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Social Security

The Social Security system is designed to provide insured workers and their dependents or survivors with some protection against the loss of worker's income due to retirement, disability, or death. Created in 1935, the system is administered by the U.S. Social Security Administration and is divided into four parts: Old Age, Survivors, Disability, and Health Insurance Programs.

Coverage - Almost all workers are covered automatically by the Social Security program. Workers in non-profit organizations and government entities should check with their employers to verify membership in the Social Security program.

Benefit Eligibility - Eligibility is based on contributions to the system during the working life of the individual. Benefits are financed by payroll taxes paid jointly by employers and employees and by the self-employed. To receive benefits, persons must have a sufficient number credits, usually 40 (10 years of work).

Social Security Protection Act of 2004 (Public Law 108-203) - Under this law, which covers retirements effective July 1, 2004, public employees are required to work in jobs covered by Social Security for the last five years (60 months) of their careers in order to be eligible for both Social Security and Pension Benefits. Under the previous law, if a person worked as little as the last day of their careers in jobs covered by Social Security they were eligible for both benefits.

Retirement Age/Benefits - Workers covered by Social Security may retire with full benefits at age 65 if they were born in 1937 or earlier.  The normal retirement age for full benefits will begin increasing until it reaches age 67 for people who become 62 in 2022.  If your full retirement age is older than 65 (that is, you were born after 1937), you still will be able to take your retirement benefits at age 62, but the reduction in your benefit amount will be greater than it is for people retiring now.

Here's how it works.  If your full retirement age is 67, the reduction for starting your benefits at:

  • 62 is about 30 percent;
  • age 63 is about 25 percent;
  • age 64 is about 20 percent;
  • age 65 is about 13 and 1/3 percent; and
  • age 66 is about 6 and 2/3 percent.

As a general rule, early retirement will give you about the same total Social Security benefits as full retirement over your lifetime, but in smaller amounts to take into account the longer period you will receive them.

Delayed Retirement Credit - The delayed retirement credit increases Social Security benefits for every month a person of normal retirement age remains employed and delays receiving benefits. The amount of the delayed retirement credit depends on the year you reach retirement age and the number of months you are eligible for and do not receive benefits.

Earnings Limitations - Social Security no longer places restrictions on earnings for beneficiaries above the normal retirement age (NRA) if your earnings exceed a certain level. The NRA is age 65 for those born before 1938, and it will gradually increase to age 67. For clarification on how this change will affect your benefits, contact Social Security.

Direct Deposit - Individuals who currently get Social Security or other federal benefits by check in the mail can now have those benefits deposited directly into their checking or savings accounts instead. Direct deposit is convenient and helps protect you from having your check and/or your identity stolen. To sign up for direct deposit call toll-free 1-800-333-1795, or sign up on-line at www.godirect.org. It takes just a few minutes and can make a big difference in your financial safety.

Social Security Benefit Statement/Taxes - Some time in January of each year, the Social Security Administration will send each beneficiary a Social Security Benefit Statement (Form SSA-1099-SM). This statement tells you how much you received in Social Security benefits during the previous year and provides a worksheet to determine if any of your benefits are taxable. If the only income you received was your social security or equivalent tier I Railroad Retirement benefits, your benefits will not be taxed unless your modified adjusted gross income is more than the base amount for your filing status.

Social Security Toll-Free Service
To assist persons in knowing what their benefits are, or will be, the Social Security Administration maintains a nationwide, 24-hour toll-free service -- 1-800-772-1213. The telephone is staffed weekdays between 7:00 AM and 7:00 PM. People who are deaf or hard of hearing may call toll-free "TTY" 1-800-325-0778. All information is confidential and must be requested by the recipient/prospective recipient personally.

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Disability Insurance

Eligibility - Workers who become severely disabled while employed may be eligible for monthly benefits before age 65. However, to be eligible for disability benefits, a worker must be covered by Social Security and should apply for such benefits as soon as possible after the onset of the disability.

Initial Determination of Impairment - In NJ, the NJ Department of Labor and Workforce Development makes the initial determination of disability. Evidence of medical impairment must be provided by the doctor, hospital, or clinic providing treatment for the impairment, and that, as a result of the impairment, "substantial gainful" employment cannot be performed for at least twelve months. In addition to medical impairments, vocational capacities, including age, education, and work experience, is evaluated.

Further Information - Because Disability Insurance is one of the most complicated of all Social Security programs, you should call or visit Social Security for more in-depth information.

Survivors Benefits

Social Security Survivors Insurance provides monthly cash benefits to the spouse/divorced spouse or unmarried child(ren) of a deceased worker based on the worker's earnings record. If the beneficiary is employed, the amount of monthly benefits received will be affected by his/her earnings and age. Survivor benefits can be paid only if the deceased worker had credit for a certain amount of work in employment/self-employment covered by Social Security. The exact number of work credits needed depends on the age of the worker at time of death.

Lump Sum Death Payment - In addition to any monthly survivor insurance benefits, there is a special one-time payment of $255. This payment can be made to your spouse or child if they meet certain requirements.

Information - Information on any of the above entitlements is available from any Social Security office, from their toll-free service, 1-800-772-1213, or their website, www.ssa.gov.

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Supplemental Security Income Program (SSI)

The Supplemental Security Income Program (SSI) is a federally administered program, which provides income to eligible persons 65 or older, or blind, or disabled. People who get SSI usually qualify for Food Stamps and Medicaid/NJ FamilyCare also. SSI differs from Social Security in that it is based on a person's income and resources (assets), and is funded by the general revenues of the US Treasury, not by the Social Security Trust Funds.

Income Limitations - The amount of income you can have each month and still get SSI depends partly on the State in which you reside and your living arrangement. Social Security does not count all of your income in deciding if you can get SSI. For example, they do not count:

  • Certain monthly unearned income
  • Certain monthly income you earn from working and 1/2 of the amount over
  • Food Stamps
  • Food, clothing, or shelter you receive from non-profit organizations
  • Most home energy assistance

Resource Limitations - Resources are things you own, such as personal belongings, bank accounts, cash, or stocks and bonds. A single person may be able to get SSI with resources of up to $2,000; a couple may be able to get SSI with resources of up to $3,000.

Not counted as resources are:

  • The home you live in and the land it's on
  • Personal and household goods, depending on their value
  • Car, if used for essential transportation, or if worth $4,500 or less
  • Certain monies set aside for burial are not counted
  • If you are blind or have a disability, some items may not count if you plan to use them to work or earn extra income.

Payments - The SSI program is administered through the US Social Security Administration. Payments to SSI recipients are made monthly by the federal government, which includes a supplement provided by the State of New Jersey. For the convenience of SSI recipients, the State of New Jersey and the federal government have agreed to include the amount in the federal payment. SSI recipients receive one US government payment with federal and state money included.

Applications, Appeals, Information - Persons who have been denied SSI, or had their payments stopped or reduced, have certain appeals procedures available to them free of charge. To apply for SSI, initiate an appeal, or request more information, please contact the nearest Social Security office or call their toll-free service, 1-800-772-1213.

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Railroad Retirement


Under the Railroad Retirement and Railroad Unemployment Insurance Acts, the federal Railroad Retirement Board administers retirement and survivor, unemployment and sickness benefit programs for railroad workers and their families. In addition, the Railroad Retirement Board has administrative responsibilities for certain benefit payments and/or Medicare coverage for railroad workers. Railroad Retirement beneficiaries should contact the Retirement Railroad Board 1-800-808-0772 (automated) or 312-751-7139 - www.rrb.gov for answers to Medicare questions.

Annuities - The Railroad Retirement Board pays retirement and disability annuities to railroad workers with at least 10 years of service. (Annuities are also payable to workers with 5 years of service if performed after 1995.) Full annuities are available at full retirement age with 10 years of service, or age 62 with 30 years of service. Full retirement age is gradually rising from 65 to 67. Reduced annuities are payable at age 62 with 10 to 29 years of service or age 60 with 30 years of service. Annuities are also payable to spouses/divorced spouses, and to widow(er)s, remarried widow(er)s, children, and parents of deceased railroad workers. Qualified persons also are covered by Medicare in the same manner as Social Security beneficiaries.

Current Connection - Employees having a current connection with the railroad industry, and disabled for work in their regular railroad occupation, are eligible for an occupational disability at age 60 with 10 years of service, or at any age with 20 years of service. A "current connection with the railroad industry" is required for an occupational disability annuity. The current connection requirement is normally met if the employee worked for a railroad in at least 12 of the last 30 consecutive months before applying for a disability annuity.

Spouse Requirements - Widow(er)s benefits are payable at age 60 or over. They are payable at any age if the widow(er) is caring for an unmarried child of the deceased employee who is under age 18 or a disabled child of any age who became permanently disabled before age 22. Widow(er)s benefits are also payable at aged 50 if the widow(er) is permanently disabled and unable to work.

Applications, Denials, Appeals - Applications for railroad retirement/survivor benefits should be filed with the nearest Railroad Retirement Board. Prospective retirees should contact the Board several months before their planned retirement date in order to obtain annuity estimates and to verify eligibility dates. Persons who have been denied Railroad Retirement benefits/annuities or had their payments stopped or reduced, have certain appeal procedures available free of charge. Contact the nearest Railroad Retirement Board to initiate an appeal. The Railroad Retirement Board serving northern NJ is located in Newark, and that for southern NJ in Philadelphia. Their addresses are as follows:

Railroad Retirement Board
1-800-808-0772 (automated) or 312-751-7139 - www.rrb.gov

Veteran's Administration Building
20 Washington Place, Room 516
Newark, NJ 07102-3127
973-645-3990

NIX Federal Building
900 Market Street, Suite 301
Philadelphia, PA 19107-4232
215-597-2674

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Federal Civil Service Retirement

The federal Civil Service Retirement System provides retirement, survivors, disability, and death benefits to most federal government employees. For further information contact: Retirement Information Office, US Office of Personnel Management, 1900 E Street, N.W., Washington, DC 20415, telephone toll-free 1-888-767-6738 or 202-606-0500 (taped message) for direction to the appropriate office.

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Private Pensions

Many persons are covered by a pension plan in addition to Social Security. Generally, all employees must continue pension benefit accruals for persons working beyond a plan's normal retirement age. Plan limitations on the amount of benefits, years of service, or years of participation are permissible if imposed without regard to age.

Interpretation - The US Internal Revenue Service (IRS) has responsibility for interpreting minimum standards of the federal private pension laws and ensuring that company and union pension plans are in compliance with those laws. The basic law covering private pension plans is the Employee Retirement Income Security Act of 1974 (ERISA). This law established the federal pension insurance program and provided for individual rights, funding requirements, and investment rules. Persons having a question about the interpretation of a specific provision of these laws should contact the Employee Plans Technical & Actuarial Division of the IRS at 1111 Constitution Avenue NW, Room 6525, Washington, DC 20224, telephone toll-free 1-877-829-5500 Monday through Thursday, 8:00 AM - 6:30 PM exclusive of holidays.

Termination - If a private defined pension plan is terminated, the federal Pension Benefit Guaranty Corporation (PBGC) offers protection against the loss of certain benefits, telephone toll-free 1-800-400-7242 or 202-326-4000, www.pbgc.gov. For information about protection under a terminated plan, please contact the PBGC at 1200 K Street, NW, Washington, DC 20005-4026, telephone 202-326-4000. Be sure to have the name of the pension plan and the employer's "Employer's Identification Number" (EIN).

Information, Complaints - For more information on pension plan regulations in general, or to file a complaint, contact: US Department of Labor, Employee Benefits Security Administration, Division of Technical Assistance & Inquiries, 200 Constitution Avenue NW, Room N-5658, Washington, DC 20210, telephone 202-219-8776, www.us.dol.gov. For additional retirement and health benefit plan questions, call toll-free 1-866-275-7922. English, Spanish and Mandarin Language service available.

Additional information, referral or assistance for general inquiries is available by calling 202-326-4000 or 1-800-400-7242. For inquiries about plan administration please call 1-800-736-2444; for general legal inquiries, please call 202-326-4020: or information is available from the Pension Rights Center, 918 16th St., NW, Suite 704, Washington, DC 20006, telephone 202-296-3776 or 1-866-444-3272.

Age related complaints, however, should be filed with the US Equal Employment Opportunities Commission, 1 Newark Center, 21st Floor, Newark, NJ 07102, telephone 973-645-6383 or call toll-free 1-800-669-4000.

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Welfare Plans

Private Welfare Plans - Private welfare plans are also subject to federal regulations. Contact the Employee Benefits Security Administration, as listed above, for information on requirements of private welfare plans or to file a complaint concerning their administration.

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Last Modified: Friday, 03-Sep-10 15:32:23