Railroad Retirement Board
Disability Earnings Limit
Increased
August 2007
Retirees,
and those planning retirement, should be aware of the railroad retirement laws
governing benefit payments to annuitants who work after retirement.
The following questions and answers describe these
railroad retirement work restrictions and earnings limitations on
post-retirement employment, and how these rules can affect retirees engaging in
self-employment.
1.
What are the basic railroad retirement work
restrictions and earnings limitations that apply to post-retirement work?
Neither a regular railroad
retirement annuity (whether based on age and service or on disability) nor a
supplemental annuity is payable for any month in which a retired employee,
regardless of age, works for an employer covered under the Railroad Retirement Act,
including labor organizations. This is true even if only one day’s
service is performed during the month and includes local lodge compensation
totaling $25 or more for any calendar month.
A spouse annuity is not payable for any month in
which the employee’s annuity is not payable, or for any month in which the
spouse, regardless of age, works for an employer covered under the Railroad
Retirement Act. (Effective August 17, 2007 , a divorced spouse can
receive an annuity even if the employee has not retired, provided they have
been divorced for at least 2 years, the employee and spouse are at least age
62, and the employee is fully insured under the Social Security Act using
combined railroad and social security earnings.) A survivor annuity is
not payable for any month the survivor works for an employer covered under the
Railroad Retirement Act, regardless of the survivor’s age.
Also, like social security
benefits, railroad retirement tier I benefits and vested dual benefits paid to
employees and spouses, and tier I, tier II and vested dual benefits paid to
survivors are subject to deductions if an annuitant’s earnings exceed certain
exempt amounts.
These earnings deductions do not apply to those who
have attained full social security retirement age. Full retirement age
for employees and spouses ranges from age 65 for those born before 1938 to age
67 for those born in 1960 or later. Full retirement age for survivor
annuitants ranges from age 65 for those born before 1940 to age 67 for those
born in 1962 or later. Deductions for all annuitants, however, remain in
effect for the months before the month of full retirement age during the
calendar year of attainment. (The attainment of full retirement age does
not mean an annuitant can return to work for an employer covered under the Railroad Retirement Act.
As explained above, no annuity is payable for any month in which the annuitant
works for a railroad employer, regardless of the annuitant’s age).
2.
What are the current exempt earnings amounts
for those annuitants subject to earnings limitations?
For those under full retirement age throughout 2007,
the exempt earnings amount is $12,960. For beneficiaries attaining full
retirement age in 2007, the exempt earnings amount is $34,440 for the months
before the month full retirement age is attained.
For those under full retirement
age throughout the year, the earnings deduction is $1 in benefits for every $2
of earnings over the exempt amount. For those attaining full retirement
age in 2007, the deduction is $1 for every $3 of earnings over the exempt
amount in the months before the month full retirement age is attained.
Earnings received for services
rendered, plus any net earnings from self-employment, are considered when
assessing deductions for earnings. Interest, dividends, certain rental
income or income from stocks, bonds, or other investments are not considered
earnings for this purpose.
Additional deductions are
assessed for retired employees and spouses who work for their last
pre-retirement non-railroad employer and special restrictions apply to
disability annuitants.
3.
What are the additional deductions applied to
the annuities of retired employees and spouses working for their last
pre-retirement non-railroad employer?
Such employment will reduce tier II benefits and
supplemental annuity payments, which are not otherwise subject to earnings
deductions, by $1 for each $2 of compensation received subject to a maximum
reduction of 50 percent. The deductions in the tier II benefits and
supplemental annuities of individuals who work for pre-retirement non-railroad
employers apply even if earnings do not exceed the tier I exempt earnings
limits. Also, while tier I and vested dual benefit earnings deductions
stop when an annuitant attains full retirement age, these tier II and
supplemental annuity deductions continue to apply after the attainment of full
retirement age.
4.
Can a retired employee’s earnings also reduce
a spouse’s benefit?
A spouse benefit is subject to reductions not only
for the spouse’s earnings, but also for the earnings of the employee,
regardless of whether the earnings are from service for the last pre-retirement
non-railroad employer or other post-retirement employment.
5.
What are the special earnings restrictions
applied to disability annuitants?
A disability annuity is not payable for any month in
2007 in which the annuitant earns more than $700 in any employment or net
self-employment, exclusive of disability-related work expenses. If a
disabled annuitant’s earnings in a year (after deduction of disability-related
work expenses) exceed the annual limit, the annuity is not payable for the
number of months derived by dividing the amount by which those earnings exceed
the annual limit by the amount of the monthly limit. Any resulting
fraction of a month equal to or greater than one-half (0.5) is rounded up,
increasing the number of months in which the annuity is not payable by
one. For example, a disability annuitant earns $9,500 in 2007, which is
$1,100 over the 2007 annual limit of $8,400. Dividing $1,100 by $700
yields 1.57. As .57 is more than one-half, the annuitant would lose 2
months of benefits.
These disability work restrictions cease upon a disabled
employee annuitant’s attainment of full retirement age. This transition
is effective no earlier than full retirement age even if the annuitant had 30
years of service. Earnings deductions continue to apply to those working
for their last pre-retirement non-railroad employer.
If a disabled annuitant works before full retirement
age, this may also raise a question about the possibility of that individual’s
recovery from disability, regardless of the amount of earnings.
Consequently any earnings must be reported promptly to avoid overpayments,
which are recoverable by the RRB and may also include penalties.
6.
After becoming entitled to a railroad
retirement annuity, a retired employee is thinking of becoming a self-employed
contractor or consultant, and might be providing services for a railroad or
last pre-retirement non-railroad employer. How would this affect his or
her railroad retirement annuity?
It depends on whether or not the Railroad Retirement Board (RRB)
considers the employee to be truly engaging in self-employed contracting or
consulting, or whether the RRB considers him or her to be functioning as an
employee, and if so, who the RRB considers to be the actual employer for
railroad retirement purposes.
If a retiree is considered to be
functioning as a self-employed contractor or consultant, his or her annuity is
subject to tier I and vested dual benefit earnings deductions for net
self-employment earnings.
However, if a retiree is
considered to be functioning as an employee of a railroad or railroad labor
organization, rather than as a self-employed contractor or consultant, the
retiree’s annuity would be subject to suspension. If the retiree is
considered the employee of a non-railroad employer, the retiree’s annuity would
be subject to earnings deductions for non-railroad wages, and to additional
deductions if he or she is considered to be working for a last non-railroad
pre-retirement employer.
RRB determinations on contracting or consulting
services take into account multiple factors which could be evaluated
differently depending on the circumstances of the individual situation.
Since no single rule covers every case, anyone requiring a determination as to
whether contractor or consultant service is valid self-employment should
contact the RRB for a determination well in advance of making a commitment so
as to be sure of the effect on benefit payments.
7.
How can individuals get more information about
these railroad retirement work restrictions and earnings limitations?
They should contact the nearest
field office of the RRB for information or refer to the RRB’s Web site at www.rrb.gov.
Persons can find the address and phone number of the RRB
office serving their area by calling the automated toll-free RRB Help Line at 1-800-808-0772, or from the
agency’s Web site. Most RRB offices are open to the public from
Public Affairs 312-751-4777
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