HOEY & FARINA 
Attorneys At Law

   
Call Us For A Free Consultation: (888) 425-1212  

FELA & Railroad Injuries The Facts The Team Recent Results Union Designations Newsletter Seminars Union Meetings FELA Links Forms Shanty "Don't Get Railroaded" Free Informational Video for Railroaders

Work-Related &
Personal Injuries

Contact Us H&F Map

Hoey & Farina
542 S. Dearborn, Ste. 200
Chicago, Illinois 60605

Toll Free: 1-888-425-1212
Fax: 312-939-7842
Email Us

 

Straight Track #57

Returning To Work While Receiving 
Railroad Retirement Benefits

Hoey & Farina 
info@felahfd.com
1-888-425-1212

After years of hard work or as a result of an injury, you are receiving annuity benefits from the U.S. Railroad Retirement Board.  Perhaps the benefits aren't enough financially?  Perhaps you simply miss being among the workforce?  The fact is - you're considering going back to work.  It may be back in the rail industry - at another railroad or at a labor organization.  It may be somewhere outside the rail industry, to try your hand at something else you've always had an interest in.  Or, it may be to start your own business.  Whatever the circumstances, it's an important decision, one that could effect the benefits you, and your spouse, are receiving.  We'd like to provide you with the following information to help you make a more informed decision and offer you a better understanding of life after retirement on the railroad.

An employee annuity can consist of any or all of the following benefits: Tier I, Tier II or Vested Dual Benefits.  An employee may also be receiving a supplemental annuity.  A spouse annuity can consist of a Tier I and a Tier II benefit.

The first thing you need to consider is how any other earned income effects your annuity payments.  If you decide to work for another railroad or labor organization, your monthly annuity would not be payable during those months.  And, if you earn more than $25 during any month as a local lodge employee, that would make those months non-payable.

If you are receiving an age & services annuity, or a spouse annuity, and you decide to work outside the rail industry, the part of Tier I based on railroad work after 1974 and Social Security Act employment and the Vested Dual Benefit component would be subject to limitations.  Specifically, if you earn more than the exempt amounts, your benefits are subject to the deductions charted below. 

Age

Annual Exempt Wage Earnings

$ Earned Over Exempt Wages

$ Deducted

Between 1-01-XX  Retirement Age and The Month You Attain Full Retirement

$25,000

$3.00

$1.00

Under Full Retirement Age

$10,680

$2.00

$1.00

Thus, no matter where you work, inside or outside the rail industry, keep in mind:

1.) There is a Special One Year Rule if you retire under full retirement age.  During the your first year of retirement, if in any of the remaining months of that year you earn less than $890 a month, even though your earnings for that year might have exceeded the limit, you will receive a full annuity for those months.

2.) Total earnings consist of all wages from all employers, including net earning from self-employment.

3.) Income, from sources such as from stocks, rental properties, interest, etc., is usually not considered wages.

4.) Expected earnings over the annual exempt amount must be reported to the Railroad Retirement Board promptly to prevent overpayment and penalties.

5.) Your work for your last pre-retirement non-railroad employer, must also be reported promptly to the Railroad Retirement Board.

6.) On Tier I, the dollar amount of your benefit will never be less than what you would have received for your railroad service through December 31, 1974.

7.) Once you attain full retirement age (currently age 65), no deductions will be made to your Tier I or Vested Dual Benefit Components.  However, deductions may continue to apply to Tier II and Supplemental Annuities.

So now that you're aware of how returning to work would directly effect your payments, let's discuss how it would directly affect your spouse's.  Whatever earnings you have over the annual exempt amount will also subject your spouse's benefits to a deduction.   Further, during months that you are not eligible to receive any payments, your spouse will also not be eligible to receive any payments.  And, if your spouse works for their last pre-retirement non-railroad employer, that, too, must be reported in a timely manner to the Railroad Retirement Board.

With regards to you or your spouse's working for your last pre-retirement non-railroad employer, that would subject Tier II benefits and Supplemental Annuity payments to have an additional earnings deduction attributed to them.  (Normally Tier II benefits and Supplemental Annuity payments are not subject to deductions.)  The deductions will never be by more than 50%, but does apply to earnings that may not have exceeded the Tier I exempt earnings limit.

We've discussed retirement annuities above, but what if yours is a disability annuity?  Basically, the significant difference, and the most important to remember, is that there are earning restrictions, up until the age of full retirement (even if you had 30 years of service), that could affect your payments.  For example, if you earn more than $400 (after the deduction of any impairment related work expenses) during any months, you will not receive payments for those months.  At the end of the year, if you earned less than the $5,000 maximum, the non-payments will be paid to you.  If you earned more than $4,800, beginning with the last $200 counting as $400, for each $400 earned, one month's payment will be deducted.  It's important to remember while receiving a disability annuity that you must report your earnings promptly to the RRB.  Failing to report earnings over $400 a month, to the RRB within 2 months, could lead to stiff penalties.   And one last thing to keep in mind when working on disability, working to full age of retirement, or earning more than $5,000 yearly, could give the RRB the perhaps wrong impression that you have "medically recovered" from your disability and stop your payments.  It could be reinstated after proving you are in fact still disabled.   As for your Tier I benefits while receiving a disability annuity, they will be taxed in the same manner as a Social Security benefit.  Your amount of monthly benefits will not be negatively affected.

Aside from reaching "medical recovery" while receiving a disability annuity, your annuity payments will stop upon your death.  Your spouse's annuity payments will stop when your annuity payments stop, except if your spouse's annuity benefit was for caring for a child.  Under those circumstances, the spouse's annuity payments would end when the child reached the age of 18.  A divorce will also stop your spouse's annuity payments, although your former spouse could attempt to qualify for a divorced spouse's annuity that would continue until remarriage or receipt of Social Security Benefits.

Whether you already are or are about to retire or go onto disability, the more knowledge you have to protect yourself financially, the better off you will be.  We hope you found this information helpful.  If, however, you have any other questions regarding RRB annuity payments and working, please contact us for assistance at either (888) 425-1212 or info@felahfd.com.


[top]



Union Approved
FELA Lawyers

Hoey & Farina


James L. Farina


J. Dillon Hoey
1941-2003

 
The information provided in our Web site should not be construed as legal advice or be considered as a lawyer-client relationship.
Please consult one of our attorneys at (888) 425-1212 for free and confidential advice regarding your circumstances.
 
© Hoey & Farina 2000-2004
542 South Dearborn - Suite 200, Chicago, Illinois 60605