Rule2026-16251
Jurisdiction Determinations
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
August 10, 2026
Effective
September 9, 2026
Issuing agencies
Railroad Retirement Board
Abstract
The Railroad Retirement Board amends its regulations to reflect statutory amendments granting jurisdiction to the Board to pay benefits under the Railroad Retirement Act and under Title II of the Social Security Act to railroad employees and auxiliary beneficiaries who have less than ten years of railroad service, but at least five years after 1995. The amendment also adds divorced spouses to the list of auxiliary beneficiaries to whom the Board will pay benefits in accordance with controlling law. The existing regulation is no longer consistent with the statutory criteria in the Railroad Retirement Act for jurisdictional determinations and is therefore facially unlawful.
Full Text
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<title>Federal Register, Volume 91 Issue 152 (Monday, August 10, 2026)</title>
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[Federal Register Volume 91, Number 152 (Monday, August 10, 2026)]
[Rules and Regulations]
[Pages 51385-51386]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-16251]
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RAILROAD RETIREMENT BOARD
20 CFR Part 221
RIN 3220-AB83
Jurisdiction Determinations
AGENCY: Railroad Retirement Board.
ACTION: Final rule.
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SUMMARY: The Railroad Retirement Board amends its regulations to
reflect statutory amendments granting jurisdiction to the Board to pay
benefits under the Railroad Retirement Act and under Title II of the
Social Security Act to railroad employees and auxiliary beneficiaries
who have less than ten years of railroad service, but at least five
years after 1995. The amendment also adds divorced spouses to the list
of auxiliary beneficiaries to whom the Board will pay benefits in
accordance with controlling law. The existing regulation is no longer
consistent with the statutory criteria in the Railroad Retirement Act
for jurisdictional determinations and is therefore facially unlawful.
DATES: This rule is effective September 9, 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 of the Railroad Retirement Act
directs the Railroad Retirement Board to pay annuities to eligible
railroad employees, spouses, divorced spouses, and survivors of a
deceased railroad employee. 45 U.S.C. 231a. Section 7(b)(2) of the
Railroad Retirement Act also directs the Board to provide for payment
of monthly benefits under Title II of the Social Security Act for
individuals who meet the minimum railroad service requirement to
receive an annuity under the Railroad Retirement Act and their
auxiliary beneficiaries. 45 U.S.C. 231f(b)(2). For individuals that do
not meet this requirement, the Board transfers jurisdiction of their
Title II benefits to the Social Security Administration for payment,
and their railroad service becomes creditable under the Social Security
Act pursuant to section 18 of the Railroad Retirement Act. 45 U.S.C.
231q. The Board's regulations at 20 CFR part 221 implement this
statutory requirement.
Section 103 of the Railroad Retirement and Survivors' Improvement
Act of 2001 amended the vesting requirement for railroad employees and
auxiliary beneficiaries to receive annuities under the Railroad
Retirement Act. Public Law 107-90, 115 Stat. 880 (Dec. 21, 2001). Prior
to this enactment, railroad employees had to accrue ten years (120
months) of railroad service creditable under the Railroad Retirement
Act to qualify for an annuity under the Act for themselves, their
spouse, or their survivors, and for the Board to pay Title II benefits
for those individuals. Section 103 expanded annuity eligibility to
include employees who had less than ten years of railroad service, but
at least five years of railroad service that all accrued after December
31, 1995 (and their auxiliary beneficiaries, if other eligibility
criteria were met). Although the Board implemented the statutory
amendments in section 103 of the Railroad Retirement and Survivors'
Improvement Act of 2001 in policy and practice to properly keep
jurisdiction of Title II benefits and railroad retirement annuities for
individuals with less than ten years of creditable railroad service,
but at least five years after December 31, 1995, the regulations at 20
CFR part 221 were not updated to reflect these statutory amendments.
Additionally, section 1122 of the Omnibus Budget Reconciliation Act
of 1981 amended section 7(b)(2) of the Railroad Retirement Act to
authorize the Board to maintain jurisdiction for payment of Title II
benefits for divorced spouses of railroad workers who met the minimum
railroad service requirement. Public Law 97-35, 95 Stat. 638 (Aug. 13,
1981); 45 U.S.C. 231f(b)(2). The regulations at 20 CFR part 221 do not
properly reflect this authority. Finally, the Board is correcting a
cross-reference to another part of the Board's regulations that no
longer exists.
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 part purporting to transfer
jurisdiction of benefits for divorced spouses and for individuals with
less than ten years of creditable railroad service, but at least five
years after December 31, 1995 to the Social Security Administration for
payment 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 revising its
regulations at 20 CFR part 221 to reflect current law. 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 jurisdictional determination of which
agency pays benefits to affected individuals. 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 221
Claims, Railroad retirement, Social security.
For the reasons stated in the preamble, the Railroad Retirement
Board amends 20 CFR part 221 as follows:
PART 221--JURISDICTION DETERMINATIONS
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1. The authority citation for part 221 is revised to read as follows:
Authority: 45 U.S.C. 231f(b)(1), (b)(2); 45 U.S.C. 231f(d); 45
U.S.C. 231q.
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2. In Sec. 221.1, revise the second sentence to read as follows:
Sec. 221.1 Introduction.
* * * The agency that has jurisdiction over the payment of benefits
also has jurisdiction of the applicant's Medicare coverage as described
in section 7(d) of the Railroad Retirement Act . * * *
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3. Revise Sec. 221.2 to read as follows:
[[Page 51386]]
Sec. 221.2 Railroad Retirement Board jurisdiction.
(a) Life cases. The Board has jurisdiction to pay monthly benefits
to each living employee who has completed at least ten years (120
months) of creditable service under the Railroad Retirement Act (or
five years (60 months) of service, all of which accrues after December
31, 1995), and to his or her eligible spouse or divorced spouse.
Creditable service is described in part 220 of this chapter.
(b) Death cases. The Board has jurisdiction to pay monthly benefits
or lump-sum death benefits to eligible survivors of a deceased
employee, when the deceased employee has at least ten years (120
months) of service that is creditable under the Railroad Retirement Act
(or five years (60 months) of service, all of which accrues after
December 31, 1995) and a current connection as described in part 216 of
this chapter. Lump-sum death benefits are described in part 234 of this
chapter. The Board also has jurisdiction to pay any residual benefits
that may become payable at the death of an employee. Residual benefits
are described in part 234 of this chapter. The Board retains
jurisdiction to pay any residual benefit that may be payable even after
jurisdiction has been transferred to the Social Security Administration
as described in Sec. 221.3.
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4. Revise Sec. 221.3 to read as follows:
Sec. 221.3 Social Security Administration jurisdiction.
The Board transfers jurisdiction for benefits payable on any
employee's earnings record (including railroad service and compensation
credits earned by the employee, which the Social Security
Administration considers in determining benefits payable as directed by
section 18 of the Railroad Retirement Act) to the Social Security
Administration when--
(a) Life and death cases. A living or deceased employee has less
than ten years (120 months) of service and less than five years (60
months) of service after December 31, 1995 that is creditable under the
Railroad Retirement Act; or
(b) Death cases. A deceased employee has at least ten years (120
months) of service or at least five years (60 months) of service after
December 31, 1995 that is creditable under the Railroad Retirement Act
(see part 220 of this chapter) but does not have a current connection
with the railroad industry as described in part 216 of this chapter.
Dated: August 6, 2026.
By Authority of the Board.
Stephanie Hillyard,
Secretary to the Board.
[FR Doc. 2026-16251 Filed 8-7-26; 8:45 am]
BILLING CODE 7905-01-P
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