RS 01602: Processing Claims with Railroad Involvement
TN 12 (01-14)
A. Railroad Retirement Board (RRB) determines jurisdiction for survivor claims
Only one agency, either SSA or the RRB, can adjudicate a survivor claim, regardless of SSA insured status or RRB vested status. Only the RRB has the authority under the Railroad Retirement Act (RRA) to make the jurisdiction determination. For additional information on jurisdiction determination, see RS 01601.300. RRB must determine jurisdiction in all survivor claims when the deceased NH worked for the railroad. The Informational/Certified Earnings Record (ICER) or Disability, Railroad, Aliens, and Military Service (DRAMS) file may contain RRB’s jurisdiction determination.
B. FO action for a survivor claim with railroad (RR) earnings involved
This chart provides instructions for processing a survivor claim with RR earnings.
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WHEN… |
THEN… |
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Survivor claim received. |
Secure a jurisdiction determination by:
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Subsequent survivor claim received no more than four months after prior survivor entitlement. |
Do not request another jurisdiction determination. The previous jurisdiction determination applies. |
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SSA has jurisdiction based on the RRB determination. |
Process under normal procedures. NOTE: SSA jurisdiction cases can still involve RR certification. |
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RRB has jurisdiction. |
Transfer the claim to the RRB:
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C. Notifying a survivor or proper applicant that the RRB has jurisdiction
This chart provides notification instructions when RRB has jurisdiction.
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WHEN… |
THEN… |
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FO will not take an award or disallowance action because the RRB has jurisdiction. |
Notify the survivor or proper applicant of claim transfer to RRB. For notice language, see NL 00703.319. |
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Survivor or proper applicant insists on a formal determination |
Follow GN 03102.175 to process a reconsideration determination on the issue that SSA does not have a claim as the RRB has jurisdiction. |
D. Handling pending survivor claim material when RRB has jurisdiction
1. Survivor not eligible for a Social Security (SS) auxiliary (life) benefit or retirement insurance benefit (RIB) on another record
This chart provides instructions for disposing of claim material when the RRB has jurisdiction.
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WHEN… |
THEN… |
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FO has a survivor application or evidence of probative value but the survivor is not eligible for any SS life benefit or RIB on another record. |
Print a copy of the application. Print the hardcopy of the Earnings Computation (EC) determination for the Earnings Comp Print (DAPR) screen to include in the claims package as a record of SSA’s certified earnings. MANCLR the claim. Send the package to the RRB Railroad Retirement Board844 North Rush Street Chicago, IL 60611 |
2. Survivor eligible for auxiliary (life) benefit or RIB on another record
This chart provides instruction for processing when a survivor applicant also has SSA eligibility on another record.
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WHEN… |
THEN… |
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Survivor also files for a life benefit (auxiliary or RIB) |
Obtain auxiliary or RIB application, if appropriate. Develop claim. Process life benefit application. Determine if RR Cert applies. NOTE: If child entitlement also exists on another SSN, consider combined family maximum. |
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A widow(er) age 62-full retirement age (FRA) is eligible, but does not wish to file for a reduced spouse’s benefit on another record. |
Secure statement of this fact and include in the electronic file. Include a copy of the statement in the claims material sent to the RRB Forward claims material to RRB as provided in RS 01602.200D.1. in this section. |