Special Guaranty in Employee and Spouse Annuities

For Use With
Forms G-319

SPECIAL GUARANTY
IN EMPLOYEE AND SPOUSE
ANNUITIES

United States of America
Railroad Retirement Board
Visit our Web site at www.rrb.gov

Form G-179 (03-09)

OVERVIEW
Background
This booklet is directed to employee annuitants and contains important information
regarding a possible increase in your railroad retirement annuity under the Special Guaranty
provision of the Railroad Retirement Act (RRA). This guaranty assures you that the total
monthly benefits payable to you and your family will be at least the amount you would have
received if your railroad service had been covered by the Social Security Act (SS Act).
Why This Is Important
This booklet contains information that is important to you not only before you file your statement(s) but also after you have filed your statement(s). Therefore, we suggest that you read
this booklet and keep it handy for future reference.

TABLE OF CONTENTS
Page

Part I – How The Special Guaranty Affects Your Annuity
Part I explains the requirements for the Special Guaranty computation.
What The Special Guaranty Provision Means
Special Guaranty Based On Disability
Special Guaranty Based On Age
When The Increase Can Begin Based On Disability Freeze
When The Increase Can Begin Based On Age
How The Special Guaranty Increase Is Paid
When The Special Guaranty Increase Is No Longer Payable

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Part II – Who Can Be Included In The Family Group
Part II contains the requirements for including your spouse or children in the family group
for the Special Guaranty computation.
Spouse Marriage Requirement
Spouse Entitled Based On Child-in-Care
Spouse Age Requirement
Spouse Election Cases
Eligible Children
Definition Of Unmarried Child
Disabled Children
Full-Time Students

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Continued on next page

OVERVIEW, Continued
Page

Part III – Applying For Your Special Guaranty Increase
Part III explains the forms needed to apply for the Special Guaranty increase.
Form To Include Spouse And/Or Children
Additional Form For Disabled Children
Additional Form For Students
Notice Of Railroad Retirement Board Decision

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Part IV – Items That Affect Your Special Guaranty Increase
Part IV explains other benefits and other items that can affect your Special Guaranty
increase:
Reductions Under The Social Security Act Formula
Age Reductions
Social Security Benefits Or Other Railroad Retirement Benefits
Spouse Public Service Pension
Earnings Of Disability Annuitants
Definition Of Earnings
Annual Earnings Exempt Amount
Monthly Earnings Exempt Amount
Non-Work Month
Reduction For Earnings
Garnishment For Alimony Or Child Support
Imprisonment Or Confinement Due To A Conviction For A Criminal Offense

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Part V – Reporting Events To The RRB
Part V lists the events that you must report to the RRB, as they can affect your annuity
increase. It explains how to report these events.
Work Performed By You Or Another Family Member
Social Security Benefits
Student Change In School Attendance
Other Events To Report For Your Spouse
Other Events To Report For Your Children
How To Report An Event
Office Hours

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Part I - How The Special Guaranty
Affects Your Annuity
What The Special Guaranty Provision
Means
The Special Guaranty provision of the Railroad
Retirement Act (RRA) states that the total
monthly benefits payable (including any vested
dual benefits but excluding any supplemental
annuity) to you and your family will not be less
than the monthly amount which would be
payable under the Social Security Act (SS Act)
if railroad service after 1936 were credited as
"employment" under the SS Act.
The Special Guaranty rate is referred to as an
"increase" because the employee must be entitled to an RR Act employee annuity and the
Special Guaranty rate must exceed the regular
RRA formula rate to apply. There are two basic
types of Special Guaranty computations - one
type for disability annuitants with a disability
freeze and one type based on the employee's age
and railroad service.
Special Guaranty Based On Disability
You may be entitled to the Special Guaranty
computation at any age if you are eligible for a
disability freeze under SS Act rules. It means
that:
1. you are considered totally and permanently disabled for all employment;
2. the disability is expected to last at least
12 months; and,
3. you have the required Quarters of
Coverage under SS Act rules.
The disability freeze is determined based on the
medical evidence submitted for you and based
on your earnings record. All of your earnings
from railroad and social security-covered
employment are used as if they were earnings
under the SS Act.

Special Guaranty Based On Age
You may be entitled to the Special Guaranty
computation based on age if you have attained
age 62 for a full month and you have an SS Act
Insured Status. See booklet RB-1, Employee
Age and Service Annuities, for an explanation of
SS Act Insured Status.
When The Increase Can Begin Based On
Disability Freeze
The RRA limits the times when your annuity
can be tested for the Special Guaranty increase.
1. You Have a Disability Freeze - The
Special Guaranty increase can begin the
later of:
G
G

your annuity beginning date or,
if a disability waiting period is
required, the first full month after
the five-month disability waiting
period. (The waiting period begins
with the date of your disability
onset and extends five full calendar
months. If you had a disability
freeze in the past which terminated
based on recovery from disability, a
new waiting period may not be
required.)

2. You Do Not Have a Disability Freeze - The
Special Guaranty increase would be
based on your age as explained in the
next section.
When The Increase Can Begin Based On
Age
The increase can begin the later of:
1. your annuity beginning date;
2. the first full month you are age 62; or,
3. the first full month your spouse, who was
married to you on your employee annuity
beginning date, is age 62 and meets the
other spouse eligibility requirements.

The disability freeze is further explained in
booklet RB-1D, Employee Disability Benefits.
Your Special Guaranty benefit based on disability is not reduced for age.

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How The Special Guaranty Is Paid
If both you and your spouse are entitled to
RRA annuities, the Special Guaranty increase
is divided between the employee and spouse
annuities. You receive 2/3 of the family total
(excluding any divorced spouse) as your
monthly annuity rate. Your spouse receives
1/3 of the family total (excluding any divorced
spouse) as the spouse monthly annuity rate.
If you are not married, or your spouse does not
meet the requirements for an RRA spouse annuity, the total family rate (excluding a divorced
spouse) is paid to you as your annuity rate.
An RRA divorced spouse annuity is not
increased under the Special Guaranty.
When The Special Guaranty Increase Is No
Longer Payable
Effective the month the regular RRA annuity
computation exceeds the Special Guaranty
rate, in other than work deduction cases, the
Special Guaranty rate will no longer be
payable. This could occur:
1. when family members become entitled to
other benefits (see Part IV) or
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due to terminating events for family
members (see Part V).

Part II - Who Can Be Included In
The Family Group
Spouse Marriage Requirement
Your spouse can be included in the Special
Guaranty computation if your spouse meets one
of the following marriage requirements. Your
spouse:
1. has been married to the you for at least
one year immediately prior to filing for
the Special Guaranty increase;
2. is the natural parent of your child;
3. was eligible for a widow(er)'s, parent's, or
disabled child's annuity under the
Railroad Retirement Act (RRA) in the
month before the month of marriage to
you; or,
4. was entitled or potentially entitled to
widow(er)'s, parent's, or childhood disability benefits under the Social Security
Act in the month before the month of
marriage to you.
Spouse Entitled Based On Child-in-Care
If your spouse has your "child-in-care" who is
under age 16 or who became totally and permanently disabled before attaining age 22, your
spouse can be included in the Special Guaranty
computation at any age.
A child is in your spouse's care if your spouse
exercises parental control over, and is responsible for, the welfare and care of the child. A
child who is permanently disabled, but mentally competent, is considered to be "in care" if
your spouse performs personal services. The
Railroad Retirement Board (RRB) will make
the final determination regarding the personal
services performed and whether or not they
constitute the child being in your spouse's care.
Spouse Age Requirement
If your spouse does not have your child-in-care,
your spouse must be age 62 for a full month to be
included in the Special Guaranty based on age.

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Spouse Election Cases
Refer to booklet RB-30, Spouse/Divorced
Spouse Annuity, to determine the employee age
requirement to qualify a spouse for an RRA
spouse annuity. Your spouse can elect to be
included in the Special Guaranty computation
by accepting an age reduction if:
1. you are an employee disability annuitant
who has not attained the age requirement
to qualify a spouse for an RRA spouse
annuity and
2. your spouse is at least age 62, but less
than Full Retirement Age.
This spouse age reduction will continue to
apply even after your spouse becomes entitled
to an RRA spouse annuity. If this provision
could apply to your family, request further
information from your nearest RRB field office.
Eligible Children
The term "children" means your dependent and
unmarried: natural children, adopted children,
stepchildren, or, under certain conditions, your
grandchildren whose parents are deceased or
disabled. Children may be included in the
Special Guaranty computation if they are:
1. under age 18;
2. age 18 or older and qualify as disabled
children; or,
3. age 18-19 and qualify as full-time students.
Definition Of Unmarried Child
The minor children, disabled children, or students must be unmarried to be included in the
Special Guaranty computation. They are
unmarried if:

again be eligible to be included in the Special
Guaranty computation.
If disabled children marry after being included
in the Special Guaranty computation, their entitlement will usually end. However, disabled
children age 18 or over can marry any social
security beneficiary, other than a minor child or
full-time student, without loss of benefits.
Disabled Children
Children can be included in the Special Guaranty
at age 18, or older, if they have a permanent
disability that began before they attained age 22
that makes them unable to perform any type of
regular employment.
The RRB will require medical evidence of their
disability when these children attain age 18.
Full-Time Students
Children can be included in the Special
Guaranty as full-time students if they are age 18
through age 19 and in full-time school attendance
in elementary or secondary school. Children are
in full-time school attendance if they are participating in a course of study lasting at least
13 weeks for at least 20 hours per week. These
courses may be at educational institutions or
by home schooling approved by the states in
which the students live.
Student benefits are explained in more detail in booklet G-316, Railroad Retirement Benefits for Students
Age 18-19 in Elementary or Secondary School.

1. they have never been married or
2. they were married before the Special
Guaranty computation became payable
and that marriage ended by death,
divorce, or annulment.
If minor children or students marry after being
included in the Special Guaranty computation,
their entitlement will end. They will never

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Part III - Applying For Your Special
Guaranty Increase
Form To Include Spouse And/Or Children
Form G-319, Statement Regarding Family and
Earnings for Special Guaranty Computation, is
to be completed by both you and your spouse to
provide information about children, earnings,
receipt of social security benefits, and spouse
entitlement to a public service pension. This
information is needed to determine if your
spouse and/or any children can be included in
the Special Guaranty computation of your
annuity.
Additional Form For Disabled Children
If your family group includes a disabled child
age 18 or older, you are also required to complete
Form AA-19A, Application for Determination of
Child's Disability. Booklet RB-19A, Child
Disability Benefits, explains this form and also
provides information about Medicare coverage
for a disabled child.
Additional Form For Students
If your family group includes a student age 18-19
in elementary or secondary school, you are also
required to complete Form G-320, Student
Questionnaire for Special Guaranty Computation.
A separate Form G-320 is required for each
student.
As explained in Booklet G-316 Railroad
Retirement Benefits For Students Age 18-19 in
Elementary or Secondary School, Form G-320 is
needed to obtain verification of the school attendance for children age 18-19. The Form G-320 is
needed when the child is either age 18-19 at initial
entitlement or is a minor child included in the
Special Guaranty computation who attains age 18
and qualifies as a full-time student.
Notice Of Railroad Retirement Board
Decision
After receiving your completed statement(s),
the Railroad Retirement Board (RRB) will
decide if you can be paid a Special Guaranty
increase in your annuity. If you cannot be paid
an increase, the RRB will send you a letter

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explaining why. If your annuity can be
increased, you will receive a letter that shows
the amount of your new monthly payment.
Sometimes the RRB will not be able to make a
decision on your claim without additional information. If so, you will be contacted by an RRB
representative and asked to send us the forms,
proofs, or statements that are needed.
Unless you receive a request for additional
information, you will be notified of our decision
in about three months. If you do not hear from
us in five months, please get in touch with the
nearest district office of the RRB so that we can
find out what is causing the delay.

Part IV - Items That Affect Your
Special Guaranty Increase
Reductions Under The Social Security Act
Formula
The Special Guaranty computation is reduced
under the regular Social Security Act (SS Act)
formula for other benefits and earnings. Any
reduction to an employee or spouse Tier 1 benefit would also apply to their Special Guaranty
computation.
Age Reductions
The term Full Retirement Age (FRA), for entitlement based on age, means the age at which
you and your spouse can receive a full Special
Guaranty benefit (not reduced for early retirement). Since the Special Guaranty is an SS Act
calculation, the deeming provisions for 60/30
annuities under the Railroad Retirement Act
will not apply to this calculation.
If you were born:
Before 1-2-1938
1-2-1938 thru 1-1-1939
1-2-1939 thru 1-1-1940
1-2-1940 thru 1-1-1941
1-2-1941 thru 1-1-1942
1-2-1942 thru 1-1-1943
1-2-1943 thru 1-1-1955
1-2-1955 thru 1-1-1956
1-2-1956 thru 1-1-1957
1-2-1957 thru 1-1-1958
1-2-1958 thru 1-1-1959
1-2-1959 thru 1-1-1960
1-2-1960 and later

then your FRA is:
65
65 and 2 months
65 and 4 months
65 and 6 months
65 and 8 months
65 and 10 months
66
66 and 2 months
66 and 4 months
66 and 6 months
66 and 8 months
66 and 10 months
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If you are not entitled based on disability, your
employee Special Guaranty benefit will be
reduced by 1/180 for each of the first 36 months
you are under FRA and 1/240 for each additional month you are under FRA when the
Special Guaranty begins.
If your spouse is not entitled based on a childin-care (See Part II), the spouse Special

Guaranty benefit is reduced by 1/144 for each of
the first 36 months your spouse is under FRA
and 1/240 for each additional month your
spouse is under FRA when the Special
Guaranty begins.
Social Security Benefits Or Other Railroad
Retirement Benefits
Social security benefits that are payable on
your earnings record are deducted from any
increase that would have been payable.
Similarly, any social security benefits or other
railroad retirement benefits that any family
members included in the Special Guaranty
computation receive on their own or someone
else's earnings record, are deducted from their
share of any increase payable. In most
instances, the receipt of social security benefits
or other railroad retirement benefits prevents
any Special Guaranty increase from being paid.
Spouse Public Service Pension
Public service pensions (PSP) are retirement
benefits spouses receive from any local, state or
federal governmental agency, other than SSA
and the RRB. These benefits may be paid as
either monthly payments or a lump-sum payment. Two-thirds of the amount of this PSP
may be deducted from the amount of the spouse
increase, preventing the Special Guaranty rate
from being paid.
Refer to booklet RB-30, Spouse/Divorced
Spouse Annuity, for a more detailed explanation of the PSP reduction. Ask the nearest RRB
field office if the PSP reduction would apply to
your spouse.
Earnings Of Disability Annuitants
If you are under full retirement age and you are
receiving a disability annuity, refer to booklet
RB-1D, Employee Disability Benefits, for an
explanation of the effect of earnings on a disability benefit.
When disabled children work in any kind of
employment, their earnings may affect payment
of your Special Guaranty increase. The RRB will

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determine whether or not the work is
Substantial Gainful Employment. This is
explained in booklet RB-19A, Child's Disability
Benefits. These earnings are to be included on
the Form AA-19A, Application for Determination
of Child Disability.

However, if the family member works outside
the United States for more than 45 hours in a
month, and does not pay United States social
security taxes, you will lose part of your Special
Guaranty increase regardless of the amount of
money earned.

Definition Of Earnings
When you figure the amount of the annual
earnings for each family member, count all
earnings from both employment and selfemployment for the entire year.

Monthly Earnings Exempt Amount
Family members are entitled to a Monthly
Earnings Exempt Amount, which is 1/12 of their
Annual Earnings Exempt Amount. The Monthly
Earnings Exempt Amount basically applies only
in the first year in which the family member is
included in the computation of the Special
Guaranty increase and has a non-work month.

Earnings from employment include all wages,
salaries, vacation pay, some kinds of sick pay,
commissions, bonuses, fees, tips, and retroactive wage increases. The cash value of any
goods or services (such as meals or living quarters) furnished for services performed are also
counted as earnings from employment. If the
spouse or child is employed by a railroad,
include their railroad compensation in their
total earnings. Count all amounts before any
payroll deductions for taxes, social security,
insurance premiums and so on.
Earnings from self-employment mean the person's net income (profit after deduction of
allowable business expenses) for the year.
Do not include as earnings any money received
for any reason other than work, such as interest
from savings, income from investments, gifts,
inheritances and pensions or other retirement
benefits.

Non-Work Month
A non-work month for the Monthly Earnings
Exempt Amount is a month in which a family
member does not work. It can also be either of
the following:
1. Work For A Non-Railroad Employer - The
family member works but earns less than
the Monthly Earnings Exempt Amount; or,
2. Self-Employment - The family member
works in self-employment but does not
perform "substantial services." To determine whether a person performed "substantial services" in self-employment, the
RRB considers:
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G

Annual Earnings Exempt Amount
The term Annual Earnings Exempt Amount
means the amount of money you or another
family member included in the Special
Guaranty computation can earn without affecting your Special Guaranty increase. Refer to
Form G-77A, How Work Affects Your Railroad
Retirement Benefits, for the current Annual
Earnings Exempt Amount.

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G
G

the amount of time devoted to the
business;
the type of business operated;
the type of service performed; and,
how all this compares to the work
done before the person applied for
the annuity increase.

Reduction For Earnings
Your earnings from any employment outside
the railroad industry and the earnings of family members can affect payment of your Special
Guaranty increase as follows:

If:

Then the amount of:

For months:

Is deducted:

Employees are entitled
based on age and are
under Full Retirement
Age (FRA) for the full
calendar year,

$1.00 for every $2.00
which they earn over
their Annual Earnings
Exempt Amount,"

in the full calendar
year,

all family member
shares in the calculation of the Special
Guaranty computation.

employees are entitled
based on age and
attain FRA during the
calendar year,

$1.00 for every $3.00
which they earn over
their Annual Earnings
Exempt Amount,

up to the month the
employees attain FRA,

all family member
shares in the calculation of the Special
Guaranty computation.

spouses are under
FRA for the full calendar year,

$1.00 for every $2.00
which spouses earn
over their Annual
Earnings Exempt
Amount,

in the full calendar
year,

their shares in the
calculation of the
Special Guaranty
increase.

spouses attain FRA
during the calendar
year,

$1.00 for every $3.00
which spouses earn
over their Annual
Earnings Exempt
Amount,

up to the month the
spouses attain FRA,

their shares in the
calculation of the
Special Guaranty
increase.

your minor or student
children work,

$1.00 for every $2.00
which they earn over
their Annual Earnings
Exempt Amount,

in the full calendar
year,

their shares in the
calculation of the
Special Guaranty
increase.

Garnishment For Alimony Or Child
Support
A court order can cause the RRB to pay a designated portion of your Special Guaranty increase
to another person. Our Bureau of Law handles
all alimony and child support matters and makes
all decisions related to the appropriateness and
acceptability of legal notices of garnishment and
the removal of those orders.
Imprisonment Or Confinement Due To A
Conviction For A Criminal Offense
The amount of your Special Guaranty increase
may be affected if you are, or another family
member is, imprisoned or under a sentence of
confinement due to a conviction for a criminal
offense.
Exception: Benefits may continue to be
paid to disabled employees or to disabled
children who are actively and satisfactorily
participating in a rehabilitation program
through which they are expected to engage
in substantial gainful activity within a
reasonable period after release.

To be "imprisoned" or "under a sentence of confinement" means confinement to a jail, prison,
or other penal institution or correctional facility.
This includes any facility which is under the
control and jurisdiction of a penal system, or
any facility in which a person may be confined.
This also includes hospitals, institutions, and
halfway houses, which are used as a place of
confinement. Persons under sentence of confinement to any of these facilities are considered
confined even though they may go outside the
facility to work, attend school, or for some other
reason.
NOTE: Prisoners who are released on parole or
because their sentence has ended, been suspended, or overturned are no longer considered
to be confined or imprisoned.

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Part V - Reporting Events To The
RRB
Work Performed By You Or Another
Family Member
The RRB will receive an annual report of your
non-railroad earnings from a tape match with
the Social Security Administration (SSA).
You should report your earnings or the earnings of another family member included in the
Special Guaranty when:
1. The employment begins or ends to provide
timely adjustment of your annuity;
2. The employment is not covered under the
Social Security Act (SS Act); or,
3. You or the family member will earn substantially more or, less than was earned in
the previous year.
Social Security Benefits
Whenever you or another family member files
for or receives social security benefits, notify
the RRB immediately. Failure to report
social security benefits could result in an
overpayment.
Student Change In School Attendance
Notify the nearest office of the RRB immediately when students are included in the Special
Guaranty and any of the following events occur:
1. Students change schools;
2. Students complete the requirements for a
secondary school diploma;
3. Students reduce school attendance to less
than full-time or less than 20 hours per
week;
4. Students stop attending school and do not
intend to resume full-time attendance
within the next four months; or,
5. Students start attending school that will
be paid for by an employer.
Other Events To Report For Your Spouse
If your spouse is included in the Special
Guaranty computation, report to the RRB if:
1. Your marriage is terminated by death or
divorce;

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2. The spouse entitlement is based on childin-care and the child leaves your spouse's
care and custody; or,
3. Your spouse files for or receives a public
service pension from any governmental
agency or the amount of a spouse public
service pension changes.
Other Events To Report For Your Children
If any of your children or grandchildren are
included in the Special Guaranty computation,
report to the RRB if:
1. Any child marries, dies, is adopted, or
enters military service;
2. A step-child is no longer dependent on
you; or,
3. A disabled child recovers from the disability.
How To Report An Event
You can locate the nearest RRB office by calling
877-772-5772 or by visiting our Web site at
www.rrb.gov. You can also send a secure message
at our Web site.
When you report an event, be sure to include all
of the following:
1. Your railroad retirement claim number;
2. Your name and, when applicable, the
family member's name;
3. Your daytime telephone number;
4. A clear explanation of what event you are
reporting;
5. The exact date (month, day, year) of the
event; and,
6. If you are reporting work, the name of the
employer and the estimated earnings for
the year.
When reporting a change of address, also
include the new address, the old address, and
the date that you will start receiving mail at
the new address.
Office Hours
If you wish, you may also call or visit the nearest RRB office. Most RRB offices are open from
9:00 a.m. to 3:30 p.m. If you plan on visiting an
RRB office, please call for an appointment so
that we can better serve you.

NONDISCRIMINATION ON THE BASIS OF DISABILITY
Under Section 504 of the Rehabilitation Act of 1973 and Railroad
Retirement Board (RRB) regulations, no qualified person may be discriminated against on the basis of disability. RRB programs and
activities must be accessible to all qualified applicants and beneficiaries, including those with impaired vision and/or hearing.
Individuals with disabilities needing assistance (including auxiliary
aids or program information in accessible formats) should contact the
nearest RRB office.
Complaints of alleged discrimination by the RRB on the basis of disability
must be filed within 90 days in writing with the
Director of Administration
Railroad Retirement Board
844 North Rush Street
Chicago, Illinois 60611-2092
Questions about individual rights under this regulation may be directed to
the RRB’s Director of Equal Opportunity at the same address shown
above.

FRAUD AND ABUSE HOT LINE
Call the toll-free Fraud and Abuse Hot Line if you have reason to believe
that someone is receiving railroad retirement or unemployment-sickness
benefits to which (s)he is not entitled; that persons responsible for the financial affairs of minors or incompetent beneficiaries are misappropriating benefits; or that a doctor, hospital, or other provider of health care services is
performing unnecessary or inappropriate services or is billing Medicare for
services not received. You may also use the Hot Line to report any suspected misconduct by a Railroad Retirement Board (RRB) employee. The
Hot Line has been installed by the RRB’s Inspector General to receive any
evidence of fraud or abuse of the RRB’s benefit programs.
Call (toll-free) 1-800-772-4258. Or you may send your complaints in
writing to:
Railroad Retirement Board
OIG Hot Line Officer
844 North Rush Street
Chicago, Illinois 60611-2092
Note – Please do not call the Inspector General’s Hot Line with questions
about eligibility requirements, delayed claims, or similar problems. Such
matters should be directed to the nearest RRB field office.