency field office representatives willbe glad to answer your questions and explain your benefitrights. Cities with these offices are listed at the back ofthis pamphlet.

In addition, through automated menus available 24hours a day, you can find the address for the field officeserving your area and listen to special announcementsabout the agency's benefit programs. You can also requesta replacement Medicare card, a letter showing your current

monthly benefit rate, a replacement tax statement for themost recently completed tax year, or a statement of creditable railroad service andcompensation. Information onunemployment-sickness claims is also available.

The services listed above, and others, are also available through "BenefitOnline Services" at the agency'swebsite, www.rrb.gov. Other online services allow usersto get annuity estimates, review their service and compensation history, apply for orclaim unemployment benefits,and claim sickness benefits. In addition, manyof theRRB's publications are available for viewing anddownloading, as is information about benefitrequirements andother topics of interest.

This pamphlet is issuedfor the purpose ofgeneral information. Certain limitations, exceptions,

and special cases are not covered.

CONTENTS

Page

EMPLOYEE AND SPOUSE ANNUITIES 1

Basic Service Requirement 1Age and Service, Disability and Supplemental Annuities . 1Current Connection Requirement 4Spouse Annuities 6Employee and Spouse Annuity Estimates 8Two-tier Annuities and Dual Benefits 8

Employees with Railroad Retirement andSocial Security Benefits 10

Employees with Public, Non-profitor Foreign Pensions 11

Workers' Compensation 12Spouses with Dual Benefits 12

Social Security Benefits 12Public Pensions 13

Employee Annuity 13Minimum Guaranty for Employee and Spouse Annuities . 13Cost-of-living Increases in Employee and Spouse

Retirement Benefits 14

Working After Retirement 15Disability Work Restrictions 18

When Annuities Stop 18

SURVIVOR BENEFITS 20

Types of Survivor Benefits 20Survivor Annuity Estimates 23Survivor Annuity Tiers 24Survivors with Dual Benefits 24

Social Security Benefits 24Public Pensions 25

Employee Annuity 25Cost-of-living Increases in Survivor Annuities 26Work and Earnings Limitations 26When Survivor Payments Stop 27Lump-sum Death Benefits 29

Residual Lump-sum Payment 30

Page

RETIREMENT AND SURVIVOR INFORMATION ... 31

Applying for an Annuity 31Monitoring Retirement and Survivor BenefitPayments .. 35Right ofAppeal 35Garnishment/Property Settlements 35If Requirements for Benefits Are not Met 36Railroad Retirement Taxes 38Dual Tax Payments 39

Dual Railroad Retirement-Social Security Taxes . 39Separation or Severance Payments 40

Federal Income Tax 40Service and Earnings Records 41

Military Service' 42Form BA-6 43

RAILROAD RETIREMENT ANNUITYFORMULA COMPONENTS 44

Employee RetirementAnnuity 44Tier I 44Tier II 49

Amount ofVestedDual Benefit Payment 50Supplemental Annuity Formula 50

Spouse Annuity 51Tier I 51Tier II 54

Dual Annuities 54Survivor Annuity 55

Tier I 55Tier II 57

RRB OFFICES 59

EMPLOYEE AND

SPOUSE ANNUITIES

BASIC SERVICE REQUIREMENT

'he basic requirement for a regular employeeannuity is 120 months (10 years) of creditable

railroad service or 60 months (5 years) of creditable railroad service if such service was performed after 1995.Service months need not be consecutive, and, in somecases, military service may be counted as railroad service.

Credit for a month ofrailroad service is given forevery month in which an employee had some compensatedservice for an employer covered by the RailroadRetirement Act, even if only one day's service is performed in the month. (However, local lodge compensationearned after 1974 is disregarded for any calendarmonth inwhich it is less than $25.) Under certain circumstances,additional months of service may be deemed.

Covered employers include railroads engaged ininterstate commerce and certain of their subsidiaries, railroad associations and national railway labor organizations.

Railroad retirement benefits are based on months of

service and earnings credits. Earnings are creditable up tocertain annual maximums on the amount of compensationsubject to railroad retirement taxes.

AGE AND SERVICE, DISABILITY ANDSUPPLEMENTAL ANNUITIES

An AGE AND SERVICE ANNUITY can be paid to:

• Employees with 30 or moreyears ofcreditableservice. They are eligible for regular annuities based on

T

RAILROAD RETIREMENT AND SURVIVOR BENEFITS

age and service the first full month they are age 60. Earlyretirement reductions are applied if the employee firstbecame eligible for a 60/30 annuity July 1, 1984, or laterand retired at ages 60 or 61 before2002.

• Employees with 10-29 years ofcreditable service,or 5-9 years, ifat least 5 years were after 1995. They areeligible for regular annuities based on age and service thefirst full month they are age 62. Early retirement annuityreductions are applied to annuities awarded before fullretirement age, which ranges from age 65 for those bornbefore 1938 to age 67 for those born in 1960 or later, thesame as under social security. Reduced annuities are stillpayable at age 62 but the maximum reduction will be30 percent ratherthan 20 percentby the year 2022. Thetier II portion of an annuity (as defined on page 10) is notreduced beyond 20 percent if the employeehad any creditable railroad service beforeAugust 12,1983. (See pages45-50 for a detailed explanation of agereductions.)

An annuity based on age cannot be paid until theemployee stops railroad employment, files an applicationand gives up any rights to return to work for a railroademployer.

A DISABILITYANNUITY can be paid for:

• Total disability, at any age, if anemployee is permanently disabled for all regular work and has at least 10years (120 months) of creditable railroad service. Employees with 5-9 years (60-119 months) of creditable railroadservice, if at least 5 years were performed after 1995, mayqualify for tier I only (as defined on page 8) before retirement age on the basis of total disability if they also meetcertain social security earnings requirements. An agereduced tier II amount would be payable at age 62.

Employee and Spouse Annuities

• Occupational disability, at age 60, if an employeehas at least 10 years of railroad service or at any age if theemployee has at least 20 years (240 months) of service,when the employee is permanently disabled for his or herregular railroad occupation. A "current connection" withthe railroad industry is also required for an annuity basedon occupational, rather than total, disability.

A 5-month waiting period beginning with the monthafter the month of the onset of disability is required beforeany disability annuity payments can begin.

An employee can be in compensated service whilefiling a disability annuity application as long as the compensated service is not active service and terminates within90 days from the date of filing. However, in order for asupplemental annuity to be paid by the RRB, or for an eligible spouse to begin receiving annuity payments, a disabled annuitant under full retirement age must relinquishemployment rights.

A SUPPLEMENTAL ANNUITY can be paid at:

• Age 60, if the employee has at least 30 years ofcreditable railroad service.

• Age 65, if the employee has 25-29 years ofrailroad service.

In addition to the service requirements, a "currentconnection" with the railroad industry is required for allsupplemental annuities. An employee must also be receiving a railroad retirement age andservice or disability annuity before a supplemental annuity can be paid. Eligibilityis further limited to employees who had some rail servicebefore October 1981.


CURRENT CONNECTION REQUIREMENT

An employee who worked for a railroad in at least12 months in the 30 months immediately preceding themonth his or her railroad retirement annuity begins willmeet the current connection requirement for a supplemental annuity, occupational disability annuity orthe survivorbenefits described later in this booklet. (If the employeedied before retirement, railroad service in at least 12months in the 30 months before the month of death willmeet the current connection requirement for the purpose ofpaying survivorbenefits.)

If an employee does notqualify on this basis, but has12 months' service in an earlier 30-month period, he orshemay still meet the current connection requirement. Thisalternative generally applies if the employee did nothaveany regular employment outside the railroad industry afterthe end of the last 30-month period whichincluded 12months of railroad service and before the month the annuity begins orthe date of death. Full or part-time work for anonrailroad employer in the intervalbetween the end of thelast 30-month period including 12 months ofrailroad service and the beginning date of an employee's annuity, or themonth of death if earlier, can break a current connection.

Self-employment in anunincorporated business willnot break a current connection; however, self-employmentcan break a current connection if the business is incorporated.

Working for certain U.S. Government agencies-Department ofTransportation, National TransportationSafety Board, SurfaceTransportation Board, NationalMediation Board, Transportation Security Administration,RRB~will notbreak a current connection. State employ-


ment with the Alaska Railroad, as long as that railroadremains an entity of the State ofAlaska, will not break acurrent connection. Also, railroad service in Canada for aCanadian railroad will neither break nor preserve a currentconnection.

A current connection can also be maintained,forpurposes ofsupplemental and survivor annuities, if theemployee completed 25 years of railroad service, wasinvoluntarily terminated without fault from his or her lastjob in the railroad industry, and did not thereafter declinean offer of employment in the same class or craft in therailroad industry, regardless of the distance to the newposition.

A termination of railroad service is considered volun

tary unless there was no choice available to the individualto remain in service. Generally, where an employee has nooption to remain in the service of his or her railroademployer, the termination of the employment is consideredinvoluntary, regardless ofwhether the employee does ordoes not receive a separation allowance. However, eachcase is decided by the RRB on an individual basis. Thisexception to the normal current connection requirementsbecame effective October 1,1981, but only for employeesstill living on that date who left the rail industry on or afterOctober 1, 1975, or who were on leave of absence, on furlough, or absent due to injury on October 1,1975.

Once a current connection is established at the time

the railroadretirement annuity begins, an employee neverloses it no matter what kind of work is performed thereafter.


SPOUSE ANNUITIES

The age requirements for a spouse annuity depend onthe employee's age and date ofretirement and the employee's years of railroad service.

• Ifa retired employeewith 30 years ofservice isage 60, the employee's spouse is also eligible for an annuity the first full month the spouse is age 60. Certain earlyretirement reductions are appliedif the employee firstbecame eligible for a 60/30 annuity July 1, 1984, or laterand retiredat ages 60 or 61 before 2002. If the employeewas awarded a disability annuity, has attained age 60 andhas 30 years of service, the spouse can receive an unreduced annuity the first'full month she orhe is age 60,regardless ofwhether the employee annuity began beforeor after 2002 as long as the spouse's annuitybeginningdate is after 2001.

• Ifa retired employee with less than SO years ofservice is age 62, the employee's spouse is also eligible foran annuity the first full month the spouse is age 62. Earlyretirement reductions are appliedto the spouse annuity ifthe spouse retires prior to her or his full retirement age.Full retirement age for a spouse is gradually rising to age67, just as for an employee, depending on the year ofbirth.Reduced benefits are still payable at age 62, but the maximum reduction will be 35 percent rather than 25 percentby the year 2022. The tier II portion of a spouse annuity(as defined on page 10) is not reduced beyond 25 percentif the employee had any creditablerailroad service beforeAugust 12, 1983.

• A spouse ofan employeereceivingan age andservice annuity (or a spouse ofa disability annuitant whois otherwiseeligiblefor an age andservice annuity) is


eligiblefor a spouseannuity at anyage ifcaringfor theemployees unmarried child, and the child is underage 18or a disabled child of any age who became disabled beforeage 22.

The employee must havebeen married to the spousefor at least 1 year, unless the spouse is the natural parentoftheirchild, the spouse was eligible or potentially eligiblefor a railroad retirement widow(er)'s, parent's or disabledchild's annuity in the month before marrying the employeeor the spouse was previouslymarried to the employee andreceived a spouse annuity. However, entitlement to a surviving divorced spouse, surviving divorced young mother(father), or remarried widow(er) annuity does not waivethe 1-year marriage requirement.

An annuity may also be payable to the divorced wifeor husband of a retired employee if their marriage lastedfor at least 10 consecutive years, both have attained age 62for a full month and the divorced spouse is not currentlymarried. The amount of a divorced spouse's annuity is, ineffect, equal to what social security would pay in the samesituation and therefore less than the amount of the spouseannuity otherwise payable (tier I only). A divorced spousecan receive an annuity even if the employee has not retired,provided they have been divorced for a period of not lessthan 2 years, the employee and former spouse are at leastage 62, and the employee is fully insured under the SocialSecurity Act using combined railroad and social securityearnings. A court-ordered partition payment may be paideven if the employee is not entitled to an annuity providedthat the employee has 10 years of railroad service or 5years after 1995 and both the employee and former spouseare 62.


EMPLOYEE AND SPOUSE ANNUITY ESTIMATES

Railroad employees can get estimates of future annuities for themselves and their spouses by visiting theRRB's website at www.rrb.gov and clicking on "BenefitOnline Services" for directions on establishingan RRBInternet Services account. The estimates are based on the

service and earnings records maintained by the RRB andshow the earliest date the employee can receive a fullannuity and, if applicable, the earliest date he or she canreceive a reduced annuity. Employees who want estimatescan also contact an RRB field office for approximate figures. Each RRB field office can furnish estimates for

employees with at least 10 years of railroad service, or 5years after 1995. It is not possible to provide a preciseamount if the employee is not currently eligible.

The tables on the next page show (1) fiscal year2010 annuity awards to 30-year employees retiring beforefull retirement age and (2) fiscal year 2010 annuity awardsto employees with an average of less than 30 years of service.

TWO-TIER ANNUITIES AND DUAL BENEFITS

Regular railroad retirement annuities are calculatedunder a two-tier formula. The annuity formula components for employees and spouses are described in the section on formulas at the back of this pamphlet.

The first tier is based on railroad retirement credits

and any social security credits an employee has acquired.The amount of the first tier is calculated using social security formulas, but with railroad retirement age and servicerequirements.

(continued onpage 10)


Table 1--Fiscal Year 2010 Annuity Awards to30-Year Employees Retiring Before Full Retirement Age

Averageaward

Average yearsof service

Employee $3,423

Employee and spouse $4,782

36.1

36.1

NOTE.-For employees with at least 25 years of service and a current connection, a supplemental annuity may be payable. The supplemental annuityamount, for awards after 1974, is $23 plus $4 for each year of service over25 years, up to a maximum of $43 for employees with 30 or more years ofservice. Figures in the tables on this page are monthly averages and includesupplemental annuity amounts.

Table 2.-Fiscal Year 2010 Annuity AwardsBased on Service Averaging Less than 30 Years

Employee full retirementage or over

Averageaward

Average yearsof service

$2,228 22.6

Employee full retirement ageor over and spouse $3,218 24.6

Employee under fullretirement age with lessthan 30 years of service $1,508 16.7

Employee under fullretirement age with lessthan 30 years of serviceand spouse $2,050 17.5

Employee retiringbecause of disability $2,511 23.9


The second tier is based on railroad retirement cred

its only, and may be compared to the retirement benefitspaid over and above social security benefits to workers inother industries.

An additional amount may also be payable as partofthe regular annuity if an employee had at least 120 monthsof railroad service and acquired sufficient quarters of coverage for an insured status under the Social Security Actbefore 1975 and also met certain vesting requirements.

Employees with Railroad Retirement and SocialSecurity Benefits

Since 1975, if a retired or disabled railroad retirement annuitant is also awarded social security benefits, theSocial Security Administration determines the amount due,but a combined monthly benefit payment is issued by theRRB.

The tier I portionof an employee annuity is based onhis or her combinedrailroad retirement and social securitycredits, figured under social security formulas, and approximates what social security would pay if railroad workwere covered by that system. It is reduced by the amountof any actual social security benefit paid on the basis of theemployee's nonrailroad employment in orderto prevent aduplication ofbenefits basedon social securitycoveredearnings. The tier I amount is also reduced in the event asocial securitybenefit is payable to the employee on thebasis of another person's earnings. This reduction followsprinciples of social security lawwhich, in effect, limit payment to the higherof any two or more benefits payable toan individual at one time. An annuitant is required toadvise the RRB if any benefits are received directly from

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the Social Security Administration or if those benefitsincrease other than for a cost-of-living increase.

If an employee qualifiedfor dual benefits before1975 and met certain vestingrequirements, he or she canreceive an additional annuity amount, which offsets, inpart, the dual benefit reduction. This additional amount,which reflects the dual benefits payable prior to 1975, iscalled the vested dual benefit payment. The vested dualbenefit cannotbe paid prior to the date the employee couldbegin to receive a social security benefit if he or she wereto file for such a benefit.

Employees who do not qualify for a vested dual benefit may be eligible for a refund of any excess social security taxes they paid (see page 39).

Limitations on vested dual benefits

Vested dual benefit payments are funded by annualappropriations from generalU.S. Treasury revenues, ratherthan the railroad retirement payroll taxes and other revenues that finance about 89 percent of the railroad retirement system's benefit payments.

Payment of these vested dual benefits is dependenton the time and amount of such appropriations. If theappropriation in a fiscal year is for less than the estimatedtotal vested dual benefit payments, individual paymentsmust be reduced.

Employees with Public, Non-profitor Foreign Pensions

For employees first eligible for a railroad retirementannuity and a Federal, State or local government pensionafter 1985, there may be a reduction in the tier I amount

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for receipt of a public pension based, in part or in whole,on employment not covered by social security or railroadretirement after 1956. This may also apply to certain otherpayments not covered by railroad retirement or social security, such as from a non-profit organization or from a foreign government or a foreign employer, but it does notinclude military service pensions, payments by theDepartment ofVeterans Affairs, or certain benefits payableby a foreign government as aresult of a totalization agreement between that government and the United States.

Workers' Compensation

If anemployee is receiving a disability annuity, thetier I portion may, undercertain circumstances, be reducedfor receipt of workers' compensation orpublic disabilitybenefits.

If an annuitant becomes entitled to any pensions orbenefits as described above, the RRB must be notifiedimmediately.

SPOUSES WITH DUAL BENEFITS

Social Security Benefits

The tier I portion of a spouse annuity is reduced forany social security entitlement, regardless of whether thesocial security benefit is based on the spouse's own earnings, the employee's earnings orthe earnings of anotherperson. This reduction follows principles of social securitylaw which, in effect, limit payment to the higher of anytwo or more benefits payable to an individual at one time.

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Public Pensions

The tier I portionof a spouse annuity may also bereduced for receipt of any Federal, State or local government pension separately payable to the spouse based on thespouse's own earnings. The reduction generally does notapply if the employment on which the pension is basedwas covered under the Social Security Act throughout thelast 60 months of public employment.

Most military service pensions and payments fromthe Department ofVeterans Affairs will not cause a reduction. Pensions paid by a foreign government or interstateinstrumentality will also not cause a reduction. Forspouses subject to the public pension reduction, the tier I reduction is equal to 2/3 of the amount of the public pension.

Employee Annuity

If both the husband and wife are qualified railroademployees and either had some railroad service before1975, both can receive separate railroad retirementemployee and spouse annuities, without a full dual benefitreduction.

If both the husband and wife started railroad employment after 1974, the amount of any spouse or divorcedspouse annuity is reduced by the amount of the employeeannuity to which the spouse is also entitled.

MINIMUM GUARANTY FOR EMPLOYEE

AND SPOUSE ANNUITIES

Under a special minimum guaranty provision, railroad families will not receive less in monthly benefits thanthey would have if railroad earnings were covered bysocial security rather than railroadretirement laws. This

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guaranty is intended to cover situations in which one ormore members of a family would otherwise be eligible fora type of social securitybenefit which is not providedunder the Railroad Retirement Act.

For example, social security provides children's benefits when an employee is totally disabled, retired, ordeceased. The Railroad RetirementAct only provides children's benefits if the employee is deceased. Therefore, if aretired rail employee has children who would otherwise beeligible for a benefit undersocial security, the employee'sannuity would be increased to reflectwhat social securitywould pay the family, unless the annuity is already morethan that amount.

COST-OF-LIVING INCREASES IN EMPLOYEEAND SPOUSE RETIREMENT BENEFITS

After retirement, the tier /portions of both employeeand spouse annuities are generally increased for higher living costs at the same time, and by the same percentage, associal security benefits. These increases, effectiveDecember 1 and included in the January payment, are triggered under both programs when the Consumer PriceIndex rises during the 12months ending the previousSeptember 30. Generally, if the Index increases by5 percent, for example, the tier I portion increases by5 percent. Under certain circumstances, the increase canbe based on average national wage increases rather thanprice increases.

If an annuitant is receiving both railroad retirementand social security benefits, the increased tier I portion isreduced by the increased social security benefit.

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The tier II portions of retired employee and spouseannuities are normally increased by 32.5 percent of theincrease in the Consumer Price Index.

Tier II cost-of-living increases are generally payableat the same time as tier I cost-of-living increases. Vesteddual benefit payments and supplemental annuities are notincreased by these cost-of-living adjustments.

WORKING AFTER RETIREMENT

Neither a regular annuity, a supplemental annuity,nor a spouse annuity is payable for any month in which aretired employee, regardless of age,works for an employercovered under the Railroad Retirement Act, including labororganizations. However, service for less than $25 a monthto a local lodge will not prevent payment of the annuity forthat month.

Retired employees and spouses who work for theirlast pre-retirement nonrailroad employer are subject to anearnings deduction. Such employment will reduce tier IIbenefits and supplemental annuity payments, which are nototherwise subject to earnings deductions, by $1 for each $2of earnings received, subject to a maximum reduction of50 percent. These reductions continue after full retirementage. Work that begins on the same day as the annuitybeginning date is not last pre-retirement nonrailroademployment.

Retired employees and spouses who have not yetattained full social security retirement age, which rangesfrom age 65 for those born before 1938 to age 67 for thosebora in 1960 or later, may also be subject to additionalearnings deductions for any earnings, in or outside the railindustry, that exceed certain exempt amounts. The tier I

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and vested dual benefits of these employee and spouseannuities are subject to deductions if earnings exceed theexempt amounts applicable to social security beneficiaries.Prior to the calendar year in which full social securityretirement age is attained, the deduction is $1 in benefitsfor every $2 of annual earnings exceeding an exemptamount ($14,160 in 2011).

If the employee or spouse has a tier I reduction forsocial security benefits, the tier I benefit is not reduced forexcess earnings.

In the first year in which an employee subject tothese earnings deductions is bothentitled to anannuity andhas a non-work month, a full annuity canbe paid for thosemonths in which the employeehad low earnings or did nothave substantial self-employment, no matter what totalearnings for the year were. A non-work month is one inwhich the employee neither earns over 1/12 of the annualexempt amount nor has substantial self-employment. Non-work months canbe claimed in only one calendar year,which need not necessarily be the first yearof entitlement.

In the calendar year in which an individual attainsfull social security retirementage, deductions of $1 aremade in tier I and vested dual benefits for every $3 earnedin excessof anexemptamount ($37,680 in 2011), but onlycounting those earnings in the months priorto the monthfull retirement age is attained. These tier I and vested dualbenefit deductions stop effective with the month full retirement age is attained.

Earnings received for services rendered, plus any netearnings from self-employment, are considered whenassessing deductions for earnings. Interest, dividends, cer-

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tain rental income or income from some stocks, bonds, orother investments are not generally considered earnings forthis purpose.

Annuitants under full retirement age who work afterretirement and expect that their earnings for a year will bemore than the annual exempt amount must promptly notifythe RRB and furnish an estimate of theirexpected earningsin order to prevent an overpayment and penalties. Theyshould also notify the RRB if their original estimatechanges significantly.

Retired employees and spouses who return to workfor a railroad or for their last pre-retirement nonrailroademployer must notify the RRB, regardless of earnings orage.

A spouse benefit is subject to reductions not only forthe spouse's earnings, but also for the earnings of theemployee, regardless ofwhether the earnings are fromservice for the last pre-retirement nonrailroad employer orother post-retirement employment.

A spouse annuity is not payable for any month inwhich the employee's annuity is not payable, or for anymonth in which the spouse, regardless of age, works for anemployer covered under the Railroad Retirement Act. (Adivorced spouse can receive an annuity even if the employee has not retired, provided they have been divorced for aperiod ofnot less than 2 years, the employee and formerspouse are at least age 62, and the employee is fullyinsured under the Social Security Act using combined railroad and social security earnings. A court-ordered partitionpayment may be paid even if the employee is not entitledto an annuity provided that the employee has 10 years of

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