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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Widow with Teacher's Pension and Public Pension Offset

(Posted September 15, 2004)

Question 517: What can the widow, age 62, of a deceased rail worker expect to receive if she has a state pension of her own (a teacher's pension)? She will retire from a job under Social Security she has had for the last year before her retirement.

Answer: It appears she will not be subject to the "Public Pension Offset" provision. This is because she is retiring from a job covered by Social Security which she has held for more than 6 months.

She should ask the Railroad Retirement Board to confirm this. The law was amended earlier this year to eliminate loopholes that permitted some public school teachers in Texas to avoid the Public Pension Offset by working their last day in a position covered by Social Security.

Assuming the offset provision doesn't apply, she would receive the normal Tier 1 and Tier 2 benefits from RRB as a widow.

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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