Ask Larry

Why Can't I Collect My Social Security And My Late Ex-Husband's Railroad Pension At The Same Time?

Why can't I collect my Social Security & my ex late ex husband Railroad Pension at the same time??
I am 66 yrs & 2months old & will work till I am 70 yrs old.
He has a lot on money in his pension.
Also Why am I not getting his full benefits from his Railroad Pension since I am 66yrs & 2 months & just getting 50% from his Pension?

Hi. My expertise is limited to Social Security (SS) benefits, not Railroad Retirement benefits. Drawing RR benefits doesn't affect your eligibility for SS benefits, nor your benefit amount. When and if you apply for Social Security benefits your benefit rate would be calculated the same regardless of whether or not you're drawing RR benefits.

However, if you file for both RR and SS benefits, the Railroad Retirement Board (RRB) offsets your Tier 1 RR benefits dollar for dollar by the amount of your SS benefit. The reason for that is that the RRB uses a worker's Social Security covered earnings when they calculate Tier 1 RR benefits. Tier 1 RRB benefits are intended as a substitute for SS benefits, not an additional benefit. If a person was able to collect both full SS and full RR benefits simultaneously they'd potentially be collecting double on the same earnings.

You'll need to contact the RRB for an explanation of why you're receiving the rate you're getting. As I mentioned above, if you're receiving SS benefits then any Tier 1 RR benefits for which you'd otherwise qualify would be offset dollar for dollar by your SS benefit. You can, however, be paid any Tier 2 RR benefits for which you're eligible even if you're collecting SS benefits.

Best, Jerry

Posted: 
Jul 1 2021 - 9:35am
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