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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.
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