POMS Reference

RS 01702: Administering Military Service (MS) Provisions

TN 16 (11-92)

A. INTRODUCTION

The information furnished on a completed SSA-655-U2 will indicate whether a periodic benefit paid by a Federal agency is based in whole or in part on active military or naval service during the WWII or the post-WWII periods. Gratuitous wage credits cannot be granted for active pre-1957 MS if service during the same period is used to establish eligibility to, or to compute the amount of, a periodic benefit or lump sum in lieu of a periodic benefit. Following is an explanation of the significance of responses to the items in the SSA-655-U2.

B. PROCEDURE

1. No Claim Filed

If item 1(a) is checked to indicate that no claim has been filed, and the agency has returned both copies of the SSA-655-U2 to the FO:

  1. Recontact the claimant to determine when an application will be filed with the Federal agency.

    NOTE: Resubmit the SSA-655-U2 to the Federal agency if the claimant indicates that an application has now been filed.

  2. Ask the claimant to notify SSA when the application is filed.

  3. Wait 15 days after notification by the claimant, and send another SSA-655-U2 to the Federal agency.

  4. Indicate on the form the date the application was filed and the Federal benefit claim number, if known.

  5. Follow RS 01702.225 if the claimant indicates eligibility for a Federal agency annuity but does not intend to file a claim with OPM.

2. Determination Pending

  1. MS Not Needed For Insured Status

    When item 1(b) is checked, make a partial award if immediate payment is due, and forward the claim to the PC if the WE is insured without credit for pre-1957 MS. Indicate that the “SSA-655-U2 dated (   ) is outstanding” on the transmittal form.

    The FO will add stock paragraph RE45 to the award notice and diary the case under evidence code 16, Veterans' Provisions. Diary for 60 days from the date of review. At the end of that time send another SSA-655-U2 if notice of disposition of the claim has not been received. The FO or PC will follow up at 30-day intervals.

    If the SSA-655-U2 indicates that we:

    • can grant wage credits (i.e., periodic benefits based in any part on the veteran's pre-1957 MS are not payable by the Federal agency involved), the FO or PC will prepare an amended award and another notice to the claimant.

    • cannot grant MS wage credits, the claimant must be notified why MS credit cannot be granted.

  2. MS Credits Needed to Establish Insured Status

    Hold the claim in the FO. After 30 days, send another SSA-655-U2 to the agency. Follow up at 30-day intervals. Hold the claim in the FO until receipt of an SSA-655-U2 giving that agency's final determination.

NOTE: If item 2(a), 2(b), or 2(c) is checked, the creditability of active pre-1957 MS for SS purposes may be affected. (Items 3 and 4 of the certification will also be completed by the other agency.)

C. POLICY

1. Eligibility Requirement

A “yes” answer to 3(a) or 3(b) means that active pre-1957 MS was used to establish eligibility to the award, and that service in that period is not creditable for SS purposes. Generally, these items will be answered “yes” if the employee retired from the Civil Service under an immediate retirement for age or service. MS never is used to establish eligibility to disability annuities, or to deferred annuities payable under the CSRA for separations from the Federal Civilian service effective April 1, 1948, and later.

2. Computation of Award

A “yes” answer to either item 4(a) or 4(b) indicates that active service in the period in question was included in the multiple of years used in the computation formula, and it cannot be credited for SS purposes. These items will always be answered affirmatively if the NH is receiving an immediate or deferred annuity under the CSRA.

3. Effective Date of Award

Item 5 information is needed to determine the amount of overpayment (if applicable) of RSI benefits attributable to the removal of gratuitous wage credits.

4. SSA-655-U2 Seems Incomplete or Incorrect

If the SSA-655-U2 is incomplete or discrepant and a determination cannot be made, forward a new SSA-655-U2 to the other agency. Indicate in the “Remarks” the item that was not completed. Make a partial award if the NH is insured without MS. Indicate on the transmittal form what and why further development is being made.