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1.5.1 Eligibility and Date Of Entitlement Of Child Under 100% O/M 

Computation Or 110% Grandfather O/M Computation

The 1937 Railroad Retirement Act did not provide a child's annuity in retirement cases. 

The 1974 Railroad Retirement Act has not, as of the date of this revision, provided a 

child's annuity in retirement cases. However, if the employee has attained age 62 or is 

entitled to an actual disability freeze, a child can be included in the O/M computation as 

an Ineligible Person Included (IPI), as explained in RCM 8.3.24.

1.5.2 Amount of Child's Retirement O/M Share

The additional amount payable under SSA formula because of the inclusion of a child in 

the family group is explained in RCM 8.3.75 - RCM 8.3.84, RCM 8.3.110 and RCM 

8.3.115. Usually the additional Retirement O/M amount resulting from the inclusion of a 

child is paid to the employee annuitant, or if there is a spouse annuitant, proportionately 

to the employee and spouse.

1.5.3 Assignment or Garnishment of The Retirement O/M Increase 

Amount

Under Section 459 of PL 93-647, annuity payments may be attached or garnished by 

court order to enforce an obligation for child support or alimony, as explained in RCM 

8.3.170 - RCM 8.3.173.

1.5.4 Earnings Restrictions

The Social Security Act rules for work deductions are applied to the Retirement O/M 

computation, as explained in RCM 8.3.138 - RCM 8.3.139 and RCM 8.3.142 - RCM 

8.3.143.

1.5.5 Termination or Suspension Of Child's Benefit Under The 100% 

O/M OR 110% Grandfather O/M Computation

The child's benefits are taken into account in figuring the family O/M or DIB O/M 

computations only for those months in which the child would have been eligible for 

benefits under the Social Security Act rules, as explained in RCM 8.3.27.

1.5.10 Types of Evidence

The following evidence is required for including a child under the Retirement O/M:

Evidence When Required
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Age of Child. Always.

Relationship of Child. Always.

Form G-134, "Statement 

Regarding Contributions and 

Support"

Proof of 1/2 support is required when 

dependency cannot be "deemed," (See 

RCM 4.7). 

Form G-319, "Statement 

Regarding Family and Earnings for 

Special Guaranty Computation".

For all initial entitlements. 

Proof of Death or Disability of 

Grandchild's Parents

If a grandchild is to be included as a 

"child" IPI and has not been adopted 

by the employee.

Marital Relationship of Child's 

Parents

If child is stepchild of employee 

annuitant or when mother is eligible for 

spouse's annuity and does not file, or 

when "child" is born of an invalid 

ceremonial marriage.

Disability of Child If alleged disabled child is age 18 or 

over, or will attain age 18 within three 

months.

Form G-320, "Statement By 

Employee Annuitant Regarding 

Student Age 18-19"

If FTS age 18-19 can be included in 

O/M.

Form G-315, "Student 

Questionnaire"

If FTS age 18-19 can be included in 

O/M

Form G-315a, "Statement by 

School Official of Student's FullTime Attendance"

If FTS age 18-19 can be included in 

O/M and the FTS was not verified on 

Form G-315.

Form G-315a.1, "Notice of 

Cessation of Full-Time School 

Attendance"

If FTS age 18-19 can be included in 

O/M. This form is released to the 

school after the FTA is verified.

1.5.20 Relationship and Dependency Requirements

The following sections are intended only as a summary of the relationship and 

dependency requirements that a child must meet in order to be included in the 

Retirement O/M. More detailed explanations of these requirements and how they are 
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met are contained in Chapter 4.4, "Family Relationships," and Chapter 4.7, 

"Dependency, Support, and Care."

1.5.21 Parent-Child Relationship

In order for a child to be included in the Retirement O/M, he must be the employee's:

A. Natural legitimate child who is:

1. A child of a valid ceremonial marriage.

2. A child of a voidable marriage.

3. A child of a void marriage in some States.

4. A child legitimated under applicable State law.

5. A legitimate child under State law even though there has been no 

marriage or act of legitimation; or

B. Illegitimate child, if the child would have rights under applicable State law for the 

purpose of inheriting the employee's intestate personal property; or

C. Stepchild who is dependent on the employee; or

D. Legally adopted child; or

E. Equitably adopted child; or

F. Grandchild. Effective 1-1-73, a grandchild of an employee is deemed to be the 

employee's "child" to qualify as an IPI in the O/M if:

1. The grandchild was living with and being supported by the employee when 

the employee retired or became disabled; and

2. The child's parents were either dead or disabled when the employee 

retired or became disabled.

See Chapters 4.4 and 4.7 for a further explanation of requirements that must be 

met for a grandchild to be considered the employee's "child".

If a grandchild is legally adopted by the employee, entitlement is determined 

under the rules for an adopted child. 
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1.5.22 Dependency Requirements

In order for a child, who is otherwise eligible, to be included in the Retirement O/M, he 

or she must be dependent upon the employee. This dependency must exist at the time 

the employee's annuity can be increased under the Retirement O/M. 

For Retirement O/M purposes, we presume that an application on behalf of a child is 

timely, i.e., filed at the earliest time that the employee's annuity can be increased 

because of the child.

A finding of dependency depends upon the relationship of the child to the employee 

(natural child, adopted child, stepchild, etc.). In some cases, dependency can be 

"deemed" for Retirement O/M purposes (see RCM 4.7). If dependency is deemed, an 

indication that the child is actually dependent on someone other than the employee is 

immaterial.

See Chapter 4.7 for instructions for the use of Form G-134, "Statement Regarding 

Contributions and Support", to establish dependency when it cannot be deemed. Refer 

any questionable cases to the RRA Payment Analysis and Systems Group in the Office 

of Policy and Systems.

1.5.30 Developing Initial Eligibility for Retirement O/M

When a disability freeze is granted or one of the conditions in RCM 8.3.12 is met, test 

the case for the Retirement O/M. When the Retirement O/M may apply, request 

Retirement O/M development from the RRB field office via an E-mail. 

The forms to be included in the initial Retirement O/M development package are:

• Form G-319, "Statement Regarding Family and Earnings For Special Guaranty 

Computation", and,

• Booklet G-179, "Special Guaranty in Employee and Spouse Annuities".

If the family group includes a child age 18-19, request the RRB field office to develop for 

the following forms which are stocked in the RRB field offices:

• Form G-320, "Statement By Employee Annuitant Regarding Student Age 18-19", 

and,

• Form G-315, "Student Questionnaire".

• Form G-315a, "Statement By School Official of Student's Full-Time Attendance."

If the family group also includes a disabled child, also request the RRB field office to 

develop a Form AA-19a, "Application For Determination of Child Disability." Booklet 
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RB-19a, "Child Disability Benefits," should be given to the applicant to explain the child 

disability requirements.

NOTE: Field offices have been instructed that when developing the Retirement O/M for 

an employee with a disability freeze and stepchildren are involved, develop a 

dependency determination for each stepchild regardless as to whether the stepchild is 

the qualifying dependant (see FOM 325.36.) This will protect each stepchild’s potential 

entitlement to future survivor benefits. Do not delay payment to other beneficiaries 

while making the support determination. 

1.5.31 Securing SS Benefit Information

Always develop SS benefit information from SSA when information on the Retirement 

O/M development forms or in the claim file indicates that a minor child, disabled child or 

FTS is entitled to or has filed for SS benefits on his own, his mother's, the employee 

annuitant's, or any other wage record. The reduction to the Retirement O/M is 

explained in RCM 8.3.107 and RCM 8.3.110.

1.5.32 Developing Continuing Eligibility after Age 18

Four months before a child will attain age 18, Form letter RL-175 is released to the 

employee. This advance notice is sent out before payments are suspended to enable 

the employee to contact the RRB field office to develop the possibility of continuing 

eligibility after the child attains age 18. The form shows the month the child attains age 

18 and advises the employee to call the nearest RRB field office if the child is disabled 

or is attending school full-time. Refer any inquiries concerning the RL-175 letter to the 

RRB field office.

Diary cards are also forwarded to the claims examiner for action. Listed below are the 

possible messages for children included in the Retirement O/M:

• CHILD IPI ATTAINING AGE 18 OR 19

• CHILD IPI OVER AGE 18 OR 19 

If the Retirement O/M is in force when the child attains age 18, do not initiate 

development for a full time student benefit or disabled child benefit other than the RL175 attainment letter.

Usually the RRB field office will only need to develop current information on Form G-320 

and Form G-315 if the child is age 18-19 and in full time school attendance at an 

elementary or secondary school. The other information on Form G-319 should already 

be in the claim file. (Refer to RCM 1.5.59.)

The RRB field office will need to develop Form AA-19a when the child attaining age 18 

is disabled, if the disability has not yet been established in the claim file.
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If the child could be entitled as either a student or a disabled child, refer to RCM 1.5.61.

If the child is 17 years and 8 months at the time of the initial action to include him or her 

in the O/M, see the NOTE in RCM 8.3.27A.

1.5.40 Disabled Child Age 18 or over

Effective 1-1-65, an unmarried dependent child age 18 or over who became disabled for 

all substantial gainful activity (SGA) prior to age 18 can be included in the Retirement 

O/M. Effective 1-1-73 such a child can be included in the Retirement O/M even if he 

became disabled after age 18 and before age 22. A disabled grandchild has the same 

status under the RR Act as any other disabled child effective 1-1-73.

1.5.41 Requesting Medical Evidence

If medical evidence for an alleged disabled child has not been requested, or if there is 

an indication in file that the child is entitled to SS Act benefits, send the case to the 

Disability and Medicare Operations Division (DMOD). DMOD will initiate development 

of medical evidence or contact SSA for copies of their medical evidence. Refer to 

DMOD any case in which they have rated a child disabled who has been denied at SSA 

or vice versa.

1.5.42 Securing Report of SS Benefit And Wage Data

When the alleged disabled child could be included in the O/M, and child has an SS 

account number or worked after 1936, secure a wage breakdown and names of 

employers from SSA. Do not send the folder to DB for a disability determination until 

the information has been received from SSA.

If the wage breakdown shows a possible insured status, obtain a report of SS 

entitlement data for the child. After the report is received, send the case to DMOD for a 

determination of the child's disability only if the employee's annuity can definitely be 

increased by including the child in the Retirement O/M.

1.5.43 Deductions Imposed On Disabled Child

Under the SS Act, a disabled child age 18 or over is subject to deductions because of 

refusal, without good cause, to accept vocational rehabilitation services. If notice is 

received from SSA that a disabled child had refused these services, any increase made 

in the employee's annuity under the Retirement O/M or Retirement DIB-O/M by 

including the disabled child, is not payable for any month for which the child refused 

such service. Consider payments for any such months erroneous.

1.5.50 Full-Time Student Age 18-19

Refer to FOM1 505 - 535
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Appendices

Appendix A - Pre-1981 Amendment Full-Time Student Provisions

Refer to FOM1 Article 5 Appendix C

Appendix B - Legislative History

Effective Date Retirement O/M Child and Student Provisions

11-01-57 Children disabled before age 18 may be included in the O/M.

09-01-58 Inclusion of auxiliary beneficiaries in the DIB O/M for months 

after 8-1958.

06-01-59 The O/M guaranty increased from 100% to 110% of the amount 

which would be payable under the Social Security Act if the 

railroad service after 1936 were credited as employment under 

the Social Security Act.

1-1-65 Eligibility extended to children under age 22 if full time students 

at a secondary or post-secondary school.

10-01-72 Change in the dependency requirement for a child adopted by 

the employee.

11-01-72 Child's entitlement under the O/M not ended because of 

adoption by someone other than the employee.

1-1-1973 Extended eligibility to children disabled before attaining age 22.

1-1-73 Extended eligibility to students age 22 if their school term has 

not been completed.

Dependent grandchild or step grandchild qualifies if:

• the grandchild's parents are deceased or disabled, or

• the grandchild was adopted by the surviving spouse and 

the child's parents were not "living with" and contributing 

to the grandchild's support.

01-01-75 100% O/M and 110% Grandfather O/M established under the 

1974 RR Act.

6-1-82 No Retirement O/M benefits are payable to IPI "phase-out" 

students for the summer months (5, 6, 7 & 8). Phase-out 
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students are students who were entitled to an IPI child's benefit 

in August 1981 and were in FTA at a post-secondary school for 

any month prior to May 1982.

8-1-82 No Retirement O/M benefits are payable for IPI post-secondary 

students unless they qualify as "phase-out" students.

10-1-82 Retirement O/M benefits for IPI phase-out students were 

reinstated at a reduced rate (25% reduction effective in 1982; 

50% in 1983 and 75% in 1984).

6-1-85 Retirement O/M benefits for IPI phase-out students were 

terminated effective 8-1-85. No benefits were actually payable 

for months after April 1985 because of the nonpayment 

provisions for summer months.

7-1-96 A stepchild must be dependent on employee for 1/2 support to 

be included in the Retirement O/M computation.

1-1-2002 A child or student may qualify as IPI based on the earnings 

record of an employee who had less than 120 months of railroad 

service, but at least 60 months of railroad service after 1995. 

The Retirement O/M is payable only when the age and service 

employee has sufficient quarters of coverage based on 

combined railroad compensation and SSA wages for an insured 

status under the SS Act or the disability annuitant has an actual 

SS Act disability freeze.