How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118192
Experience:  20+ Years of Employment Law Experience
10285032
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I worked 37 years and 10 years in business

Customer Question

I worked 37 years for railroad and 10 years in business covered by social security. my husband, who died iin dec. 2014, worked in business covered by soc. sec. railroad retirement board advises me:
ss admin. advised rr retirement board to adjust my ss benefit to monthly rate
of $1,509.00.
rr retirement board advises ...... "we must reduce the tier 1 component of your annuity, which is based on your monthly rr service and ss credits, by the new benefit rate.
benefits will now be paid as follows:
Tier 1 tier 2 Total rr rate
$962.00 $1,007.37 $1969.37
Is that correct ? I have 60 days to appeal from June 1st. if not correct, can you advise someone to help me?
Sally XXXXXX
XXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXX
e-mail XXXXXXXXXXXXXXXXXXXXX
Pho. XXX XXX XXXX
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You have 60 days to appeal from the date of the notice you received. You appeal by filing the form HA-1 (see: http://www.rrb.gov/pdf/ha1.pdf).
I am sorry to tell you though that reduction in Tier 1 benefits is based on our Congress thinking you are getting being a "windfall." Under the law, the tier I portion of a railroad retirement annuity is based on both the railroad retirement and social security credits acquired by an employee and figured under social security formulas and approximates what social security would pay if railroad work were covered by social security. Tier I benefits are, therefore, reduced by the amount of any actual social security benefit paid on the basis of nonrailroad employment, in order to prevent what Congress calls a duplication of benefits based on social security-covered earnings.
Thus, it is entirely possible the reduction will be upheld I am afraid if they have properly calculated any SS benefits you are receiving.