Ask Larry

Will I Still Be Able To File A Spousal Claim With SS If My Husband Dies?

My husband started drawing RRB (Tier I & Tier II) at age 64, and is intending to file for his delayed Social Security benefit at age 70 in a few years. The increase will be quite substantial. I am drawing Social Security benefits on my own account, however, the RRB pays them to me (sent to them from SS) because as a spouse of a former railroad worker, I am entitled to receiving 1/2 of his Tier II benefits also. So, the RRB is in charge of disbursing my monthly funds. If my husband would die unexpectedly before he turns age 70 and has not filed for his delayed benefit, will I still be able to file a spousal claim with SS for his increased (delayed) benefit for myself? I was born in 1953.
Thank you for your responding!

Hi. Here's how it works. When a worker who is eligible for both Railroad Retirement (RR) and Social Security (SS) benefits dies, then one or the other program assumes jurisdiction for the payment of survivor benefits. Up until the worker dies they can collect benefits from both programs. But, if they do so, their Tier 1 RR benefits are offset dollar for dollar by the amount of their SS benefit.

Which agency has jurisdiction for the payment of survivor benefits is determined by the Railroad Retirement Board (RRB) after the worker's death, and since I'm not an expert on RR benefits I can't tell you what criteria the RRB uses when making that determination. What I can tell you that regardless of which agency ends up having jurisdiction for paying survivor benefits, that agency can use both the worker's RR & SS earnings histories when calculating the survivor benefit rate.

Best, Jerry

Posted: 
Dec 6 2021 - 7:53pm
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