Ask Rusty – Why Can’t I get my Social Security payment plus my Railroad pension from my Ex-spouse?

Dear Rusty: I have a question. I now get a Railroad Pension from my ex-husband. I did not know it was from the Social Security Administration. I want to collect my SS benefits and my Railroad pension. Can I do that? I do not understand why I cannot collect both. Please advise. Thank you. Signed: Railroad Ex-spouse 

Dear Railroad Ex-spouse: Railroad pension benefits and Social Security benefits are fully coordinated – that is, your Railroad pension payment from your ex-spouse already includes your earned Social Security retirement benefit. That’s because the two government agencies (the RRB - Railroad Retirement Board - and SSA (Social Security Administration) work together and pay your benefits in one single payment, usually managed by the RRB if some of your benefit includes a railroad pension component. The RRB and SSA are two separate government agencies, but they fully coordinate benefits for beneficiaries. 

This is exactly the same as if you were collecting regular SS ex-spouse benefits (instead of RR benefits) from your ex-husband; your personal SS retirement benefit is always paid first, and you receive an additional amount (a spousal boost) from your ex-husband. In your case, your “spousal boost” is the difference between your personally earned SS retirement benefit at your full retirement age (FRA) and half of your ex-husbands Tier I Railroad retirement benefit amount at his full retirement age. A railroad pension usually consists of two pieces – a Tier I benefit and a Tier II benefit, with Tier I benefits being the equivalent of the pensioner’s Social Security.

Your ex-spouse benefits under the RRB are handled the same way. The two agencies fully coordinate with each other, evaluate your SS entitlement, and then reduce the amount of your RRB Tier I ex-spouse benefit by your SS retirement amount and pay both amounts together. In this way, you only get one payment, consisting of both your earned SSA component and the RRB component. And whenever there is a railroad component, the RRB (Railroad Retirement Board) is usually responsible for making pension payments.

You may find the information at this RRB website helpful: https://rrb.gov/RB-9/Social_Security_Benefits and you can also contact your local RRB field office by accessing this link: https://www.rrb.gov/Field-Office-Locator.

Ask Rusty - Can I Switch to a Taxi Driver Job Without Hurting my Social Security? 

Dear Rusty: I opted to draw my Social Security retirement benefit early and work part time. The company I work for has decided to pull me from field work due to my age and health. Although they are great keeping me at 20 hours per week running for parts and doing office work, I'm not sure how much longer it will last. I'm thinking of taking a taxi driving job to keep my income enough to live on. The way it would work, I would lease the cab for some amount of dollars per day, set my own hours to work and collect anywhere from $1.40 to $4.00 per mile, depending on what type of fare. My question is: how does Social Security look at that type of employment? Would I be held to the 15 - 45 hours a month standard? I could never come close to making the $1,200 to $1,300 a month I need by working so little. Any advice is greatly appreciated. Signed: Seeking Advice 

Dear Seeking: If you go ahead with your plan to lease a taxicab instead of continuing your current employment, you would, in effect, be considered “self-employed” and would submit your income tax return to the IRS accordingly. Social Security would get your earnings information as reported to the IRS, and it would be your net earnings from self-employment (after deducting all your business expenses) that is reported to SSA by IRS. There is, however, a special rule which would apply to you in your first calendar year of self-employment while collecting early Social Security benefits.

Since, in your first year, some of your earnings would be as a part-time employee paying SS FICA payroll taxes, Social Security would first look at your earnings as an employee to see if you exceeded the annual earnings limit ($23,400 for 2025). Then, upon starting your self-employment, Social Security would look at the hours you spent performing “substantial gainful activity” (e.g., driving your taxi) each month and, if you spent more than 45 hours per month in that capacity, you would not be considered “retired,” and thus, not eligible for Social Security in any month you exceeded that amount of hours. If you earned less than the annual limit in total (both as an employee and while self-employed), you would get benefits for all months of the year. But if you earn more than the annual limit, you will get no benefits for any month you exceeded 45 hours as a self-employed person. Again, this only applies during the first calendar year of self-employment - in the following year only your net earnings from self-employment would count toward the annual earnings limit. 

In effect, SSA would use the hours-worked standard to see if you are truly retired or actually working. If the latter, they would withhold SS monthly benefits for any month you exceed 45 hours working while self-employed (up to and including December of your first calendar year of self-employment), and only if your total income (as an employee and while self-employed) exceeds the annual limit. 

So, if your goal is to net $1,200 - $1,300 per month as a self-employed taxi driver, that would be well within the limits of the annual earnings test ($23,400 for 2025 but changes yearly). But there may, or may not, be a reduction in your Social Security benefits during your first year of self-employment, depending on when you start as self-employed. Note that SSA will ask about your work plans when you apply, and if you expect to stay under the annual limit (working part time in both capacities), you should get full SS benefits. Just be careful to stay under the annual earnings limit for those collecting early Social Security benefits. FYI, earnings from before your SS benefits started don’t count toward the earning limit.  

Note, too, that your monthly Social Security benefit will be actuarially reduced according to how far in advance of your full retirement age you claim SS. Whenever SS benefits are claimed prior to one’s full retirement age, those benefits are permanently reduced. 

This article is intended for information purposes only and does not represent legal or financial guidance. It presents the opinions and interpretations of the AMAC Foundation's staff, trained and accredited by the National Social Security Association (NSSA). NSSA and the AMAC Foundation and its staff are not affiliated with or endorsed by the Social Security Administration or any other governmental entity. To submit a question, visit our website (amacfoundation.org/programs/social-security-advisory) or email us at ssadvisor@amacfoundation.org.