Archive for the ‘Amtrak’ Category

RRB Q&A: Deemed service month credits

Railroad Retirement benefits are based on months of service and earnings credits. Earnings are creditable, up to certain annual maximums, on the amount of compensation subject to Railroad Retirement taxes.

Credit for a month of railroad service is earned for every month in which an employee had some compensated service covered by the Railroad Retirement Act. (Local lodge compensation is disregarded for any calendar month in which it is less than $25. However, work by a local lodge or division secretary collecting insurance premiums, regardless of the amount of salary, is creditable railroad work.) Also, under certain circumstances, additional service months may be deemed in some cases where an employee does not actually work in every month of the year.

The following questions and answers describe the conditions under which an employee may receive additional Railroad Retirement service month credits under the deeming provisions of the Railroad Retirement Act.

1. What requirements must be met before additional service months can be deemed?

A service month can be deemed if an employee has less than 12 service months reported in the year, has sufficient compensation reported and is in an “employment relation” with a covered railroad employer, or is an employee representative, during that month. (An employee representative is a labor official of a non-covered labor organization who represents employees covered under the acts administered by the Railroad Retirement Board.)

For this purpose, an “employment relation” generally exists for an employee on an approved leave of absence (for example, furlough, sick leave, suspension, etc.). An “employment relation” is severed by retirement, resignation, relinquishing job rights in order to receive a separation allowance or termination.

2. How is credit for additional service months computed?

For additional service months to be deemed, the employee’s compensation for the year, up to the annual Tier II maximum, must exceed an amount equal to 1/12 of the Tier II maximum multiplied by the number of service months actually worked. The excess amount is then divided by 1/12 of the Tier II maximum; the result, rounded up to the next whole number, equals the maximum number of months that may be deemed as service months for that year. Fewer months may be deemed, if an employment relation, as defined in Question 1, does not exist.

3. An employee works seven months in 2021 before being furloughed, but earns compensation of $108,000. How many deemed service months could be credited to the employee?

The employee could be credited with five additional service months. One-twelfth of the 2021 $106,200 Tier II maximum ($8,850) times the employee’s actual service months (seven) equals $61,950. The employee’s compensation in excess of $61,950 up to the $106,200 maximum is $44,250, which divided by $8,850 equals five. Therefore, five deemed service months could be added to the seven months actually worked and the employee would receive credit for 12 service months in 2021.

4. Another employee works for seven months in 2021 and earns compensation of $85,200. How many deemed service months could be credited to this employee?

In this case, the excess amount ($85,200 minus $61,950) is $23,250, which divided by $8,850 equals 2.627. After rounding, this employee could receive credit for three deemed service months and be credited with a total of 10 months of service in 2021.

5. Another employee works for eight months in 2021 before resigning on August 15, but earns compensation of $91,000. How many deemed service months could be credited to this employee?

None. Since the employee resigned in August, there is no employment relationship for the remaining months and no additional service months may be deemed and credited.

6. Should an employee preparing to retire take deemed service months into account when designating the date his or her Railroad Retirement annuity begins?

An employee may wish to consider credit for deemed service months in selecting an annuity beginning date. For instance, in some cases, a designated annuity beginning date that considers deemed service months could be used to establish basic eligibility for certain benefits, increase an annuity’s Tier II amount, or establish a current connection, as illustrated in Questions 7, 8 and 9, respectively. It should be noted that service months cannot be deemed after the annuity beginning date.

7. What would be an example of using deemed service months to establish benefit eligibility?

An example would be an employee between the ages of 60 and 62 who might be able to use deemed service months to establish the 360 months of service needed to qualify for an unreduced age annuity prior to full retirement age.

For instance, a 60-year-old employee last performed service on May 15, 2021, and received $61,800 in compensation in 2021. She is credited with 358 months of creditable railroad service through May 2021. If the employee wishes to retire on age, she must wait until she is full retirement age, which ranges between 66 and 67 depending upon the employee’s year of birth, or age 62 if she is willing to accept an age-reduced annuity. She needs at least two additional months of service to establish eligibility for an unreduced annuity prior to full retirement age.

The employee’s excess amount ($61,800 minus $44,250) is $17,550, which divided by $8,850 equals 1.983. Therefore, two deemed service months could be added to the five months actually worked and the employee would receive credit for seven service months in 2021 for a total of 360 service months, allowing her to receive an unreduced annuity beginning July 2, 2021.

8. How could deemed service months be used to increase an employee’s Tier II amount?

An employee worked in the first five months of 2021 and received compensation of $59,500. He does not relinquish his rights until July 2, 2021, and applies for an annuity to begin on that date.

The excess amount ($59,500 minus $44,250) is $15,250, which divided by $8,850 equals 1.723, which yields two deemed service months for a total of seven service months in 2021. Had the employee relinquished his rights and applied for an annuity to begin on July 1, he would have been given credit for only six service months.

The employee received the maximum compensation in all of the last five years and had 360 months of service through 2020. The additional service and compensation increases his Tier II from $1,726.75 to $1,746.92. However, delaying the annuity beginning date past the second day of the month after the date last worked solely to increase the Tier II amount would not generally be to the employee’s advantage.

9. Can deemed service months help an employee establish a current connection?

Yes. For example, an employee left the railroad industry in 2002 and engaged in employment covered by the Social Security Act. In August 2020, she returned to railroad employment and worked through June 28, 2021. She received compensation of $53,650 in 2021. She does not relinquish her rights until July 2, 2021, and applies for an annuity to begin on July 2, 2021.

In this case, the excess amount ($53,650 minus $53,100) is $550, which divided by $8,850 equals 0.0621, which yields one deemed service month. Consequently, the employee is given credit for seven service months in 2021. With five months of service in 2020 and seven months in 2021, the employee establishes a current connection. Had she designated the earliest annuity beginning date permitted by law, she would not have met the 12-in-30-month requirement for a current connection. (An employee who worked for a railroad in at least 12 months in the 30 months immediately preceding the month his or her Railroad Retirement annuity begins will meet the current connection requirement for a supplemental annuity, occupational disability annuity or survivor benefits.)

10. Can an employee ever receive credit for more than 12 service months in any calendar year?

No. Twelve service months are the maximum that can be credited for any calendar year.

11. Where can an employee get more information on how deemed service months could affect his or her annuity?

Employees with questions about deemed service months can send a secure message to their local RRB office by accessing Field Office Locator at RRB.gov and clicking on the link at the bottom of their local office’s page. If a customer needs to talk to an RRB employee, they can call the agency’s toll-free number (1-877-772-5772). However, customers are asked to be patient because of the increase in call volume due to the closure to the public of RRB offices during the COVID-19 pandemic.

N.J. SLD Sabol meets with DOT Secretary Buttigieg

 
New Jersey State Legislative Director Ron Sabol met with federal Department of Transportation Secretary Pete Buttigieg in Westfield, N.J., an encounter that was later featured in a video produced by the DOT and then shared on Buttigieg’s official Twitter account in conjunction with Labor Day on Sept. 6.

Sabol, of Local 1447 (Newark, N.J.), met Buttigieg, the former mayor of South Bend, Ind., on Aug. 9 and discussed his career as a freight rail conductor, remote-control operator and as a SMART-TD union officer.

“I got involved in my union right away, and that’s because of safety,” Sabol told Buttigieg. “Railroading is the most dangerous job in the country.”

A member of the SMART-TD National Safety Team, N.J. SLD since December 2016, and also his local’s president, Sabol reminded the Transportation Secretary of something that sometimes is lost among the public.

“Our railroads and bus operators, which we represent as well, they’re first responders,” he said.

Sabol recalled the efforts made by TD members to help evacuate people in tunnels during the Sept. 11, 2001, terrorist attacks on New York City.

“They’re heroes.”

Sabol also said that the passage of infrastructure legislation will improve with an expansion of service, better accessibility to riders and improved safety for a number of TD members.

“The best part of my job is being able to help people,” Sabol said. “As you the mayor were able to help all those people, I do it at a different level with a different group of people.”

Buttigieg’s Department of Transportation and the Federal Railroad Administration will be increasingly important as regulatory efforts develop to make the Rule of 2 — a certified conductor and certified engineer — enforced on freight trains throughout the United States.

The Biden administration announced earlier in the year that FRA is revisiting the Notice of Proposed Rulemaking regarding freight train crew size and would be prioritized at some point in the autumn.

SMART-TD joins #EssentialAlways campaign to honor transportation workers

WASHINGTON, D.C. – This Labor Day, the SMART Transportation Division is proudly joining the AFL-CIO Transportation Trades Department, (TTD), to recognize and thank frontline transportation workers for their service and sacrifice, and remind Americans that our transportation workers are #EssentialAlways.

During the darkest days of the COVID-19 pandemic, SMART-TD members were instrumental in keeping the American economy open and functioning by working throughout the pandemic delivering goods and materials and transporting essential workers to where they needed to be. While their heroic efforts during the pandemic undoubtedly saved lives, transportation labor unions want to remind America that their members, and the duties they perform, are essential always.

“I have the highest admiration for the dedication, courage, and drive all of our members displayed as they remained steadfast, working through the initial stages of the pandemic, doing the work that is often overlooked but essential in keeping our country on its feet. They did this during the uncertain initial stages of the pandemic, through lockdowns and beyond,” SMART Transportation Division President Jeremy R. Ferguson said. “The word ‘essential’ is the perfect description of all SMART-TD members and other transportation workers who keep our nation functioning and on the move. This campaign and the recognition we hope it brings is well-deserved and overdue.”

The #EssentialAlways campaign comes at a historic crossroads for this dedicated workforce. As the United States continues to grapple with the devastating effects of the COVID-19 pandemic — which millions of frontline transportation workers have disproportionately shouldered — Congress and the Biden administration are pursuing transformational investments in infrastructure as part of the president’s build back better agenda. Highly skilled transportation workers, including SMART-TD members will be vital in achieving these goals and rebuilding our country.

“Frontline transportation workers power the most advanced economy in the world by operating, maintaining, and building the most complex transportation network on earth,” said TTD President Greg Regan. “Whether they’re helping people get to home, work, or school, moving the goods and raw materials we all rely on, delivering our mail, seeing us through a crisis, or building transportation projects of the future, these dedicated professionals have always been essential to the fabric of America, and they always will be.”

Transportation unions are encouraging the general public, elected leaders, and members of transportation and infrastructure community to join the campaign by following and engaging with the hashtag #EssentialAlways on Twitter, Facebook, and LinkedIn, and to watch and share this video explaining the important role transportation workers played before and during the pandemic, and the role they will play for years to come.

TD Disaster Relief Fund activated to assist in wake of Ida

The SMART Transportation Division is primed to assist members in their time of need when disaster strikes.

Hurricane Ida hit Louisiana and Mississippi on Aug. 29 and tore a path through an area stretching from the Gulf Coast to the New York-New Jersey region, dropping torrential rain and affecting members’ lives with its massive flooding and wind damage.

Our members in the impacted area, both active and retired, face a long recovery and the painful task of rebuilding their homes and carrying on with their lives.

Furthermore, not only are they coping with the aftermath of a storm, they are doing so against the backdrop of the continuing COVID pandemic.

We are asking the SMART-TD family to heed the call and give what you can so that the difficult task of starting over and rebuilding can begin for any TD members who have been affected by Ida.

Any donations will help lessen the struggle and bring real hope and relief to our members who are suffering after this great loss. SMART-TD will administer donations sent to the SMART-TD Disaster Relief Fund.

Contributions may be sent and made payable to:

SMART-TD Disaster Relief Fund
24950 Country Club Blvd.
Suite 340
North Olmsted, OH 44070-5333

TD Members who have suffered damage or loss due to this storm can contact the SMART-TD office for an application for assistance by calling 216-227-5237.

Grand opening of Pullman National Monument and Pullman State Historic Site this weekend

The Pullman neighborhood in Chicago will be abuzz on Labor Day weekend 2021 for the grand opening of the Pullman National Monument Visitor Center and Pullman State Historic Site Factory Grounds. Pullman has been preparing for this moment for decades, and in earnest since President Barack Obama designated the Pullman National Monument in February 2015.

The public is welcome for a weekend of family friendly events on Saturday, Sept. 4, 10 a.m. to 6 p.m., and Sunday, Sept. 5, 9 a.m. to 4 p.m., including:

  • tours of the new visitor center (free)
  • tours of the first floor of historic Hotel Florence (free)
  • programs under the tent at the factory site (free)
  • walking tours and self-guided tours of the historic community (free)
  • tours of historic Pullman-built rail cars, sponsored by Amtrak, Metra and the American Association of Private Railroad Car Owners
  • car caravan, live music and more (free)

The Pullman National Monument and State Historic site is at 11001 S. Cottage Grove Ave., Chicago, IL 60628, the site of the former Pullman company town. The town was the vision of George M. Pullman, who founded it May 26, 1880. Pullman hoped that by building the town, he would attract skilled workers to build his luxury rail cars – known as the Pullman Sleeping Car, they were the first railcars in existence designed to accommodate overnight travelers.

Guests of the Pullman historic sites will find an exhibit chronicling the rise of the town and its role in labor history and the 1894 Pullman strike endorsed by labor leader Eugene Debs, a former secretary of one of SMART-TD’s predecessor unions, as well as the struggles of the black Pullman porters who formed the nation’s first black labor union – the Brotherhood of Sleeping Car Porters.

Visit this link to learn more about the Historic Pullman Foundation and the weekend’s planned activities. Follow this link to follow the foundation on Facebook.

The events this weekend are being managed by the Historic Pullman Foundation, which is led by former Federal Railroad Administration Administrator and retired UTU Illinois State Legislative Director Joseph C. Szabo, the president of the foundation.

“Historic Pullman Foundation is thrilled to help welcome the public to Pullman National Monument and Pullman State Historic Site, an incredible new cultural attraction in Chicago,” said Szabo. “On Labor Day weekend and through ongoing programming and exhibits at the Monument and its partner sites, visitors to Pullman have many opportunities to learn about the continuing American story that is Pullman.”

Senate bill benefits Amtrak, bus, transit members

WASHINGTON, D.C. — The U.S. Senate today passed the Infrastructure Investment and Jobs Act, its $1.2 trillion bipartisan legislation, by a 69-30 vote, sending the bill to the U.S. House of Representatives for consideration and taking a step to end a substantial period of largely flat federal investment in the nation’s roads, rails and bridges.

The bill contains $786 billion to address a backlog of national infrastructure needs, $66 billion for Amtrak and $39 billion for public bus, transit and subway systems.

“This legislation marks the end of a long period of stagnation in the upper chamber of Congress when it comes to putting additional money into the nation’s infrastructure,” SMART Transportation Division National Legislative Director Greg Hynes said. “There was a lot of talk of Infrastructure Week and the like in prior years, but nothing ever was accomplished with the bills dying in the Senate. Now we see a strong effort to protect bus and transit workers to shield them from assaults and a major influx of money that will allow Amtrak to provide expanded service and help its national passenger service to flourish. These are very encouraging signs and the bill’s passage is a major win for our Amtrak, bus and transit members.”

Absent from the Senate bill was a two-person freight crew provision that was passed through the U.S. House of Representatives’ infrastructure bill known as the INVEST in America Act (H.R. 3684). Yardmaster hours of service, also in the INVEST Act, suffered the same fate.

The 10 bipartisan senators who authored the Infrastructure Investment and Jobs Act did not include those items when writing the more than 2,700 pages of the legislation, and no amendment adding a 2PC provision was introduced by senators as the bill was considered for passage. Only bipartisan amendments were considered during the amendment process, and no Republican senators offered to co-sponsor the two-person-crew or yardmaster hours of service items as an amendment.

This does not close the door on national two-person crew bill efforts with House leaders, including Transportation and Infrastructure Committee Chairperson Peter DeFazio, Railroad Subcommittee Chair Donald Payne and other supporters of rail safety, working to find a vehicle to get a legislative solution passed. Regulatory efforts via the federal Department of Transportation and the Federal Railroad Administration will be intensified.

“We ask that members continue to be loud and clear about rail safety and the importance of a certified conductor and certified engineer being in the cab to elected officials via phone call, letter, and email and also by raising public awareness on social media,” Hynes said. “We have come further than we ever have in getting national two-person crew legislation accomplished this cycle. The battle is not over, and there is much more to be done.”

DeFazio on PSR: ‘Wall Street’s goal is to get wealthier — no matter the impact’

U.S. Rep. Peter DeFazio of Oregon, chairman of the House Transportation and Infrastructure Committee, responded to a recent Fortune Magazine column by a pair of economists who defended the rail industry’s Precision Scheduled Railroading (PSR) scheme and accused unions of hampering productivity.

DeFazio

DeFazio, along with New Jersey Rep. Donald Payne Jr., who is chairman of the Subcommittee on Railroads, Pipelines and Hazardous Materials, were two of the main architects of the INVEST in America Act (H.R. 3684), a surface transportation reauthorization bill that encompasses substantial investment in the nation’s infrastructure as well as in the safety of the people who keep the country moving that passed the U.S. House on July 1.

“PSR is not some fancy optimization strategy to increase freight volume or improve operations and reduce emissions; rather, it is a business strategy promoted by Wall Street to boost short-term profits,” DeFazio wrote.

He noted in his column that shippers, communities and the rail workforce all have been negatively affected by PSR.

“Let’s not forget that prior to COVID-19, from 2015 to 2019, the freight railroad industry slashed the average size of its workforce by over 17%,” DeFazio wrote. “It’s little wonder that STB Chairman Martin Oberman has sought information about how such a reduction may be related to or contributed to recent shipper complaints.”

Read DeFazio’s full column.

The INVEST in America Act looks to protect bus and transit workers from assault, improve school bus safety and maintain safe freight rail operations. It contains increased funding for Amtrak passenger rail service and protects the environment, the public and rail workers alike by putting into law the Rule of 2 — that, like a pilot and co-pilot in the air — a certified engineer and a certified conductor remain present in the cab of freight trains when operated through the nation’s communities.

The bill is under consideration by the U.S. Senate, and SMART-TD members are encouraged to send messages to their senators to pass H.R. 3684 for the sake of public and worker safety.

FTA launches Enhanced Transit Safety and Crime Prevention Initiative

Transit worker and rider safety is a top priority for the Biden-Harris Administration and the U.S. Department of Transportation. Public transit is a safe form of transportation. Transit workers should expect a safe workplace and riders should expect a safe trip.

To help ensure the continued safety of our nation’s public transit systems, the Federal Transit Administration launched the Enhanced Transit Safety and Crime Prevention Initiative to provide information and resources to help transit agencies address and prevent crime on their systems and protect transit workers and riders.

FTA resources can be used by transit agencies to prevent and address crime in their systems and protect transit workers and riders. These resources also can be used for overtime pay for enhanced security personnel presence, mental health and crisis intervention specialists.

FTA has partnered with the National Transit Institute (NTI) to provide training for transit and bus operators on assault awareness and prevention. The

Click here for a list of courses from the NTI.

Click here for more information about the Enhanced Transit Safety and Crime Prevention Initiative.

RRB: Unemployment and sickness benefits for railroad employees

The Railroad Retirement Board (RRB) administers the Railroad Unemployment Insurance Act (RUIA), which provides two kinds of benefits for qualified railroaders: unemployment benefits for those who become unemployed but are ready, willing and able to work; and sickness benefits for those who are unable to work because of sickness or injury. Sickness benefits are also payable to female rail workers for periods of time when they are unable to work because of health conditions related to pregnancy, miscarriage or childbirth. A new benefit year begins each July 1.

The following questions and answers describe these benefits, their eligibility requirements and how to claim them. At the time this news release was issued, unemployment and sickness benefit flexibilities were in place due to the COVID-19 pandemic. Because these flexibilities are temporary and may change, they are not covered in this release. Visit RRB.gov/coronavirus for up-to-date information.

1. What are the eligibility requirements for railroad unemployment and sickness benefits in July 2021?

To qualify for normal railroad unemployment or sickness benefits, an employee must have had railroad earnings of at least $4,137.50 in calendar year 2020, counting no more than $1,655 for any one month. Those who were first employed in the rail industry in 2020 must also have at least five months of creditable railroad service in 2020.

Under certain conditions, employees who do not qualify on the basis of their 2020 earnings may still be able to receive benefits in the new benefit year. Employees with at least 10 years of service (120 or more months of service) who received normal benefits in the benefit year ending June 30, 2021, may be eligible for extended benefits. Employees with at least 10 years of service (120 or more months of service) might qualify for accelerated benefits if they have railroad earnings of at least $4,275 in 2021, not counting earnings of more than $1,710 in any one month.

In order to qualify for extended unemployment benefits, a claimant must not have voluntarily quit work without good cause and not have voluntarily retired. To qualify for extended sickness benefits, a claimant must not have voluntarily retired and must be under age 65.

To be eligible for accelerated benefits, a claimant must have 14 or more consecutive days of unemployment or sickness; not have voluntarily retired or, if claiming unemployment benefits, quit work without good cause; and, when claiming sickness benefits, be under age 65.

2. What is the daily benefit rate payable in the new benefit year beginning July 1, 2021?

Almost all employees will qualify for the maximum daily benefit rate of $82. Benefits are generally payable for the number of days of unemployment or sickness over four in 14-day claim periods, which yields $820 for each two full weeks of unemployment or sickness. Sickness benefits payable for the first 6 months after the month the employee last worked are subject to Tier I Railroad Retirement payroll taxes, unless benefits are being paid for an on-the-job injury.

Claimants should be aware that as a result of a sequestration order under the Budget Control Act of 2011, the RRB will reduce unemployment and sickness benefits by 5.7% through September 30, 2021. Consequently, the total maximum amount payable in a 2-week period covering 10 days of unemployment or sickness will be $773.26. The maximum amount payable for sickness benefits subject to Tier I payroll taxes of 7.65% will be $714.11 over two weeks. Future reductions, should they occur, will be calculated based on applicable law.

(The temporary benefits created under the Coronavirus Aid, Relief, and Economic Security Act, Continued Assistance to Rail Workers Act of 2020 (CARWA), and American Rescue Plan Act of 2021 are not subject to sequestration. Under CARWA, beginning January 3, 2021, all benefits under the RUIA (including normal unemployment and sickness benefits as well as normal extended unemployment and sickness benefits) will be exempt from sequestration until 30 days after the Presidential declaration of a national emergency concerning COVID-19 terminates. The RRB will publish updated information regarding the status of the sequestration of RUIA benefits when the end date of the Presidential declaration of a national emergency is known.)

3. How long are these benefits payable?

Normal unemployment or sickness benefits are each payable for up to 130 days (26 weeks) in a benefit year. The total amount of each kind of benefit which may be paid in the new benefit year cannot exceed the employee’s railroad earnings in calendar year 2020, counting earnings up to $2,138 per month.

If normal benefits are exhausted, extended benefits are payable for up to 65 days (during seven consecutive 14-day claim periods) to employees with at least 10 years of service (120 or more cumulative service months).

4. What is the waiting period requirement for unemployment and sickness benefits?

There is a seven-day waiting period requirement, prior to any benefits becoming payable under the RUIA. During the first 14-day claim period, benefits are payable for every day claimed in excess of seven days. Subsequent claims are paid for the number of days of unemployment or sickness over four in each 14-day registration period. Initial sickness claims must also begin with four consecutive days of sickness. If an employee has at least five days of unemployment or five days of sickness in a 14-day period, he or she should still file for benefits in order to satisfy the waiting period for the current benefit year. Separate waiting periods are required for unemployment and sickness benefits. However, only one seven-day waiting period is generally required during any period of continuing unemployment or sickness, even if that period continues into a subsequent benefit year.

5. Are there special waiting period requirements if unemployment is due to a strike?

If a worker is unemployed because of a strike conducted in accordance with the Railway Labor Act, benefits are not payable for days of unemployment during the first 14 days of the strike, but benefits are payable during subsequent 14-day periods.

If a strike is in violation of the Railway Labor Act, unemployment benefits are not payable to employees participating in the strike. However, employees not among those participating in such an illegal strike, but who are unemployed on account of the strike, may receive benefits after the first two weeks of the strike.

While a benefit year waiting period cannot count toward a strike waiting period, the 14-day strike waiting period may count as the benefit year waiting period if a worker subsequently becomes unemployed for reasons other than a strike later in the benefit year.

6. Can employees in train and engine service receive unemployment benefits for days when they are standing by or laying over between scheduled runs?

No, not if they are standing by or laying over between regularly assigned trips or they missed a turn in pool service.

7. Can extra-board employees receive unemployment benefits between jobs?

Yes, but only if the miles and/or hours they actually worked were less than the equivalent of normal full-time work in their class of service during the 14-day claim period. Entitlement to benefits would also depend on the employee’s earnings.

8. How would an employee’s earnings in a claim period affect his or her eligibility for unemployment benefits?

If a claimant’s earnings for days worked, and/or days of vacation, paid leave or other leave in a 14-day registration period are more than a certain indexed amount, no benefits are payable for any days of unemployment in that period. That registration period, however, can be used to satisfy the waiting period.

Earnings include pay from railroad and non-railroad work, as well as part-time work and self-employment. Earnings also include pay that an employee would have earned except for failure to mark up or report for duty on time, or because he or she missed a turn in pool service or was otherwise not ready or willing to work. For the benefit year that begins July 2021, earnings of $1,655 or more in a claim period will disqualify a claim for unemployment benefits, even if there are more than 4 days of unemployment claimed. This amount corresponds to the base year monthly compensation amount used in determining eligibility for benefits in each year. Also, even if an earnings test applies on the first claim in a benefit year, this will not prevent the first claim from satisfying the waiting period in a benefit year.

Earnings of $15 or less per day from work which is substantially less than full-time and not inconsistent with the holding of normal full-time employment may be considered subsidiary remuneration and may not prevent payment of any days in a claim. However, a claimant must report all full and part-time work on each claim, regardless of the amount of earnings, so the RRB can determine if the work affects benefits.

9. How does a person apply for and claim unemployment benefits?

Employees can apply for and claim unemployment benefits online or by mail. Individuals who have established an account through myRRB at RRB.gov can log in and file their applications and their biweekly claims online. Employees who need to create an account should visit RRB.gov/myRRB and click on the button labeled Sign in with login.gov. Employees are encouraged to establish their accounts while still working to expedite the filing process for future unemployment benefits, and for access to other online services.

To apply by mail, claimants must obtain an Application for Unemployment Benefits (Form UI-1) from RRB.gov, their labor organization or railroad employer. The completed application should be mailed to the local RRB office as soon as possible and must be filed within 30 days from the date the claimant became unemployed, or the first day for which he or she wishes to claim benefits. Benefits may be lost if the application is filed late. Claimants filing a late unemployment application or claim should include a signed statement explaining why they are unable to meet the required time frame.

Persons can find the address of the RRB office serving his or her area by visiting RRB.gov and clicking on Field Office Locator, or by calling the agency toll-free at 1-877-772-5772 and selecting the appropriate option from the automated menu.

The local RRB field office reviews the completed application, whether it was submitted online or by mail, and notifies the claimant’s current railroad employer, and base-year employer, if different. The employer has the right to provide information about the benefit application.

After processing the application, biweekly claim forms are provided to the claimant for as long as he or she remains unemployed and eligible for benefits. If a claimant filed an online application, his or her claim forms are only made available online. If a claimant filed a paper application, his or her first claim form is both available online and mailed to him or her. If the claimant returns the paper claim, future claims will be mailed to him or her. If the claimant files the claim online, all subsequent claim forms will only be made available online, and will no longer be mailed. Claimants must not file both an online and a paper claim form for the same period(s). Claim forms should be signed and sent (online or by mail) on or after the last day of the claim. The completed claim must be received by the RRB within 15 days of the end of the claim period, or within 15 days of the date the claim form was made available online or mailed to the claimant, whichever is later.

Only one application needs to be filed during a benefit year, even if a claimant becomes unemployed more than once. However, in the case of multiple claim periods, a claimant must request a claim form from the RRB within 30 days of the first day for which he or she wants to resume claiming benefits. These claim forms may then be filed online or by mail.

10.  How does a person apply for and claim sickness benefits?

An Application for Sickness Benefits (Form SI-1a) can be obtained from RRB.gov, a railroad labor organization, or a railroad employer. Applications for sickness benefits must be submitted to the agency by mail. However, subsequent claims may be mailed, or completed online by employees who have established a myRRB account at RRB.gov.

An application including a doctor’s Statement of Sickness (Form SI-1b – included with form SI-1a) is required at the beginning of each period of continuing sickness for which benefits are claimed. Claimants should make a special effort to have the doctor’s statement of sickness completed promptly since claims cannot be paid without it.

The RRB suggests that employees keep an application for sickness benefits on hand, and that family members know where the form is kept and how to use it. If an employee becomes unable to work because of sickness or injury, the employee should complete the application and have his or her doctor complete the attached statement of sickness. If a claimant receives sickness benefits for an injury or illness for which he or she is paid damages, it is important to be aware that the RRB is entitled to reimbursement of either the amount of the benefits paid for the injury or illness or the net amount of the settlement, after deducting the claimant’s gross medical, hospital and legal expenses, whichever is less.

If the employee is too sick to complete the application, someone else may complete it for him or her. In such cases, a family member should also complete a Statement of Authority to Act for Employee (Form SI-10 included with form SI-1a), which accompanies the statement of sickness.

After completion, the forms should be mailed to the RRB’s headquarters in Chicago within 10 days from when the employee became sick or injured. However, applications received after 10 days but within 30 days of the first day for which an employee wishes to claim benefits are generally considered timely filed if there is a good reason for the delay. (Employees cannot currently file their sickness applications online.) Upon receipt, the RRB will process the application and determine if the employee is eligible for sickness benefits.

After processing the application and statement of sickness, the RRB makes the first biweekly claim form available online (for employees with myRRB accounts) and mails a paper form to the employee as long as he or she is eligible for benefits and remains unable to work due to illness or injury. Those choosing to file the paper claim received by mail should return the completed form to RRB headquarters for processing. If the claimant returns the paper claim, future claims will be mailed to him or her. If the claimant files the claim online, all subsequent claim forms will only be made available online, and will no longer be mailed. Claimants must not file both online and paper claim forms for the same claim period(s). Employees who need to create a myRRB account should visit RRB.gov/myRRB and click on the button labeled Sign in with login.gov.

Completed claim forms must be received at the RRB within 30 days of the last day of the claim period, or within 30 days of the date the claim form was made available online or mailed to the claimant, whichever is later. Benefits may be lost if an application or claim form is filed late. Claimants filing a late sickness application or claim form should include a signed statement explaining why they were unable to meet the required time frame.

Claimants are reminded that while claim forms for sickness benefits can be submitted online, applications for sickness benefits must be mailed to the RRB. Statements of sickness may be mailed with the sickness application or faxed directly from the doctor’s office to the RRB at 312-751-7185. Faxes must include a cover sheet from the doctor’s office. Also, in order to prevent a delay in processing applications or claims, employees are advised against sending any sickness benefit forms to the RRB in Chicago via certified mail.

11. Is a claimant’s employer notified each time a biweekly claim for unemployment or sickness benefits is filed?

The RUIA requires the RRB to notify the claimant’s base-year employer each time a claim for benefits is filed. That employer has the right to submit information relevant to the claim before the RRB makes an initial determination on the claim. Benefits may not be paid at this time but the employee will receive a notice and have the right to appeal. In addition, if a claimant’s base-year employer is not his or her current employer, the claimant’s current employer is also notified. The RRB must also notify the claimant’s base-year employer each time benefits are paid to a claimant. The base-year employer may protest the decision to pay benefits. Such a protest does not prevent the timely payment of benefits. However, a claimant may be required to repay benefits if the employer’s protest is ultimately successful. The employer also has the right to appeal an unfavorable decision to the RRB’s Bureau of Hearings and Appeals.

The RRB also conducts checks with other Ffederal agencies and all 50 states, as well as the District of Columbia and Puerto Rico, to detect fraudulent benefit claims, and it checks with physicians to verify the accuracy of medical statements supporting sickness benefit claims.

12. How long does it take to receive payment?

Under the RRB’s Customer Service Plan, if a claimant files an application for unemployment or sickness benefits, the RRB will release a claim form or a denial letter within 10 days of receiving his or her application. If a claim for subsequent biweekly unemployment or sickness benefits is filed, the RRB will certify a payment or release a denial letter within 10 days of the date the RRB receives the claim form. If the claimant is entitled to benefits, his or her benefits will generally be paid within one week of that decision.

If a claimant does not receive a decision notice or payment within the specified time period, he or she may expect an explanation for the delay and an estimate of the time required to make a decision.

However, some claims for benefits may take longer to handle than others, especially if they are more complex, or if an RRB office has to get information from other people or organizations, or under special circumstances such as the current pandemic.

Claimants who think an RRB office made the wrong decision about their benefits have the right to ask for review and to appeal. They will be notified of these rights each time an unfavorable decision is made on their claims.

13. How are payments made?

Railroad unemployment and sickness insurance benefits are paid by direct deposit to an employee’s bank, savings and loan, credit union or other financial institution. New applicants for unemployment and sickness benefits will be asked to provide information needed for direct deposit enrollment.

14. How can claimants get more information on their railroad unemployment or sickness claims?

Claimants with myRRB accounts can view their individual railroad unemployment and sickness insurance account statement by using the View RUIA Account service. This statement displays the type and amount of the claimant’s last five benefit payments, the claim period for which the payments were made, and the dates that the payments were approved. Individuals can also confirm the RRB’s receipt of applications and claims.

In addition, claimants can call the agency toll-free at 1-877-772-5772 to access information about the status of unemployment and sickness claims or payments 24 hours a day, 7 days a week. Individuals with questions about unemployment or sickness benefits, or who need information about their specific claims and benefit payments, can send a secure e-mail to their local office by accessing the Field Office Locator at RRB.gov and clicking on the link at the bottom of their local office’s page. If a customer needs to talk to an RRB employee, they can call the agency’s toll-free number (1-877-772-5772). However, customers are asked to be patient because of the increase in call volume due to the closure to the public of RRB offices during the COVID-19 pandemic.

DIPP offering new daily benefit level beginning in September!


SMART Transportation Division and the Trustees of the Discipline Income Protection Program (DIPP) are pleased to announce a new maximum daily benefit level for program participants beginning Sept. 1, 2021.

Participants will now have the option to elect a $250 daily benefit at a cost of $202.50 per month.

As always, participants in DIPP have the choice to choose the level of protection they want, currently from $6 to $200 per day. The duration of the coverage period (days), ranges from 200 to 365 days and depends on how long a participant has been enrolled in the program. The new maximum daily benefit will provide yet another level of financial protection and peace of mind when a member’s income is at risk. DIPP has a long tradition of shielding SMART-TD members if they are suspended, dismissed or removed from service by the carrier for alleged violation of rules or operating procedures and pays out millions of dollars to participants annually.

If interested in joining DIPP or increasing your existing daily benefit level, TD members should contact their Regional Insurance Manager / Field Supervisor or email DIPP_TD@smart-union.org or write to Discipline Income Protection Program, 24950 Country Club Blvd., Ste. 340, North Olmsted, OH 44070-5333.

For more information on DIPP, visit us on the web at www.smart-union.org/td/dipp.


Did you know that any member in good standing with SMART-TD can be appointed to the position of DIPP Representative and be compensated from the Plan for any direct sales?

If interested, please contact your Regional Insurance Manager / Field Supervisor or email DIPP_TD@smart-union.org for further details.

Nuria Fernandez confirmed by Senate to lead FTA

By voice vote June 10, the U.S. Senate confirmed Nuria Fernandez as the 15th administrator of the Federal Transit Administration (FTA).

Fernandez

Fernandez joined the Biden administration as deputy administrator of the agency on Jan. 21 and had served as the senior FTA official until her confirmation.

Her prior experience includes as general manager/CEO of the Santa Clara Valley Transportation Authority (VTA), chief operating officer of the New York Metropolitan Transportation Authority, and senior VP of design and construction for the Chicago Transit Authority and the Washington Metropolitan Area Transit Authority. She also served as Commissioner for the Chicago Department of Aviation, overseeing O’Hare and Midway airports.

Fernandez served as acting FTA administrator for the Bill Clinton administration in 1997 and is a past chair of the American Public Transportation Association from 2019-20.

INVEST Act passes committee with safety measures, including two-person crew, intact

After a session that began the morning of June 9 and carried on overnight into the pre-dawn hours of June 10, the INVEST in America Act passed out of the U.S. House Transportation and Infrastructure Committee with two-person crew and other provisions important to SMART Transportation Division members intact.

“We are one step closer to success,” SMART Transportation Division National Legislative Director Greg Hynes said. “This was a marathon session, but one that had the best possible outcome for our members. We thank the committee members for their work and now turn our focus to getting the legislation’s passage in the full House.”

The bill, H.R. 3684, a five-year, $547 billion surface transportation reauthorization bill, now moves to the full House for consideration after passing the committee 38-26. Two Republicans, Brian Fitzpatrick of Pennsylvania and Jenniffer Gonzalez-Colon of Puerto Rico, voted along with 36 Democrats on the committee to pass the bill.

Peter DeFazio, chairman of the U.S. House Transportation and Infrastructure Committee, bangs the gavel after passage of the 2021 INVEST in America Act on June 10. (Screen capture from House T&I Committee YouTube)

“I commend my colleagues for their hard work helping craft these two bills to deliver what Americans expect and deserve: safe roads and bridges, reliable transit options and a robust passenger rail network, wastewater systems that aren’t on the brink of failure, and a commitment to address the existential threat of climate change,” said Chair Peter DeFazio (D-Ore.). “In many ways, the choice couldn’t be easier—because the best part of rebuilding our infrastructure for the modern era is the incredible opportunity for our nation that comes with it. We’re talking millions of good-paying jobs that can’t be exported, real and sustained support for U.S. manufacturing, and the chance to make our nation a world leader once again. This is a once-in-a-generation opportunity that we can’t afford to miss.”

H.R. 3684 contains many provisions important to SMART-TD members.

The bill triples funding for Amtrak to $32 billion, allowing for enhanced service, ADA upgrades, and investments to renew and support service on the Northeast Corridor and long-distance and state-supported routes. Similar to a 2020 version of the bill, provisions of the legislation mandate two-person freight rail crews and take steps to address the problems of bus operator and transit worker assault as well as other issues faced by SMART-TD’s bus, rail and transit members.

Early Thursday, U.S. Rep. Scott Perry of Pennsylvania withdrew Amendment 091 that would have struck the two-person crew freight requirement.

Before his withdrawal, Perry argued in a glitchy video that Positive Train Control and technology made creating a federal crew standard unnecessary.

“It should be one or the other, not all the technology and then also with all the manpower. All it does is add additional cost to the freight rail system and the cost to consumers,” he said before his withdrawal.