# SSR 62-14: SSR 62-14. WAGES -- RAILROAD COMPENSATION CREDITABLE UNDER SOCIAL SECURITY ACT

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_14

## Section

- **Citation:** SSR 62-14
- **Heading:** SSR 62-14. WAGES -- RAILROAD COMPENSATION CREDITABLE UNDER SOCIAL SECURITY ACT
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / OASI / Definition of Employment/Employee / SSR 62-14

## Text

M filed an application for old-age insurance benefits at age 87. His
application, filed in June 1961, can entitle him to benefits beginning
June 1960 if he was fully insured in that month. Since he attained age 65
before July 1954, he is fully insured in June 1960 if by the end of that
month he had at least 6 quarters of coverage.

His social security earnings record showed no earnings at all, and on
such record he would have no quarters of coverage. However, in connection
with his application, M stated that he had worked as an employee of a
railroad during several years, all occurring after 1936, but had never
filed application for an annuity under the Railroad Retirement Act. This
statement was verified by the Railroad Retirement Board, which certified
the following additional information to the Social Security
Administration: M had performed railroad service in 48 months during the
period 1942-1946, and was credited for those years with compensation
totalling $1,387 and with 17 compensation quarters of coverage under the
Railroad Retirement Act.

M's entitlement to old-age insurance benefits thus depends upon whether
the compensation for his railroad service is creditable as wages under the
Act; if it is not creditable, M is not fully insured and cannot be
entitled to the benefits claimed.

As pertinent in this case, wages are defined in section 209 of the Act as
remuneration for employment; employment is defined in section 210(a) as
service performed by an employee for an employer, except that certain
types of service are excluded. Among these exclusions is service performed
as an employee of a railroad, such service being covered under another
Federal program, the Railroad Retirement Act. The exclusion is made by
what is now section 210(a)(9) of the Social Security Act.
t; employment is defined in section 210(a) as
service performed by an employee for an employer, except that certain
types of service are excluded. Among these exclusions is service performed
as an employee of a railroad, such service being covered under another
Federal program, the Railroad Retirement Act. The exclusion is made by
what is now section 210(a)(9) of the Social Security Act.

However, the Railroad Retirement Act was amended in 1951 to provide that
after October 29, 1951, no retirement or survivor annuity may be awarded
under that Act for a worker who has not completed 10 years of railroad
service. Section 5(k)(1) of the Railroad Retirement Act was amended at the
same time to provide, in effect, as follows: the provisions of what is now
section 210(a)(9) of the Social Security Act shall not exclude railroad
service from "employment" under the latter Act if such service would
otherwise constitute employment under that Act, for purposes of
determining entitlement to benefits on the earnings record of a worker who
has not completed 10 years of railroad service. This amendment does not
apply in cases where a retirement or survivor annuity based on less than
10 years of railroad service was awarded under the Railroad Retirement Act
before October 30, 1951, and such annuity is currently payable.

Under Regulations No. 4 §§ 404.1408 and 404.1410, compensation received
by a person for railroad service which is considered employment under
section 210 of the Social Security Act shall be treated as wages; and
where the Railroad Retirement Board has certified to the Administration in
such a case that the worker has a specified number of compensation
quarters of coverage under the Railroad Retirement Act, he will be
presumed, in the absence of evidence to the contrary, to have an equal
number of quarters of coverage under the Social Security Act.
cial Security Act shall be treated as wages; and
where the Railroad Retirement Board has certified to the Administration in
such a case that the worker has a specified number of compensation
quarters of coverage under the Railroad Retirement Act, he will be
presumed, in the absence of evidence to the contrary, to have an equal
number of quarters of coverage under the Social Security Act.

Since M had less than 10 years of railroad service and had never been
awarded an annuity under the Railroad Retirement Act, it is held that his railroad service performed after 1936 under conditions which meet
the requirements of the definition of employment under the Social Security
Act, must be treated as covered employment, and the $1,387 compensation
for such service must be treated as wages. Also, since there is no
evidence to the contrary, he is presumed to have 17 quarters of coverage
in the years 1942-1946 by reason of he compensation quarters of coverage
certified by the Railroad Retirement Board.

Therefore, M was fully insured in June 1960 and is entitled to old-age
insurance benefits beginning with that month.

## Nearby sections

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- [SSR 62-14 SSR 62-14. WAGES -- RAILROAD COMPENSATION CREDITABLE UNDER SOCIAL SECURITY ACT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_14.md)
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- [SSR 70-20c SSR 70-20c: SECTIONS 210(a)(9) and 223(c)(1)(B). -- DISABILITY INSURANCE BENEFITS -- INSURED STATUS -- CREDITING OF RAILROAD SERVICE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_20c.md)
- [SSR 72-58 SSR 72-58: SECTION 210(j)(2) (42 U.S.C. 410(j)(2)). -- EMPLOYER-EMPLOYEE RELATIONSHIP -- STATUS OF SECURITIES SALESMEN](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_72_58.md)
- [SSR 73-11 SSR 73-11: Rescinded 1984](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_73_11.md)
- [SSR 73-13 SSR 73-13: SECTION 210(j)(2) 42 U.S.C. 410(j)(2). -- EMPLOYER-EMPLOYEE RELATIONSHIP -- STATUS OF PATIENT HELPERS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_73_13.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_14. Check the current official text before relying on it. Not legal advice.
