20 C.F.R. § 216.16

What is regular non-railroad employment

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(a) Regular non-railroad employment is full or part-time employment for pay.

(b) Regular non-railroad employment does not include any of the following:

(1) Self-employment;

(2) Temporary work provided as relief by an agency of a Federal, State, or local government;

(3) Service inside or outside the United States for an employer under the Railroad Retirement Act, even if the employer does not conduct the main part of its business in the United States;

(4) Involuntary military service not creditable under the Railroad Retirement Act;

(5) Employment with the following agencies of the United States Government:

(i) Department of Transportation;

(ii) Interstate Commerce Commission;

(iii) National Mediation Board;

(iv) Railroad Retirement Board;

(v) National Transportation Safety Board; or

(vi) Surface Transportation Board.

(6) Employment entered into after early retirement by an employee who is receiving an annuity under Conrail's voluntary annuity program. This program is provided under the Staggers Rail Act of 1980 (Pub. L. 96-448); or

(7) Employment with the Alaska Railroad so long as it is an instrumentality of the State of Alaska.

[56 FR 28692, June 24, 1991, as amended at 62 FR 11324, Mar. 12, 1997]

Notes of Decisions

Cited in 2 cases, 1994–2001 · leading case: Edwin G. Kleinberg v. R.R. Ret. Bd., 18 F.3d 1432 (8th Cir. 1994).

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Edwin G. Kleinberg v. R.R. Ret. Bd., 18 F.3d 1432 (8th Cir. 1994). · cites it 3× “See 20 C.F.R. § 216.16 (a). In response, Kleinberg claimed that his employment and earnings were “self-employment” and thus excluded from being considered regular non-railroad employment.”

McCole v. R.R. Ret. Bd., 17 F. App'x 314 (6th Cir. 2001). “” 20 C.F.R. § 216.16 . Copies of McCole’s W-2 forms show the following earnings for the relevant interval of time: 1989 $1,035 Bay de Noc Community College 1990 $4,447 Bay de Noc Community College 1991 $8,200 Bay de Noc Community College 1992 $8,139 Bay de Noc Community College…”

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