Railroad Retirement Disability Earnings Act
PL 109-478 (H.R.5483), enacted 01/12/2007

120 STAT. 3573
PUBLIC LAW 109–478—JAN. 12, 2007
Public Law 109–478
109th Congress
An Act
To increase the disability earning limitation under the Railroad Retirement Act
and to index the amount of allowable earnings consistent with increases in the
substantial gainful activity dollar amount under the Social Security Act.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Railroad Retirement Disability
Earnings Act’’.
SEC. 2. REFORM OF DISABILITY EARNINGS LIMITATION PROVISIONS.
(a) IN GENERAL.—Section 2(e)(4) of the Railroad Retirement
Act of 1974 is amended—
(1) by striking ‘‘$400 in earnings’’ in the first sentence
and inserting ‘‘the monthly allowable earnings as defined in
the section’’;
(2) by striking ‘‘$4,800’’ in the fourth sentence and inserting
‘‘the amount of earnings computed by totaling the monthly
allowable earnings as determined under this section for each
month in the year’’; and
(3) by striking the fifth sentence and inserting ‘‘If the
total amount of such individual’s earnings during such year
(exclusive of earnings for services as described in subdivision
(3) and after deduction of disability related work expenses)
is in excess of the annual allowable earnings amount, the
number of months in such year with respect to which an
annuity is not payable by reason of the first and third sentences
shall not exceed the number of months derived by dividing
the amount by which such annual earnings exceed the annual
allowable earnings amount by the monthly allowable earning
amount determined under this section. If the computation
under the preceding sentence results in a remainder greater
than or equal to one-half, the number of months for which
an annuity is not payable as determined under the preceding
sentence shall be increased by one. The annual allowable
earnings amount shall be computed by totaling the amount
of monthly allowable earnings as determined under the first
sentence of this subdivision for each month in the calender
year. If the amount of the individual’s annuity has changed
during the calendar year, any payment of annuities which
become payable solely by reason of the limitations in the pre-
ceding three sentences shall be made first with respect to
the month or months for which the annuity is larger. For
purposes of this subdivision, ‘the monthly allowable earnings’
45 USC 231a.
45 USC 231t
note.
Railroad
Retirement
Disability
Earnings Act.
Jan. 12, 2007
[H.R. 5483]
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120 STAT. 3574
PUBLIC LAW 109–478—JAN. 12, 2007
LEGISLATIVE HISTORY—H.R. 5483:
HOUSE REPORTS: No. 109–669 (Comm. on Transportation and Infrastructure).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 27, considered and passed House.
Dec. 8, considered and passed Senate.
shall be $700, except that for each year after 2007, ‘the monthly
allowable earnings’ amount shall be the larger of the amount
for the previous year or the amount calculated by multiplying
$700 by the ratio of the national average wage index for the
year 2 calender years before the year for which the amount
is being calculated to the national average wage index for
the year 2005. The amount so computed will be rounded to
the next higher multiple of $10 where such amount is a multiple
of $5 but not of $10 and to the nearest multiple of $10 in
any other case.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
take effect January 1, 2007.
Approved January 12, 2007.
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