Are There Additional Factors For Allocating Service Months in a Personal Injury Case?
When the implicit intent of a personal injury allocation is to provide 120, 240, or 360 service months for the employee’s record at the Railroad Retirement Board (RRB), it is vital to ensure that an allocation for time lost correctly provides the total number of service months desired. If a shortage of service months occurs, the RRB has no authority to reallocate months. The allocation may be re-opened only if both parties to the settlement are agreeable. However, it is important to note that the RRB will accept a re-opened agreement with respect to pay for time lost only within the four year time limitation imposed by Section 9 of the Railroad Retirement Act. To prevent a shortage of service months, these three factors affecting service months must be considered: 1. Do not allocate pay for time lost to a month or months for which the employee has already received service month credit. Occasionally, an employee has service months reported for vacation pay or service months reported by
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