MEMORANDUM

U n i t e d S t a t e s G o v e r n m e n t

L-2001-8 

June 25, 2001

FORM G-ll5f(!-92)

R a i l r o a d R e t i r e m e n t B o a r d

TO Philip H. Arnold

Chief of Records Analysis and Systems

FROM Steven A. Barthob' 

General C o u n se l

SUBJECT : Termination of Student Annuities

This is in response to your memorandum dated May 23, 2001 regarding the 

effective d ate of termination of an annuity paid to a full-time student. 

Specifically, you question whether a student annuitant who attains a g e 19 

during a period of non-attendance should be d eem ed not to have 

attained a g e 19 until the first day of the third month after the month of 

ag e 19 attainment. As explained below, it is my opinion that the "ag e 19 

deeming provisions" do not apply where the student child attains a g e 19 

during a period of non-attendance.

The Railroad Retirement Act (RRA) provides for the entitlement of children 

to survivor annuities where the child is ag e 18 and is a full-time elem entary 

or secondary student. See 45 U.S.C. § 231 a(d)(1 )(iii). Entitlement to such 

an annuity usually terminates on the last day of the month preceding (i) 

the month during no part of which the child is a full-time elem entary or 

secondary student, or (ii) the month in which he or she attains a g e 19, 

whichever is earlier. See 45 U.S.C. § 231d(c)(7). However, a child who 

attains a g e nineteen when he or she is a full-time student may be 

d eem ed not to have attained a g e nineteen until the first day of the third 

month after the month of a g e nineteen attainment, thereby allowing for 

the paym ent of the annuity for up to three additional months. See 45 

U.S.C. § 231 a(d)(4). In addition to the “ag e 19 deem ing provisions," there 

are provisions that allow for the deeming of the status of a full-time 

student during periods of non-attendance. This latter deem ing provision is 

found in subparagraph (B) of paragraph (7) of section 202(d) of the Social 

Security Act (42 U.S.C. § 402(d)(7)(B), and is incorporated by reference in 

paragraph 4 of section 2(d) of the RRA (45 U.S.C. § 231a(d)(4)). The fulltime student deeming provisions allow for the deem ing of the status of a 

full-time student for a period of up to four calendar months.
You question whether a student who attains ag e 19 during a period of 

non-attendance, and who would otherwise be eligible to b e d eem ed a 

full-time student, loses entitlement to the student annuity due to the 

attainment of a g e 19, or remains entitled by way of the “a g e 19 deem ing 

provisions." The answer to your question is found in section 2(d)(4) of the 

RRA (45 U.S.C. § 231 a(d)(4)), which provides in pertinent part, as follows:

. . . The provisions of paragraph 7 of section 202(d) of the 

Social Security Act (defining the terms “full-time elem entary or 

secondary school student" and “elementary or secondary 

school”) shall be applied by the Board in the administration of 

this subsection as if the reference therein to the 

[Commissioner] were references to the Board. A child who 

attains a g e nineteen at a time when he is a full-time 

elementary or secondary school student (as defined in 

subparagraph (A) of paragraph (7) of section 202(d) of the 

Social Security Act and without the application of

subparagraph (B) of such paragraph), but has not (at such 

time) com pleted the requirements for, or received, a diploma 

or equivalent certificate from a secondary school * * * shall 

be d eem ed (for purposes of determining his continuing or 

initial entitlement to an annuity under this subsection) not to 

have attained such a g e until the first day of the first month 

following the end of the quarter or semester in which he is 

enrolled at such time . . . [Emphasis added].

As outlined above, the statute specifically provides that, when making a 

determination as to whether a student may be d eem ed not to have 

attained a g e 19, the provisions for deeming a child to b e a full-time 

student during a period of non-attendance do not apply. In other words, 

if a student attains a g e 19 in a month of non-attendance, then that 

student’s entitlement to an annuity as a full-time student terminates 

effective with the last day of the month preceding the month of a g e 19 

attainment, regardless of the student's intent to resume full time 

attendance.

This opinion supersedes Legal Opinion L-97-49 issued November 21, 1997.

cc: Director of Policy and Systems

NVRussell:cmw/H:\OPINIONS\FS a g e 19 attmt.NVR.doc