With My Husband's Passing, Will My Railroad Retirement Increase from the Social Security Fairness Act?

Welcome to another edition of the Highball Advisors Railroad Retirement Mailbag! I’m John McNamara with Highball Advisors, and today’s question comes from Sharon Edge, who writes:

"My husband worked for the railroad for 37 years, and I worked as a manager at a gas station for 22 years, paying into Social Security during that time. My husband has now passed away. Do I get both Railroad Retirement and Social Security? And will my Social Security benefits increase because of the Social Security Fairness Act? Thank you for your help."

Sharon, first off, I’m very sorry for your loss. To answer your question: You’ll receive the higher of your Social Security benefits or your husband’s survivor annuity, but you won’t be able to receive both the higher amount from each. In other words, you’ll get the larger of the two, but not both.

As for the Social Security Fairness Act, unfortunately, it doesn’t apply in your case. The Act only affects individuals who have non-covered pensions—think of government employee pensions where no Social Security was paid in. Since you worked and paid into Social Security, the Fairness Act won’t apply to you.

For more details, check out my video on “How the Social Security Fairness Act Affects Railroad Retirement,” which goes into more depth on this topic.

I hope you found this helpful, Sharon! Feel free to send in any other questions, and I’ll be happy to create another video. Until next time, everyone, stay safe, stay on track, and take care. So long!

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Disclaimer: This article is provided for general information and illustration purposes only. Nothing contained in the material constitutes tax advice, a recommendation for purchase or sale of any security, or investment advisory services. Highball Advisors encourages you to consult a financial planner, accountant, and/or legal counsel for advice specific to your situation. Reproduction of this material is prohibited without written permission from Highball Advisors, and all rights are reserved from Highball Advisors, and all rights are reserved.