§231q Crediting service under Social Security Act

Summary

Work done by people who are railroad employees is usually not counted as "employment" for Social Security. But for certain benefit calculations, that railroad work must be counted. If a worker has less than 10 years of railroad service (or less than 5 years if all that service happened after December 31, 1995), Social Security must count that work when figuring the worker’s monthly insurance benefits and similar benefits for people who depend on them while they are alive. Social Security must also count the work when figuring monthly and lump‑sum death benefits if the worker had less than 10 years (or less than 5 years all after December 31, 1995), or if the worker had 10 or more years (or 5 or more all after December 31, 1995) but was not connected to the railroad when they died. Pay for a calendar year is assumed to be spread evenly across the months the person worked unless there is proof otherwise. When counted this way, all that railroad service is treated as if it happened inside the United States.