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BenefitsLink > Q&A Columns >

Stop, Look & Listen: Railroad Retirement Benefits Q&A

Answers are provided by Robert S. Kaufman

About the 'Deeming' Provisions Used in Certain Railroad Retirement Benefit Calculations

(Posted June 22, 2003)

Question 273: If Tier 1 is based on Social Security law, what happens in a 60/30 case, because SSA indexing is based on age 62? Is Tier 1 adusted at 62 to compensate for the differences in age requirements?

Answer: An excellent question!

Because Railroad Retirement has full retirement at 60 for career workers, i.e. those with 30 or more years of rail credits, the law provides that the RRB can "deem" those workers to be 62 or 65 for any calculation in which a specific age is needed to establish the computation points. 60/30 filers are "deemed" to be 62 for indexing.

A similar procedure is used for occupational disability applicants who might not be qualified for a "period of disability" under Social Security.

Important notice:

Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner or to readers. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of this and similar situations.

The law in this area changes frequently. Answers are believed to be correct as of the posting dates shown. The completeness or accuracy of a particular answer may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.) that occur after the date on which a particular Q&A is posted.

Copyright 1997-2017 Robert S. Kaufman
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