[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR229.67]

[Page 487-488]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 229_SOCIAL SECURITY OVERALL MINIMUM GUARANTEE--Table of Contents
 
  Subpart G_Reduction for Worker's Compensation or Disability Benefits 
              Under a Federal, State, or Local Law or Plan
 
Sec.  229.67  Redetermination of reduction.

    (a) General. All cases reduced for worker's compensation or public 
disability benefit are recomputed in the second year after the year the 
reduction was first applied and every third year after that. The 
redetermined rate is effective with January of the year after the year 
the redetermination is made. The redetermined reduction is used only if 
it provides an annuity rate that is higher than the previous annuity 
rate.
    (b) Redetermined average current earnings. The average current 
earnings amount used in redetermining a worker's compensation or public 
disability

[[Page 488]]

benefit reduction is determined by multiplying the initial average 
current earnings amount by:
    (1) The average total wages (including wages that exceed the maximum 
used in computing social security benefits) of all persons for whom 
wages were reported to the Secretary of the Treasury for the year before 
the year or redetermination, divided by the average total wages for 1977 
or, if later, the year before the year the reduction was first computed. 
If the result is not a multiple of $1.00, it is rounded to the next 
lower multiple of $1.00; or
    (2) If the reduction was first computed before 1978, the average 
taxable wages reported to the Secretary of Health and Human Services for 
the first quarter of 1977, divided by the average taxable wages for the 
first quarter of the year before the year the reduction was first 
computed. If the result is not a multiple of $1.00, it is rounded to the 
next lower multiple of $1.00.