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)

For Use With 

Forms G-319
.
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 1

Special Guaranty Based On Disability 1

Special Guaranty Based On Age 1

When The Increase Can Begin Based On Disability Freeze 1

When The Increase Can Begin Based On Age 1

How The Special Guaranty Increase Is Paid 2

When The Special Guaranty Increase Is No Longer Payable 2

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 2

Spouse Entitled Based On Child-in-Care 2

Spouse Age Requirement 2

Spouse Election Cases 3

Eligible Children 3

Definition Of Unmarried Child 3

Disabled Children 3

Full-Time Students 3

TABLE OF CONTENTS

Page

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.

OVERVIEW

Continued on next 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 4

Additional Form For Disabled Children 4

Additional Form For Students 4

Notice Of Railroad Retirement Board Decision 4

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 5

Age Reductions 5

Social Security Benefits Or Other Railroad Retirement Benefits 5

Spouse Public Service Pension 5

Earnings Of Disability Annuitants 5

Definition Of Earnings 6

Annual Earnings Exempt Amount 6

Monthly Earnings Exempt Amount 6

Non-Work Month 6

Reduction For Earnings 6

Garnishment For Alimony Or Child Support 7

Imprisonment Or Confinement Due To A Conviction For A Criminal Offense 7

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 8

Social Security Benefits 8

Student Change In School Attendance 8

Other Events To Report For Your Spouse 8

Other Events To Report For Your Children 8

How To Report An Event 8

Office Hours 8

Page

OVERVIEW, Continued
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.

2.

3.

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.

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.

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.

2.

When The Increase Can Begin Based On

Age

The increase can begin the later of:

1.

2.

3.

1

You Have a Disability Freeze - The

Special Guaranty increase can begin the

later of:

You Do Not Have a Disability Freeze - The

Special Guaranty increase would be

based on your age as explained in the

next section.

your annuity beginning date; 

the first full month you are age 62; or,

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.

you are considered totally and permanently disabled for all employment; 

the disability is expected to last at least

12 months; and, 

you have the required Quarters of

Coverage under SS Act rules.

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.)

●

●
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.

2

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.

2.

3.

4.

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.

2

has been married to the you for at least

one year immediately prior to filing for

the Special Guaranty increase; 

is the natural parent of your child; 

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,

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.

when family members become entitled to

other benefits (see Part IV) or

due to terminating events for family

members (see Part V).
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.

2.

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.

2.

3.

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:

1.

2.

If minor children or students marry after being

included in the Special Guaranty computation,

their entitlement will end. They will never

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.

3

they have never been married or

they were married before the Special

Guaranty computation became payable

and that marriage ended by death,

divorce, or annulment.

under age 18; 

age 18 or older and qualify as disabled

children; or,

age 18-19 and qualify as full-time students.

you are an employee disability annuitant

who has not attained the age requirement

to qualify a spouse for an RRA spouse

annuity and

your spouse is at least age 62, but less

than Full Retirement Age.
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

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.

4
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: then your FRA is:

Before 1-2-1938 65

1-2-1938 thru 1-1-1939 65 and 2 months

1-2-1939 thru 1-1-1940 65 and 4 months

1-2-1940 thru 1-1-1941 65 and 6 months

1-2-1941 thru 1-1-1942 65 and 8 months

1-2-1942 thru 1-1-1943 65 and 10 months

1-2-1943 thru 1-1-1955 66

1-2-1955 thru 1-1-1956 66 and 2 months

1-2-1956 thru 1-1-1957 66 and 4 months

1-2-1957 thru 1-1-1958 66 and 6 months

1-2-1958 thru 1-1-1959 66 and 8 months

1-2-1959 thru 1-1-1960 66 and 10 months

1-2-1960 and later 67

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

5
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.

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.

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.

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.

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.

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.

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.

2.

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:

6

Work For A Non-Railroad Employer - The

family member works but earns less than

the Monthly Earnings Exempt Amount; or,

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:

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.

●

●

●

●
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.

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.

7

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.

Employees are entitled

based on age and are

under Full Retirement

Age (FRA) for the full

calendar year,

employees are entitled

based on age and

attain FRA during the

calendar year, 

spouses are under

FRA for the full calendar year,

spouses attain FRA

during the calendar

year, 

your minor or student

children work, 

$1.00 for every $2.00

which they earn over

their Annual Earnings

Exempt Amount,"

$1.00 for every $3.00

which they earn over

their Annual Earnings

Exempt Amount,

$1.00 for every $2.00

which spouses earn

over their Annual

Earnings Exempt

Amount,

$1.00 for every $3.00

which spouses earn

over their Annual

Earnings Exempt

Amount,

$1.00 for every $2.00

which they earn over

their Annual Earnings

Exempt Amount,

in the full calendar

year, 

up to the month the

employees attain FRA, 

in the full calendar

year, 

up to the month the

spouses attain FRA,

in the full calendar

year,

all family member

shares in the calculation of the Special

Guaranty computation.

all family member

shares in the calculation of the Special

Guaranty computation.

their shares in the

calculation of the

Special Guaranty

increase.

their shares in the

calculation of the

Special Guaranty

increase.

their shares in the

calculation of the

Special Guaranty

increase.

If: Then the amount of: For months: Is deducted:
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.

2.

3.

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.

2.

3.

4.

5.

Other Events To Report For Your Spouse

If your spouse is included in the Special

Guaranty computation, report to the RRB if:

1.

2.

3.

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.

2.

3.

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.

2.

3.

4.

5.

6.

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.

8

The employment begins or ends to provide

timely adjustment of your annuity;

The employment is not covered under the

Social Security Act (SS Act); or,

You or the family member will earn substantially more or, less than was earned in

the previous year.

Students change schools; 

Students complete the requirements for a

secondary school diploma; 

Students reduce school attendance to less

than full-time or less than 20 hours per

week; 

Students stop attending school and do not

intend to resume full-time attendance

within the next four months; or,

Students start attending school that will

be paid for by an employer.

Your marriage is terminated by death or

divorce; 

The spouse entitlement is based on childin-care and the child leaves your spouse's

care and custody; or,

Your spouse files for or receives a public

service pension from any governmental

agency or the amount of a spouse public

service pension changes.

Any child marries, dies, is adopted, or

enters military service; 

A step-child is no longer dependent on

you; or,

A disabled child recovers from the disability.

Your railroad retirement claim number;

Your name and, when applicable, the

family member's name;

Your daytime telephone number; 

A clear explanation of what event you are

reporting; 

The exact date (month, day, year) of the

event; and,

If you are reporting work, the name of the

employer and the estimated earnings for

the year.
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.