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M e m o r a n d u m

U n it e d St a t e s Go v e r n m e n t FORM G-115f (1-82)

Ra il r o a d R e t ir e m e n t B o a r d

January 31,2003

L-2003-03

TO Suzanne Haynes

Chief of Records Analysis and Systems 

Through: Ronald Russo

Director of Policy and Systems

FROM Steven A. E 

General G

SUBJECT : Current Connection

Department of Homeland Security

This is in reply to your memorandum dated January 17,2003, regarding 

employment with the Federal Government which will not break a current 

connection.

Under the Homeland Security Act of 2002, the Transportation Security 

Administration is being transferred from the Department of Transportation 

to the new Department of Homeland Security. It is anticipated that the 

transfer of most agencies will be effective March 1,2003. You inquire 

how employment with the Transportation Security Agency or other 

Department of Homeland Security agencies will affect the current 

connection of rail employees who have been employed with the 

Department of Transportation. You also ask what effect work for the 

Transportation Security Administration will have on railroad employees 

who stop working for the railroad and take a position, after March 1,2003, 

with the Transportation Security Administration or with other Departments 

of Homeland Security.
Although work outside the railroad industry following the relevant 30 

month period may break an employee's current connection, section 1 (o) 

of the Railroad Retirement Act excepts the following from employment 

which will break a current connection:

* * * employment with the Department of Transportation, the 

Interstate Commerce Commission, the Surface Transportation 

Board, the National Mediation Board, the National Transportation 

Safety Board, the State-owned railroad (as defined in the Alaska 

Railroad Transfer Act of 1982) so long as it is an instrumentality of the 

State of Alaska, or the Railroad Retirement Board * * *. [Emphasis 

added.]

The Department of Homeland Security is not included in the list of Federal 

agencies listed in section 1 (o) as a Federal agency employment with 

which will not break a current connection. Accordingly, employment with 

the Department of Homeland Security may break a railroad employee's 

current connection. Since the Transportation Security Administration will 

no longer be part of the Department of Transportation, employment with 

that office may break a current connection after the effective date of the 

transfer to the Department of Homeland Security, which, as mentioned 

above, is expected to occur on March 1, 2003. Therefore, the current 

connection of a railroad employee who accepts work with the 

Transportation Security Administration after the transfer to the Department 

of Homeland Security may be broken. However, this conclusion does not 

apply to employees who have been employed with the Transportation 

Security Administration while it is part of the Department of Transportation 

and who are consequently transferred to the Department of Homeland 

Security. With regard to those employees, we will not issue a decision until 

the terms of the transfer are known.

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