Salvador Margiotta v. Railroad Retirement Board

On this appeal from the decision of the Railroad Retirement Board, Salvador Margiotta, who now receives a disability annuity, contends that the Board incorrectly calculated the amount of the annuity. The issue is one of statutory interpretation. We affirm the Board’s reading of the Act.

Section 3(f)(3) of the Railroad Retirement Act, 45 U.S.C. § 231b(f)(3), contains the “social security minimum guaranty provision.” It says, in part, that:

If ... the annuity to which an individual is entitled under this subchapter ... together with the annuity, if any, of the spouse of such individual, is less…