RS 01601: SSA and RRB Interrelationship and The RR Act
TN 8 (07-07)
A. Policy
Active MS pay became SS covered wages effective 01/01/1957. Deemed wages of up to $1,200 per year are granted when covered MS wages are reported for periods prior to 2002. However, this MS is not covered employment under the SS Act for any period of MS determined creditable by RRB under the RR Act.
Covered military and deemed wages must be deleted from the ER for either QC or benefit amount purposes if RRB grants credit for MS after 1956. This will only occur when a claim is filed with RRB since otherwise RRB would have no knowledge of the MS. No benefit based on MS wages after 1956 will be deemed erroneous if it was certified for payment by SSA for the month we received RRB’s notice that the MS is creditable under the RR Act or for prior months. Upon receipt of the notice from RRB, SSA will certify no further benefits based on such MS and will notify RRB of any adjustment made in the benefits (because of the deletion of the MS wages for the period creditable under the RR Act) and will specify the first month the reduction or termination is effective.
NOTE: Effective 01/01/2002, deemed wages are eliminated for all military earnings after 2001. Deemed wage credits will continue to be given for appropriate earnings for periods prior to calendar year 2002.
B. Process - RRB RR-17 Notice Of OEO Use Of Post-1956 MS
When RRB determines that a retired or disabled RR employee has completed 120 or more months of RR service or effective 01/01/2002, if less than 120 months of RR service but with at least 60 months of RR service accrued after December 31, 1995 (when an annuity application is filed) and such service includes any creditable MS after 1956, RRB will prepare and send to OEO an RR-17. The RR-17 will specify the period or periods of MS after 1956 creditable under the RR Act.
Section 210 (l) of the Social Security Act states that wages for these periods will be deleted from SSA records and the period excluded for QC or benefit computation purposes. OEO will make necessary adjustments to the earnings record. The FO or PSC will make adjustments to benefit computations.
C. OEO Action upon Receipt of RR-17 from RRB
IF... | THEN... |
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RR-17 Received |
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No Benefits Paid per MBR or Pending Claim per MCS |
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Claim is Pending |
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MBR Shows Wage Earner in Benefit Status |
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D. FO Processing of RR-17 Received from OEO – Pending Claim
IF... | THEN... |
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NH’s claim is pending |
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Claim has been sent to the PSC |
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E. Processing Service Center Action on RR-17 – Post Entitlement Actions
IF... | THEN... |
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Award has not been processed |
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Award has been processed |
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F. RRB Use of MS - Special Claims Consideration
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If the survivor claim involves an allegation of railroad work and an allegation of MS, carefully review the certified record of earnings to verify that usable periods of MS are accurately posted. If MS is not posted or posted incorrectly, follow the appropriate guidelines for earnings record corrections.
NOTE: MS periods used by RRB are not included as railroad compensation when the data is sent to SSA. Review of the SS ER is needed as periods of MS used by RRB may have been deleted from the SS ER but may now be useable by SSA. See RS 01601.450C. MS periods indicated on the remarks section of RRB Forms RR-3T or RR-80 is sufficient proof of the MS period for SSA to use in its benefit computation. In addition, MS indicated on previously forwarded Form RR-17 (that may be available in the PSC paperless system) is also sufficient proof of MS for SSA benefit purposes.
See RS 01404.205-RS 01404.230 for developing and calculating wage information for members of uniformed services and for establishing military wages based on proof of MS.
Follow current instructions for posting the military wages to the SS ER. See GN 01010.100 for special considerations in subsequent claims.
G. Exhibit-RR-17 Notice of Military Service Credited Under RRA
United States of America
Railroad Retirement Board