What is the Railroad Retirement Board?
The U. S. Railroad Retirement Board (RRB) is an independent agency in the
executive branch of the federal government. The primary function of the RRB is
to pay retirement-survivor and unemployment-sickness benefits under the Railroad
Retirement Act (RRA) and the Railroad Unemployment Insurance Act (RUIA) to the
nation's railroad workers and their families. The benefit payments administered
by the RRB are based on earnings credits, called creditable service and
compensation. The service and compensation information is collected from
employer reports.
Within the RRB, the Division of Compensation and Certification (DCC)
maintains lifetime records of creditable service and earnings, secured from
employer reports, for each railroad employee for purposes of determining benefit
payments. The DCC is a division in the Bureau of Research and Employment
Accounts at the RRB.
Employer reports are mandated by law. The RRB's is authorized to require an
employer to submit information by Regulations of the RRB ( 20 CFR 209.2 ) and by
sections 7(b)(6) and 9 of the RRA and sections 6 and 12(1) of the RUIA,
respectively. Both Acts make provision for enforcement of reporting
requirements.
Coverage Status
A sickness payor may be an employer under the RRA, although the reporting
requirements for a sickness payor under the RRA differ from the requirements
imposed upon regular railroad employers. An initial status determination must be
made to determine if sick payments disbursed to railroad employees are
creditable compensation under section 1(h)8 of the Railroad Retirement Act (RRA).
Investigators from the Railroad Retirement Board's (RRB's) Office of Audit and
Compliance obtain the information necessary to determine if the payments are
creditable.
If sickness payments are determined creditable, the DCC arranges to notify
the payor of the determination and to provide reporting instructions and
materials. A four digit identifying number, commonly known as the BA number, is
assigned to the payor for use with all reports and correspondence with the RRB.
The BA number should not be confused with the Internal Revenue Service employer
identification number, (EIN).
A third party which disburses creditable sickness payments is not necessarily
an employer under the RRA It may merely be acting as the regular railroad
employer's agent for the payment of sick pay. See "Other Sickness Payors" in
Chapter 4.
Changes in Coverage Status
Under the law, it is a payor's responsibility to notify the RRB of any
changes which affect its coverage status. The coverage status is then
reconsidered. Send a notice of a possible coverage status change to:
Office of Audit and Compliance
U.S. Railroad Retirement Board
844 North Rush Street
Chicago, IL 60611-2092
Sick Pay Affects Retirement Benefit Payments
It is helpful in completing railroad retirement reports to understand the
relationships between creditable sick pay, employment tax, and benefits under
the RRA. Under the RRA, creditable compensation and retirement-survivor benefits
are all based on a corresponding structure of two separate "layers" known as
tiers. Railroad retirement taxes under the Railroad Retirement Tax Act are also
computed using the tier structure. Consequently, a direct relationship exists
between creditable compensation, the corresponding taxes paid to the Internal
Revenue Service (IRS), and the benefits paid under the RRA. For a sick pay payor,
only the Tier I relationships are important
Tier I is the railroad retirement equivalent of social security. Railroad
retirement and the social security systems are coordinated by law. The Tier I
tax is computed on the same percentage rate and annual maximum tax base as
social security. Like social security tax, Tier I tax is shared equally by
employee and employer.
The Tier I portion of regular railroad retirement annuities is calculated by
using the social security benefit formula. It is based on an employee's lifetime
combined Tier I compensation from sick pay payors and regular railroad employers
together with non-railroad social security credits.
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