Rule2026-10078
Annuity Beginning and Ending Dates
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 20, 2026
Effective
June 22, 2026
Issuing agencies
Railroad Retirement Board
Abstract
The Railroad Retirement Board amends its regulations to remove limitations on the beginning date of an employee annuity under the Railroad Retirement Act based on attaining age 60 with 30 years of railroad service. As currently written, the regulation requires a claimant to accept a reduced monthly benefit in order to begin the annuity on the first day of the first full month in which the claimant attains age 60. This requirement is no longer consistent with the statutory criteria in the Railroad Retirement Act for the earliest annuity beginning date permitted by law and is therefore facially unlawful.
Full Text
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<title>Federal Register, Volume 91 Issue 97 (Wednesday, May 20, 2026)</title>
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[Federal Register Volume 91, Number 97 (Wednesday, May 20, 2026)]
[Rules and Regulations]
[Page 29362]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10078]
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RAILROAD RETIREMENT BOARD
20 CFR Part 218
RIN 3220-AB81
Annuity Beginning and Ending Dates
AGENCY: Railroad Retirement Board.
ACTION: Direct final rule.
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SUMMARY: The Railroad Retirement Board amends its regulations to remove
limitations on the beginning date of an employee annuity under the
Railroad Retirement Act based on attaining age 60 with 30 years of
railroad service. As currently written, the regulation requires a
claimant to accept a reduced monthly benefit in order to begin the
annuity on the first day of the first full month in which the claimant
attains age 60. This requirement is no longer consistent with the
statutory criteria in the Railroad Retirement Act for the earliest
annuity beginning date permitted by law and is therefore facially
unlawful.
DATES: This rule is effective June 22, 2026.
FOR FURTHER INFORMATION CONTACT: Peter J. Orlowicz, Senior Counsel,
Railroad Retirement Board, 844 North Rush Street, Chicago, IL 60611-
1275, (312) 751-4922.
SUPPLEMENTARY INFORMATION: Section 2(a)(1)(ii) of the Railroad
Retirement Act, 45 U.S.C. 231a(a)(1)(ii), provides for annuities to be
paid to railroad workers who file an application for an annuity and who
have attained age 60 and completed 30 years of railroad service. Prior
to 2001, section 3(a)(3) of the Act required that when an employee
began receiving such an annuity prior to attaining age 62, the amount
of the annuity would be reduced in the same manner as early retirement
benefits under the Social Security Act. See 45 U.S.C. 231b(a)(3)
(1999). Consistent with the law prior to 2001, the Railroad Retirement
Board's regulations at 20 CFR 218.9(d) state the earliest annuity
beginning date permitted by law for an annuity based on 30 years of
service is the latest of the following:
(1) The day after the day the claimant last worked for a railroad
employer;
(2) The first day of the first full month in which the claimant is
age 60 and will accept a reduced annuity;
(3) The first day of the month in which the claimant attains age
62; or
(4) The first day of the sixth month before the month in which the
application is filed.
Section 102 of the Railroad Retirement and Survivors' Improvement
Act of 2001 amended section 3(a) of the Railroad Retirement Act to
remove this reduction for annuities based on attaining age 60 with 30
years of railroad service. Public Law 107-90, 102 (Dec. 1, 2001).
Instead, individuals entitled to an annuity based on attaining age 60
with 30 years of railroad service are deemed to have attained full
retirement age under the Social Security Act and the individual may
receive an unreduced annuity beginning at age 60. 45 U.S.C. 231b(a)(2).
Although the Board implemented the statutory amendments in the Railroad
Retirement and Survivors' Improvement Act of 2001 in policy and
practice to permit an unreduced annuity to begin at age 60 with 30
years of service, the regulation at 20 CFR 218.9(d) was not updated to
reflect these statutory amendments.
As part of its review of regulations directed by Executive Order
14219, Ensuring Lawful Governance and Implementing the President's
``Department of Government Efficiency'' Deregulatory Initiative (Feb.
19, 2025), the Board identified this provision purporting to require
claimants to accept a reduced annuity as a condition of beginning an
annuity at age 60 with 30 years of railroad service as facially
unlawful and in conflict with the statutory criteria in the Railroad
Retirement Act for receiving such an annuity. In accordance with the
Presidential memorandum of April 9, 2025, directing the repeal of
unlawful regulations, the Board is amending its regulations at 20 CFR
218.9(d) to remove this facially unlawful condition. Pursuant to the
memorandum, notice and comment proceedings are unnecessary and contrary
to the public interest because the statutory criteria of the Railroad
Retirement Act controls the earliest annuity beginning date permitted
by law and the application or non-application of reductions to an
annuity, with no discretion left to the agency. Therefore, no comments
are being requested.
Regulatory Analysis
Executive Order 12866, as Supplemented by Executive Order 13563
The Board, with the Office of Management and Budget, has determined
that this is not a significant regulatory action under Executive Order
12866, as supplemented by Executive Order 13563. Therefore, no
regulatory impact analysis is required.
Regulatory Flexibility Act
The Board certifies that this direct final rule would not have a
significant economic impact on a substantial number of small entities
because it affects only individuals.
Paperwork Reduction Act
This direct final rule imposes no reporting or recordkeeping
requirements subject to Office of Management and Budget clearance.
List of Subjects in 20 CFR Part 218
Railroad retirement, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, the Railroad Retirement
Board amends 20 CFR part 218 as follows:
PART 218--ANNUITY BEGINNING AND ENDING DATES
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1. The authority citation continues to read as follows:
Authority: 45 U.S.C. 231f(b)(5).
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2. Amend Sec. 218.9 as follows:
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a. Revise paragraph (d)(2);
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b. Remove paragraph (d)(3); and
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c. Redesignate paragraph (d)(4) as paragraph (d)(3).
The revision reads as follows:
Sec. 218.9 When an employee annuity begins.
* * * * *
(d) * * *
(2) The first day of the first full month in which the claimant is
age 60; or
* * * * *
Dated: May 18, 2026.
By Authority of the Board.
Sarah Kreydich,
Administrative Specialist.
[FR Doc. 2026-10078 Filed 5-19-26; 8:45 am]
BILLING CODE 7905-01-P
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