[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR226.61]

[Page 444]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 226_COMPUTING EMPLOYEE, SPOUSE, AND DIVORCED SPOUSE ANNUITIES
--Table of Contents
 
       Subpart E_Years of Service and Average Monthly Compensation
 
Sec. 226.61  Use of military service.

    (a) Claim for use of military service. An employee is deemed to have 
filed a claim for the use of military service and earnings as service 
and compensation under the Railroad Retirement Act if--
    (1) The employee indicates on the annuity application or another 
signed statement that he or she has military service;
    (2) The employee does not specifically request that the military 
service be credited as wages under the Social Security Act;
    (3) The military service is creditable under the Railroad Retirement 
Act, as shown in part 212 of this chapter; and
    (4) Using the military service as railroad service and compensation 
would be to the employee's advantage (the employee and his or her family 
would receive higher total benefits than if the military service were 
credited under the Social Security Act).
    (b) Effective date for use of military service. Military service can 
be used as service and compensation under the Railroad Retirement Act 
starting with the date the annuity begins but no earlier than twelve 
months before the employee files an application or statement showing 
that he or she has military service.