Rrb

Nelson v. U.S. Railroad Retirement Board

Good Law
536 F. App'x 742
United States Court of Appeals for the Ninth CircuitAugust 5, 201311-72201; RRB 10-AP-0021California367 words

Opinion

Opinion

MEMORANDUM

Benjamin R. Nelson petitions pro se for review of the Railroad Retirement Board’s (the “Board”) decision affirming, under the Railroad Retirement Act of 1974, the reduction of Nelson’s railroad retirement annuity by the amount of his widower’s social security disability benefits. We have jurisdiction under 45 U.S.C. § 231g, and we deny the petition.

We uphold the Board’s decision affirming the reduction of Nelson’s railroad retirement annuity because it “ ‘is supported by substantial evidence, is not arbitrary, and has a reasonable basis in the law.’ ” Calderon v. U.S. R.R. Ret. Bd., 780 F.2d 812, 813 (9th Cir.1986) (citations omitted); see also 45 U.S.C. § 231b(h)(6) (prohibiting dual railroad retirement and spousal social security benefits unless entitlement to spousal benefits was determined before August 13, 1981); id. § 231b(m) (railroad retirement annuity “shall” be reduced by the amount of any monthly benefit under the Social Security Act); U.S. R.R. Ret. Bd. v. Fritz, 449 U.S. 166, 168 , 101 S.Ct. 453 , 66 L.Ed.2d 368 (1980) (to maintain solvency in the railroad retirement and social security systems, railroad employees who did not qualify for retirement…

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