Am I eligible for survivor benefits after my wife's railroad retirement?

Full question:

I retired and applied for social security. I was told that because my wife once worked for the railroad that I would receive railroad benefits instead of social security. She passed away at age 62. She worked ten years for the Railroad . She filed for Railroad Retirement but never got to collect her benefits. Railroad Retirement transferred me into social security and told me I wasn't eligible to receive anymore benefits from them. It has been five years. Shouldn't I be eligible to receive survivor benefits and why did they transfer me into social security ?

Answer:

Surviving spouses or children can receive monthly benefits if the railroad employee was "insured" under the Railroad Retirement Act. An employee is considered insured if they had at least ten years of railroad service or five years after 1995, along with a "current connection" to the railroad industry at the time of retirement or death.

To meet the current connection requirement, an employee must have worked for the railroad for at least twelve months in the thirty months before their retirement or death. If the employee dies before retirement, the same requirement applies for survivor benefits. If they do not qualify based on these criteria, but had twelve months of service in an earlier thirty-month period, they may still meet the current connection requirement, unless they had regular employment outside the railroad industry during that time.

If the deceased employee did not have insured status, the jurisdiction for survivor benefits transfers to the Social Security Administration (SSA), which then pays the survivor benefits instead of the Railroad Retirement Board (RRB). Regardless of which agency pays, the deceased employee's railroad retirement and social security credits are combined for benefit calculations.

The tier I amount of a two-tier survivor benefit is based on the combined railroad retirement and social security earnings credits and is calculated using social security formulas. Generally, the tier I amount equals the survivor benefits that would have been payable under social security.

Additionally, the tier I portion of a survivor annuity may be reduced if the survivor is also entitled to social security benefits or certain government pensions based on their own earnings. If you believe you are eligible for survivor benefits, you should contact the RRB or SSA for further assistance.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

When a railroad employee passes away, their spouse may be eligible for survivor benefits under the Railroad Retirement Act. To qualify, the deceased must have been 'insured' by having the required years of railroad service. If the deceased did not meet these criteria, the case may transfer to the Social Security Administration for survivor benefits. The benefits are calculated based on combined railroad and Social Security earnings credits.