Alberta E. Burns, on Behalf of Herself and All Others Similarly Situated v. United States Railroad Retirement Board

Opinion for the Court filed by Circuit Judge GINSBURG.

Dissenting opinion filed by Circuit Judge MacKINNON.

GINSBURG, Circuit Judge:

Petitioner, Alberta Burns, is a retiree who ranks within a special and dwindling category of social insurance recipients. She is a dual beneficiary. She receives primary benefits, on her own account, as a retired worker covered under the Social Security Act (SSA). She also receives derivative benefits as the surviving spouse of a worker covered under the Railroad Retirement Act (RRA).1 The SSA requires the reduction of a recipient’s benefits by one dollar for every…