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206.1 Employee Defined 

An employee is a person who is: 

 In the active service of one or more "employer" for compensation; or 

 In an employment relation to one or more "employer;" or 

 An officer of an employer; or 

 In the service of a local lodge or division; or 

 An employee representative; or 

 An employee of an employee representative; or 

 In the service of a general committee. 

206.2 When an Employment Relation Exists 

A person has an "employment relation" if he is: 

206.2.1 Performing Services 

A. Subject to continuing authority of the employer who supervises and directs the 

manner in which the employee's services are rendered; or 

B. Rendering professional or technical services integrated into the staff of the 

employer; or 

C. Rendering other personal services on the property used in the operations of the 

employer and the services are an integral part of those operations. 

206.2.2 Other 

Prior to the annuity beginning date or beginning date of a pension from the railroad, an 

employment relation exists for months the employee: 

A. Was on bona fide leave of absence from the employer without reference to any 

governing rule or practice; or 

B. Was not retired or discharged but was by reason of continuous disability unable 

to return to service; or 

C. Was out of service by reason of a discharge later determined to be wrongful; or 

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D. Was an employee representative or employee of an employee representative, as 

explained in FOM 1 213. 

206.3 When an Employment Relation Does Not Exist 

An employment relation does not exist for any month after the month in which: 

 The railroad retirement annuity begins; or 

 The railroad private pension begins; or 

 The employee resigns; or 

 The employee is discharged; or 

 The employee relinquishes job rights in order to receive a separation allowance or 

severance payments; or 

 The employee dies. 

Also, an employment relation does not exist if the employee's last railroad service was 

outside the U.S. and that service was not creditable under the Railroad Retirement Act 

(RRA). 

206.4 Officer of an Employer 

An officer of an employer, performing the duties of his office for compensation, is an 

employee. 

206.5 Employee of Local Lodge o Division 

A person rendering services for a local lodge or division of a railway labor organization 

employer, who was in the service of or in an employment relation to a carrier, on or after 

8-29-35, is an employee if: 

A. Substantially all of the members of the local lodge or division are employees of 

an employer conducting the principal part of its business in the U.S.; or 

B. The headquarters of the local lodge or division is in the U.S. and 

The employee must have previously performed creditable railroad service to an 

employer. 

206.6 Employee Representative 

An officer or official representative of a railway labor organization (other than a labor 

organization which is an employer) is an employee if he: 

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A. Rendered service for an employer under the RRA before the period of service 

claimed as an employee representative; and 

B. Is authorized and designated to represent employee in accordance with the 

Railway Labor Act, as amended. 

206.7 Employee of an Employee Representative 

A person who is regularly assigned to or regularly employed by an employee 

representative in connection with the duties of his office is an employee. Service as an 

employee of an employee representative may be credited whether or not the employee 

had ever been in the service of a covered employer. 

206.8 Employee of a General Committee 

A person in the service of a general committee of a railway labor organization employer 

is an employee when: 

A. He represents a local lodge or division whose members are substantially all 

employees of an employer conducting the principal part of its business in the 

U.S., or the quarters of the local or division is in the U.S.; or 

B. He acts as a general or assistant general chairman of a general committee which 

represents persons in employer service in the U.S. 

EXCEPTION: If his office or headquarters is not located in the U.S., he will NOT 

be an employee unless 10% of his remuneration for service in that capacity is 

creditable as compensation. 

206.9 Part-Time Employee 

A part-time employee is a person who devotes relatively small amounts of time to his 

railroad duties. The amount of time spent in service is immaterial; the controlling factor 

is whether his duties are those of an employee within the meaning of the act. 

206.10 Joint Employee 

A joint employee is a person who renders compensated service for more than one 

railroad employer in the same calendar month. 

206.11 Contract Employee 

A person engaged in railroad employment under a contractual agreement is an 

employee, if it is clearly shown that the covered employer had continuing authority to 

supervise and direct the manner in which the work was done. 

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When a person claims that he rendered service under a contract in a professional, 

technical or other capacity, i.e., doctor, lawyer, consulting engineer, etc., and requests 

an annuity estimate or files for an annuity, request him to complete Form AA-4, 

"Self-Employment and Substantial Service Questionnaire." Forward the case to 

Headquarters for a determination as to whether the person is in railroad service or is 

working in self-employment as an independent contractor. The Office of General 

Counsel will determine if the person is in railroad service or self-employment. The final 

decision will be coordinated with the Policy and Systems – Compensation and Employer 

Service Center (P&S-CESC) to insure that records of compensation are correct. 

206.12 Service as Substitute, Assistant or Helper 

Service rendered to an employee of a covered employer for remuneration as a 

substitute, assistant or helper is creditable as service to the employer if the substitute, 

helper or assistant was employed with the consent of the employer. Consent may be 

implied by knowledge on the part of the employer that the nature or volume of work 

required assistance for its completion. 

206.13 Redcap Service 

A person who rendered service as a redcap or other station attendant before 9-1941, 

and whose duties consisted of carrying hand baggage and assisting passengers in train 

stations, may receive credit for all such verified service even though he received no 

remuneration from an employer for such service. Redcap service is further explained in 

Appendix A of this chapter. 

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