[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: 20CFR212.6]



[Page 209-210]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 212_MILITARY SERVICE--Table of Contents

 

Sec.  212.6  Board's determination for use of military service.



    (a) Military service may be creditable under both the Railroad 

Retirement and Social Security Acts, but there are provisions under 

those Acts to prevent duplicate use of the service. The Railroad 

Retirement Board will determine whether an employee's military service 

should be used as railroad service or as Social Security service. The 

Board's determination is intended to be to the employee's advantage; 

however, if the employee does not agree with the Board's determination 

for use of the employee's military service, the employee may request 

that it be changed.

    (b) Generally, it is to the employee's advantage for the employee's 

military service to be creditable as railroad service where any of the 

following conditions may be met with the use of the employee's military 

service as railroad service:

    (1) It gives the employee 10 years of service (120 months), which is 

the minimum needed to qualify for an annuity based on age and service or 

total disability, as provided for in part 216, subpart B; or

    (2) It gives the employee 20 years of service (240 months), which is 

the minimum needed to qualify for an occupational disability annuity, as 

provided for in Sec.  216.6 of this chapter; or

    (3) It gives the employee 25 years of service (300 months), which is 

the minimum needed to qualify for a supplemental annuity, as provided 

for in part 216, subpart C; or

    (4) It gives the employee 30 years of service (360 months), which 

would allow the employee to retire at age 60 with a full annuity and 

will also provide a full annuity to a qualified spouse at age 60, as 

provided for in part 216, subparts B and D; or

    (5) It gives the employee sufficient railroad service to entitle the 

employee to vested dual benefit payments, as provided for in part 216, 

subpart H.

    (c) In certain cases it may be to the employee's advantage for the 

employee's military service to be credited under the Social Security 

Act. This is generally true under the following conditions:

    (1) Crediting the military service under the Social Security Act 

would entitle the employee and any eligible children to social security 

benefits, since direct benefits are not payable to



[[Page 210]]



children of retired employees under the Railroad Retirement Act; or

    (2) Crediting the military service under the Social Security Act 

would entitle employee to vested dual benefit payments.