A service month is any calendar month, or any part of a calendar month that
an employee receives compensation for services performed for a railroad
employer; or a period of time for which an employee receives compensation which
is paid for time lost as an employee. A service month is a unit of credit used
to determine eligibility for railroad retirement, unemployment and sickness
benefits, as well as the amount of such benefits.
Service Months Reported by Labor
Employers
A service month is reported for a calendar month in which an employee either
actively or constructively rendered compensated service or received pay for time
lost for an identifiable period of absence from active service. A service month
should be reported even if the payment of compensation for the service is not
made until a later month. Constructively performing service means that the
employee is not actively working, but is being paid under a plan whose
construction or legal interpretation yields the same result as actively
performing work. A paid vacation period is the primary example of constructive
service. There is no minimum time worked or compensation amount required, for a
month of service.
In order for service to local lodges to be considered creditable, there are
two other requirements that must be met. First, the compensation for the service
must be at least $25 a month. Second, the employee must have, at some previous
time, rendered creditable railroad service to a carrier employer.
Example of a Creditable Service Month
Example: An employee begins
employment on February 27 but is not paid until March. The employee works until
November 27 and resigns. The last pay is received in December. The employee is
entitled to service month credit for February through November.
Service Month and Earnings Maximum
A service month should be reported for every month in which service was
performed regardless of when the maximum creditable compensation bases are
attained. If an employee works in all twelve months of the year but reaches the
Tier I creditable earnings base in October, the employer should credit the
employee with twelve months of service, not ten.
Deemed Service Months
The RRB will credit deemed service months directly to an employee's record.
Service months are deemed when an employee does not have all twelve months
reported in the year, but has sufficient Tier II compensation and has an
employment relationship in months not reported. (See Chapter 2)
Determining the Number of Deemed Service
Months
To determine the maximum number of deemed months for an employee for a year,
Multiply the number of reported service months by 1/12 the annual Tier II
maximum compensation for the year; and
Subtract this product from the reported Tier II compensation.
If the result is zero or negative, no deemed months are possible. If the
result is a positive amount,
Divide by 1/12 the Tier II maximum compensation; and
Round up to a whole number.
This is the maximum or potential number of deemed service months. The actual
number of deemed months depend on whether the employee has an employment
relation in the months not worked. (Refer to Part VII,
Chapter 3 for additional information on deeming service
months.)
Military Service
A period of military service which meets specific conditions may also be
credited as service months for railroad retirement and unemployment and sickness
benefits. Creditable military service, however, is outside the scope of labor
employer reporting responsibilities because it is the responsibility of the
employee to submit their military service to the RRB.
Adverse Effect of Erroneous Service
Months
Reporting a service month when no service month is creditable can adversely
affect both the employee and the employer. The employee may be denied benefits
for the month of reported service or may have received benefits in excess of the
correct amount based on the erroneous service month.
Employment Relation and Service Months
Both reported and deemed service may only be credited for a month in which an
employment relation exists with a railroad employer. In other words, service can
only be reported for a month in which an individual was an employee. When a
person becomes a former employee, for whatever reason, the employment relation
ends and service cannot be credited after that month.
Additional Information
See
Chapter
2 of this Part for information about how an
employee's employment relationship effects the crediting of service months.
See
Chapter 4 of
this Part for information on the options for reporting creditable compensation,
whether on an earned or paid basis, and how this relates to reporting service
months.
See
Part IV, Chapter 5
for a discussion of service months and vacation payments in lieu of vacation
taken.
See
Part IV, Chapter 7
for an explanation of why deemed months should not be considered in awarding
pay-for-time-lost.
See
Part VII, Chapter 3 for
information about the procedure the RRB uses to obtain information about an
employee's employment relation for purposes of deeming service.