[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: 20CFR210.5]



[Page 202-203]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 210_CREDITABLE RAILROAD SERVICE--Table of Contents

 

Sec.  210.5  Creditability of service.



    (a) Service before January 1, 1937. (1) Service performed before 

January 1, 1937, is called prior service. Prior service is creditable 

under the Railroad Retirement Act if the employee had an employment 

relation with a railroad employer on August 29, 1935. Prior service may 

be combined with creditable service performed after December 31, 1936, 

to make the employee's total years of service equal, but not exceed, 30 

years (360 months).

    (2) An employee is considered to have an employment relation on 

August 29, 1935, if:

    (i) The employee was on that date in active railroad service for an 

employer; or

    (ii) The employee was on that date on a leave of absence expressly 

granted by the employer or the employer's authorized representative, but 

only if such leave of absence was established to the satisfaction of the 

Board before July 1947; or

    (iii) The employee had 6 months of active railroad service for an 

employer during the period August 29, 1935, through December 31, 1945; 

or

    (iv) The employee was not in the service of an employer by reason of 

a mental or physical disability from which the employee was continuously 

disabled until the employee attained age 65 or until August 1945; or

    (v) Solely for the reason stated in paragraph (a)(2)(iv) of this 

section the employee was not recalled to active service before August 

1945; or

    (vi) If the employee was recalled, the employee was unable to 

perform 6 months of service during the period August 29, 1935, through 

December 31, 1945, solely for the reason stated in paragraph (a)(2)(iv) 

of this section.

    (b) Service after December 31, 1936. All service performed after 

December 31, 1936, is creditable. If an employee has service both before 

January 1, 1937, and after December 31, 1936, all service after December 

31, 1936, is credited first; if this service totals less than 30 years 

(360 months), then the service before January 1, 1937, is included but 

only up to the amount sufficient to make the total years of service 

equal 30. Where the years of service include only part of the service 

performed before January 1, 1937, the part included is taken in reverse 

order beginning with the last calendar month of the service.

    (c) Service after December 31, 1936, to a local lodge or division. 

Services performed for a local lodge or division of a railway labor 

organization is creditable if the employee is credited with compensation 

as defined in Sec.  211.2 of this chapter.

    (d) Service based on time lost. Any month or any part of a month 

during which an employee performed no active service but received pay 

for time lost as an employee is counted as a month of service. Service 

for time lost as an employee shall be credited as provided for in Sec.  

211.3 of this chapter.

    (e) Place of performance of service. (1) Service performed for an 

employer who



[[Page 203]]



conducts the principal part of its business with the United States is 

creditable. However, service performed for an employer who conducts the 

principal part of its business outside the United States is creditable 

only when the service is performed in the United States. If an employer, 

other than a local lodge or division or a general committee of a railway 

labor organization, does not conduct the principal part of its business 

within the United States, the service performed outside the United 

States for that employer is not creditable.

    (2) Service performed outside the United States by an employee who 

is not a citizen or resident of the United States is not creditable if 

the employer is required under the laws of that place to hire, in whole 

or in part, only citizens or residents of that place.

    (f) Service as employee representative. Service performed as an 

employee representative is creditable in the same manner and to the same 

extent as service performed for an employer.

    (g) Service performed after the beginning date of an annuity. 

Service performed after the beginning date of an annuity shall be used 

in the annuity recomputation.



[49 FR 46731, Nov. 28, 1984, as amended at 53 FR 17184, May 16, 1988]