[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 463]

 

                      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.