BenefitsLink > Q&A Columns >
Answers are provided by Robert S. Kaufman
Using Military Service Under Two Federal Retirement Programs
(Posted January 15, 2004)
Question 364: I am in the New York National Guard and also work on the railroad. Soon I will have the needed time and age requirements to qualify for both pensions, but now I am told that one pension will be deducted from the other, resulting in the same amount that I would have received if I were not in the military. How do I change this?
Answer: First of all, there is a difference between how Railroad Retirement and the National Guard credit military service for retirement purposes.
Railroad Retirement will only credit months of service with the National Guard when the guard unit is activated into Federal service by the President. There is no offset in Railroad Retirement benefits for any benefits received from the Department of Veterans' Affairs or from the individual branch of service for that same period of military service.
Any reduction therefore must come from the agency paying military retirement benefits. You should therefore direct your questions to that entity (the New York National Guard).
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