Title 20--EMPLOYEES' BENEFITS
Chapter II--RAILROAD RETIREMENT BOARD


which the Board's functions are channeled and determined. 200.3 Obtaining forms from the Railroad Retirement Board. 200.4 Availability of information...


must be applied for by filing application therefor. (For details as to application, see parts 210 and 237 of this chapter). The Bureau of Retirement Claims considers...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR200.3] [Page 141] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 200_GENERAL ADMINISTRATION--Table of Contents Sec. 200.3 Obtaining forms from the Railroad Retirement Board. Forms used by the Board, including applications for benefits and informational publications, may be obtained from the Board's headquarters at 844 Rush Street, Chicago, Illinois 60611, and from local Board offices. [63 FR 17326, Apr. 9, 1998] ...


pursuant to paragraph (b) of this section, are available for public inspection and copying: (1) All final opinions (including concurring and dissenting...


pursuant to paragraph (b) of this section, are available for public inspection and copying: (1) All final opinions (including concurring and dissenting...
...


of the Railroad Retirement Board, which deliberations determine or result in the joint conduct or disposition of official agency business. The term ``meeting'' shall...


1982 requires the Board to charge interest on claims for money owed the Board, to assess penalties on delinquent debts, and to assess charges to cover the costs of...


purpose of this section is to establish specific procedures necessary for compliance with section 12(d) of the Railroad Unemployment Insurance Act, which is incorporated into...


Board is directed to select two actuaries to serve on an Actuarial Advisory Committee. This section describes how the two actuaries are selected. (b) Carrier actuary....


of an attorney, agent, or other representative in any claim filed with the Board. In the event an applicant or beneficiary desires to be represented by another person, he...


in this chapter, except where the language or context indicates otherwise: (a) Act. The term ``act,'' or ``1937 act'' means the Railroad Retirement Act of 1937 (50...


person principally engaged in non-carrier business. 202.4 Control. 202.5 Company or person under common control. 202.6 Casual service and the casual operation of equipment or ...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR202.2] [Page 167] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 202_EMPLOYERS UNDER THE ACT--Table of Contents Sec. 202.2 Company or person principally engaged in carrier business. Any company or person principally engaged in carrier business is an employer. ...


but which, in addition to such principal business, engages in some carrier business, the Board will require submission of information pertaining to the history and...


or circumstance, irrespective of stock ownership to direct, either directly or indirectly, the policies and business of such a company or person and in any case in which...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR202.5] [Page 168] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 202_EMPLOYERS UNDER THE ACT--Table of Contents Sec. 202.5 Company or person under common control. A company or person is under common control with a carrier, whenever the control (as the term is used in Sec. 202.4) of such company or person is in the same person, persons, or company as that by which such carrier is controlled. ...


or person in connection with the transportation of passengers or property by railroad is ``casual'' whenever such service or operation is so irregular or infrequent as to afford...


or controlled by or under common control with a carrier is in connection with the transportation of passengers or property by railroad, or the receipt, delivery, elevation,...


one or more carriers or under common control therewith, whose principal business is the operation of equipment or facilities or the performance of service (other than...


person owned or controlled by one or more carriers or under common control therewith, performing a service or operating equipment in connection with the transportation...


the property or operating all or any part of the business of a carrier, or of a company or person owned or controlled by or under common control with such a carrier, which...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR202.11] [Page 169] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 202_EMPLOYERS UNDER THE ACT--Table of Contents Sec. 202.11 Termination of employer status. The employer status of any company or person shall terminate whenever such company or person loses any of the characteristics essential to the existence of an employer status. [Board Order 41-85, 6 FR 1210, Mar. 1, 1941] ...


railroad transportation, has occurred, consideration will be given only to those events or actions which evidence a final or complete cessation. Mere temporary periods...


a view to determining whether it is an employer and will inquire into and make his recommendations upon the following considerations: (1) Whether the...


railroad transportation whenever it is engaged in the performance of functions which would normally be performed by the constituent employers in the absence of such...


the Railway Labor Act, as amended, and their State and National legislative committees and their general committees and their insurance departments and their local lodges...


for an employer. 203.4 When service is compensated. 203.5 Service outside the United States. 203.6 Age, citizenship, and other factors. 203.7 Local lodge employee. ...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR203.2] [Page 172] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 203_EMPLOYEES UNDER THE ACT--Table of Contents Sec. 203.2 General definition of employee. An individual shall be an employee whenever (a) he is engaged in performing compensated service for an employer or (b) he is in an employment relation to an employer, or (c) he is an employee representative, or (d) he is an officer of an employer. ...


performing service for an employer if: (1) He is subject to the right of an employer, directly or through another, to supervise and direct the manner in which his services...


That service prior to September 1941 of a station employee whose duties consisted of or included the carrying of passengers' hand baggage and otherwise...


or a general committee of a railway-labor-organization employer, not conducting the principal part of its business in the United States except while engaged in...


determining whether or not such individual is an employee within the meaning of the act, except that an individual not a citizen or resident of the United States...


a railway labor organization included as an employer under section 1(a) of the act, shall be an employee with respect to such service to such local lodge or division only if he...


which preclude an employment relation. 204.5 Employment relation--deemed service. 204.6 Employment relation--pay for time lost. 204.7 Employment relation--service to...


reached by the Board or its authorized officers or employees upon the basis of the evidence before the agency. The employer and the employee are the principal sources of...


to January 1, 1937, if: (a) He or she was in the service of an employer on that date; or (b) He or she was on that date on 1eave of absence expressly granted by...


the last payroll period in which he or she rendered service to an employer prior to that date, such service was rendered outside of the United States to an employer...


an employment relation to one or more employers in the month or months to be deemed. For that purpose an employment relation exists with respect to any month in which...


employment relation to one or more employers in the month or months to be credited with pay for time lost. For that purpose an employment relation exists with respect to...


organization shall be creditable under the Railroad Retirement Act only if, prior to such service, and on or after August 29, 1935, such individual performed compensated...


Claiming status as an employee representative. 205.5 Reports of an employee representative. 205.6 Service of an employee representative. 205.7...


an officer or official representative of a railway labor organization, other than a labor organization included in the term ``employer'' within the meaning of part 202 of...


individual's status as an employee representative: (a) The name of the last railroad or other employer under the Act by which the individual was employed, and the period...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR205.4] [Page 177] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 205_EMPLOYEE REPRESENTATIVE--Table of Contents Sec. 205.4 Claiming status as an employee representative. An individual who claims status as an employee representative shall file a report in accordance with Sec. 209.10 of this chapter. (Approved by the Office of Management and Budget under control number 3220-0014) ...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR205.5] [Page 177] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 205_EMPLOYEE REPRESENTATIVE--Table of Contents Sec. 205.5 Reports of an employee representative. An annual report of creditable compensation shall be made by an employee representative in accordance with Sec. 209.10 of this chapter. (Approved by the Office of Management and Budget under control number 3220-0014) ...


by which the employee representative was employed were an employer under the Railroad Retirement Act. (Creditable railroad service is discussed under part 210 of...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR205.7] [Page 177] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 205_EMPLOYEE REPRESENTATIVE--Table of Contents Sec. 205.7 Termination of employee representative status. The employee representative status of any individual shall terminate whenever the individual or the organization by whom he or she is employed loses any of the characteristics essential to the existence of employee representative status. ...


FR 51153, Aug. 26, 2003, unless otherwise noted. Except as otherwise expressly noted, as used in this part-- Account benefits ratio means the amount determined...


10 preceding fiscal years; and (2) Certify the account benefits ratio for each such fiscal year to the Secretary of the Treasury. (b) On or before November 1 of...


of filing. 209.5 Information regarding change in status. 209.6 Employers' notice of death of employees. 209.7 Employers' supplemental reports of...


or employee to furnish or submit any information, records, contracts, documents, reports or other materials within their possession or control, that, in the judgment of the...


is submitted to the Board. Employers are encouraged to validate any social security number provided under this section. (Approved by the Office of Management and...


the Board and shall be filed with the Board electronically, which includes the use of magnetic tape, computer diskette, electronic data interchange, or on such form...


operations, ownership or control of the employer which affects its status as an employer under the Railroad Retirement Act and the Railroad Unemployment Insurance Act; ...


the employee's death, performed compensated service which has not been reported to the Board. (Approved by the Office of Management and Budget under control...


ceases work for the purpose of retiring under the provisions of the Railroad Retirement Act. (Approved by the Office of Management and Budget under control...


required to make an annual report of the creditable service and compensation (including a report that there is no compensation or service to report) of employees who...


(1) Errors are detected in processing employers' annual report; [[Page 180]] (2) An employee shows that the amount of service or compensation reported by...


shall be made. The final report shall be submitted to the Board on or before the last day of the month following the final month for which there was compensated...


an employee representative on the form prescribed by the Board. The Board shall determine whether the individual claiming to be an employee representative meets the...


in the preceding calendar year a certificate of service months and compensation. This certificate is the employee's record of the service and compensation credited to his or...


railroad employees. The gross earnings sample is based on the earnings of employees whose social security numbers end with the digits 30. This report is used to determine: ...


report of the amount of the payment. This report shall be submitted to the Board on or before the last day of the month following the end of the calendar quarter in which...


the report required for the year in which the compensation was paid even though such compensation was earned by the employee in a previous year. If compensation is reported...


are more than five years old and that there is no dispute pending pertaining to the [[Page 182]] compensation reported for the period of...


in lieu of prescribed reports provided that there is no official of the employer available to prepare and certify to the accuracy of such reports and, provided further that...


service. 210.6 Service credited for creditable military service. 210.7 Verification of service claimed. Authority: 45 U.S.C. 231f. An...


period of time for which an employee receives compensation which is paid for time lost as an employee; or a period of time credited to an employee for creditable military service...


for services performed for an employer; or receives pay for time lost as an employee; or is credited with compensation for a period of creditable military service; or...


taken at its actual value. (b) The term years of service means the total number of years an employee is credited with service as defined in Sec. 210.2 of...


creditable under the Railroad Retirement Act if the employee had an employment relation with a railroad employer on August 29, 1935. Prior service may be combined with...


this chapter, shall be counted as a month of service and shall be included in the employee's years of service, as provided for in Sec. 210.5, provided that the employee has...


the Board before it may be credited. Verification of the Service claimed shall be as follows: (a) Service claimed will be verified from the payroll or other...


representative compensation. 211.6 Compensation based on waiver or refund of organization dues. 211.7 Compensation credited for creditable military...


employer; services performed as an employee representative; and any separation or subsistence allowance paid under any benefit schedule provided in conformance with title VII...


employer is considered to be pay for time lost and is, therefore, creditable compensation. Pay for time lost as an employee includes: (1) Pay received for a certain period...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR211.4] [Page 187-188] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 211_CREDITABLE RAILROAD COMPENSATION--Table of Contents Sec. 211.4 Vacation pay. Payments made to an employee with respect to vacation or holidays shall be [[Page 188]] considered creditable compensation whether or not the employee takes the vacation or holiday. [58 FR 45251, Aug. 27, 1993] ...


of the position or office he occupies with such organization are creditable as compensation, including payments made for services not connected with the representation...


in the organization is considered creditable compensation if there is proof that the waiver or refund was intended to be, and was accepted as, a dismissal of an obligation...


for each month of military service, provided the employee's combined monthly railroad and military compensation does not exceed the maximum creditable amount: (a) $160...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR211.8] [Page 188] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 211_CREDITABLE RAILROAD COMPENSATION--Table of Contents Sec. 211.8 Displacement allowance. An allowance paid to an employee because he has been displaced to a lower paying position is creditable compensation. [58 FR 45251, Aug. 27, 1993] ...


time are creditable as compensation under the Railroad Retirement Act, provided the employee has not severed his or her employee-employer relationship. [53 FR 17184, May...


considered creditable compensation to any period after the employee has severed his or her employer- employee relationship except as provided for in Sec. 211.11 of...


subject to taxes under the Railroad Retirement Tax Act, shall be considered compensation for purposes of this part but only for the limited purpose of computing the portion...


creditable as compensation only for the month in which the employee first filed an application for benefits under that Act. The compensation to be credited cannot exceed...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR211.13] [Page 189] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 211_CREDITABLE RAILROAD COMPENSATION--Table of Contents Sec. 211.13 Payments made after death. Payments made by an employer with respect to a deceased employee but paid after the calendar year of the employee's death to the employee's survivors or estate are not creditable compensation. [58 FR 45251, Aug. 27, 1993] ...


section 3231(e)(2)(B) of the Internal Revenue Code of 1986. In November of each calendar year the Director of Research and Employment Accounts shall notify each employer of...


the satisfaction of the Board before it may be credited. An employee's claim to compensation not credited shall be processed as follows: (a) If the compensation claimed is...


paid to an employee for a given period shall be conclusive as to amount, or if no compensation was reported for such period, then as to the employee's having received...


of military service. 212.6 Board's determination for use of military service. Authority: 45 U.S.C. 231f. Source: 49 FR 46734, Nov. 28,...


be in active military service when commissioned or enrolled in the land, naval or air forces of the United States until resignation or discharge therefrom. The service of...


calendar month or part of a calendar month during which the individual was in the active military service of the United States in a war service period, or period of...


during one of the following periods: (a) April 21, 1898, through August 13, 1898--Spanish American War; (b) February 4, 1899, through April 27,...


a branch of the armed forces that shows the beginning and ending dates of the individual's active military service; or a certified copy of the original certificate made by...


provisions under those Acts to prevent duplicate use of the service. The Railroad Retirement Board will determine whether an employee's military service should be used...


Definitions. 216.3 Other regulations related to this part. Subpart B_Current Connection With the Railroad Industry 216.11...


on the day preceding the anniversary date of his or her birth. Annuity means a payment due an entitled individual for a calendar month and made to him or her on...


this chapter describes how to apply for an annuity. Part 218 indicates when annuities begin and when they terminate. Part 219 sets out what evidence is necessary...


certain types of railroad retirement benefits. The existence of a current connection is clear in most cases where entitlement or death immediately follows continuous...


individual for the following types of railroad retirement benefits: (1) An employee occupational disability annuity as described in subpart D of this part; (2)...


industry if he or she meets one of the following requirements: (a) The employee has creditable railroad service in at least 12 of the 30 consecutive months...


Regular non-railroad employment will not break an employee's current connection if it is performed during the 30-month period described in Sec. 216.13(b), in or after the month the...


not have a current connection under the regular test has a current connection only to qualify an individual for a survivor annuity if: (1) The employee would not be fully...


or part-time employment for pay. (b) Regular non-railroad employment does not include any of the following: (1) Self-employment; (2) Temporary work...


The amount of regular non-railroad employment needed to break a current connection depends on when the applicable 30-month period ends (see Sec. 216.13 of this part),...


Railroad Retirement Act requires that an applicant must stop work for pay performed as an employee for a railroad employer. In addition, no employee, spouse or...


pay as an employee of a railroad employer always prevents payment of an annuity. (b) Work for last non-railroad employer. Work for pay in the service of the last...


without adversely affecting his or her annuity: (a) Work for a railway labor organization. An individual may work for a local lodge or division of a railway...


given up. Before an individual may receive an annuity based on age, he or she must give up any seniority or other rights to return to work for any railroad employer. ...


specified age and have been credited with a specified number of years of service. The Act also provides annuities for employees who become disabled. In addition, to be eligible for...


age for employees who have been credited with at least 10 years of railroad service. (a) Annuities based on 10 years of service. An employee with 10 years...


for employees who have been credited with at least 10 years of railroad service. An employee may receive an annuity if his or her disability prevents work in his...


listed above, an employee may be required to meet other conditions before payment of his or her annuity may begin. (a) To receive payment of an employee...


of retirement may qualify for a supplemental annuity in addition to the regular employee annuity. Supplemental annuities are paid from a separate account funded by employer taxes...


he or she: (a) Has been credited with railroad service in at least one month before October 1981; (b) Is entitled to the payment of an employee annuity awarded...


The Board determines whether a pension established by a railroad employer is a private pension that will cause a reduction in the employee's supplemental annuity. A...


that begins after December 31, 1974, does not affect the payment of a regular employee annuity. A supplemental annuity beginning prior to 1975 causes a reduction in...


of an employee who is entitled to an employee annuity. A spouse may receive an annuity based on age, or on having a child of the employee in his or her care. A...


(1) Be the husband or wife, as defined in part 222 of this chapter, of an employee who is entitled to an annuity described under subpart D of this part; and (2)...


annuity, the employee annuitant must be at least age 62 and the divorced spouse (see Sec. 222.22 of this chapter) must: (a) Be the divorced wife or husband of...


to be entitled to an annuity; and (b) Give up the right to return to work for a railroad employer. (Approved by the Office of Management and Budget under control...


(a) Is married to the employee; and (b) Has been married to the employee for at least one year immediately before the date the spouse applied for annuity; (c)...


Act provides annuities for the widow(er), surviving divorced spouse, or remarried widow(er) of an employee. The deceased employee must have completed 10 years of...


(a) A widow(er) of an employee who has completed 10 years of railroad service and had a current connection with the railroad industry at death is eligible for...


surviving divorced spouse. (a) A surviving divorced spouse of an employee who completed 10 years of railroad service and had a current connection with the railroad...


(a) A widow(er) of an employee who completed 10 years of railroad service and had a current connection with the railroad industry at death is eligible...


An eligible widow(er), surviving divorced spouse, or remarried widow(er) must: (a) Apply to be entitled for an annuity; and (b) Submit evidence requested by the Board...


An individual who was married to the employee at the employee's death is the deceased employee's widow(er) if he or she: (a) Was married to the employee for at least 9...


An individual who was married to the employee is the deceased employee's surviving divorced spouse if he or she: (a) Was married to the employee for a period...


Act. Part 222 of this chapter sets forth what is required to establish that a child is in an individual's care for purposes of the Railroad Retirement Act....


spouse, or remarried widow(er). A widow(er), surviving divorced spouse, or remarried widow(er) who has a disability as defined in part 220 of this chapter...


but not for the child of a living employee. The Act does provide that the child of a living employee can establish another individual's eligibility for a spouse annuity...


(a) Is a child of an employee who has completed 10 years of railroad service and had a current connection with the railroad industry when he or she died; (b)...


to an annuity upon applying therefor and submitting any evidence requested by the Board. (Approved by the Office of Management and Budget under control...


ended, the individual may be re-entitled if he or she has not married and he or she applies to be re-entitled. The re-entitlement may begin with: (a) The first month...


elementary or secondary school student if he or she meets all of the following conditions: (1) The child is in full-time attendance at an elementary or secondary...


in full-time attendance at an elementary or secondary school is considered a full-time student during a period of non-attendance (include part-time attendance) if: (a)...


deceased employee. The deceased employee must have completed 10 years of railroad service and have had a current connection with the railroad industry at the time of his or her death....


child who is or ever could be entitled to an annuity as described by subpart G or H of this part, a parent of the deceased employee is eligible for both the tier I and tier...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR216.82] [Page 208] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 216_ELIGIBILITY FOR AN ANNUITY--Table of Contents Subpart I_Parent's Annuity Sec. 216.82 What is required for payment. An eligible parent must file an application and submit the evidence requested by the Board to be entitled to an annuity. (Approved by the Office of Management and Budget under control number 3220-0030) ...


described in this part. The Railroad Retirement Act generally requires that the total amount of annuities otherwise independently payable to one individual must be reduced...


an individual is entitled to an annuity as a spouse, divorced spouse or survivor, and is also entitled to an employee annuity, then the spouse, divorced spouse or survivor...


to both a spouse or divorced spouse and survivor annuity, only the larger annuity will be paid. However, if the individual so chooses, he or she can receive the smaller...


one survivor annuity, only the larger annuity will be paid. However, if the individual so chooses, he or she can receive the smaller annuity rather than the...


more than one annuity as a divorced spouse, only the larger annuity will be paid. However, if the individual so chooses, he or she can receive the smaller annuity rather than...


Definitions. 217.3 Need to file an application. Subpart B_Applications 217.5 When an application is a claim for an...


signs an application for an annuity or lump sum for himself or herself or for some other person. Application refers only to a form described in Sec. 217.6. Apply or...


application to become entitled to an annuity or lump sum. Filing an application will-- (a) Permit a formal decision on whether the person is entitled to an annuity or...


for an annuity or lump sum if it meets all of the following conditions: (a) It is on an application form completed and filed with the Board as described in...


is generally one that is filed on a form set up by the Board for that purpose. See part 200 of this chapter for a list of application forms. (b) Claim filed with the...


for life benefits under title II of the Social Security Act is an application for an annuity if the conditions either in paragraphs (a)(1), (2), and (3) or in...


filed with the Board is generally considered as an application for other benefits to which a person is or may be eligible. Therefore a claimant does not need to...


application ends on the date of the notice of an initial decision denying the claim. If a timely appeal is made (see part 260 of this chapter) the effective period of...


this chapter may file an application to establish a period of disability if the employee dies before filing an application for a disability annuity. A period of disability...


delay in the filing of an application for a lump-sum death payment or an annuity unpaid at death, as shown in Sec. 217.9(c)(1) and (2), if the delay was due to-- ...


States or Canada may file an application at any Board office in person or by mail. An applicant may also give the application to any Board field employee who is authorized...


filed with the Board on the earliest of the following dates: (a) On the date it is received at a Board office. (b) On the date it is delivered to a field employee...


(a) A claimant who is 18 years old or older, competent (able to handle his or her own affairs), and physically able to sign the application, must sign in his or...


to prepare a corrected application if-- (1) The original application was signed by someone other than the claimant or a person described in Sec. 217.17; or ...


awarded. If the Board selects a representative for an incompetent claimant (see part 266 of this chapter) after an application is filed but before the benefit is awarded, a...


with the Board. A written statement indicating an intent to file a claim for an annuity or lump sum, filed with the Board as provided in Sec. Sec. 217.15 and 217.16, can establish...


or she wishes to file for an annuity or lump sum, but puts off filing because of an action or lack of action by an employee of the Board, can establish a filing date based...


a person described in Sec. 217.17. If the claimant is deceased, the person who is or could be eligible for any annuity accrual under part 234 of this chapter may cancel...


(a) Before an annuity is awarded. The application may be cancelled if-- (1) The applicant files a written request with the Board at a place described in...


as though an application was never filed. When an employee cancels his or her application, any application filed by the employee's spouse is also cancelled. However, a request...


or for an employee, spouse or survivor for one or more of the following reasons: (a) The claimant does not meet the eligibility requirements for an annuity or lump sum...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR217.31] [Page 216] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 217_APPLICATION FOR ANNUITY OR LUMP SUM--Table of Contents Subpart E_Denial of Application Sec. 217.31 Applicant's right to appeal denial. Each applicant is given the right to appeal the denial of his or her application if he or she does not agree with the Board's decision. The appeals process is explained in part 260 of this chapter. ...


Definitions. 218.3 When an employee disappears. Subpart B_When an Annuity Begins 218.5 General rules. 218.6 How to...


an annuity for himself, herself or for some other person. Application means a form described in part 217 of this chapter. Award means to process a form to make...


employee annuity ends on the last day of the month before the month of the disappearance. (b) Employee has a current connection. (1) The Board may pay...


on a specific date chosen by the applicant. If the applicant chooses a specific date, that date must not be before the earliest date permitted by law. (b) An annuity...


choose an annuity beginning date by-- (1) Naming the month, day and year in an application accepted by the Board; or (2) Including with the application a...


If the applicant for any type of annuity other than a disability annuity, or a spouse annuity based upon the disabled applicant's compensation, chooses an annuity beginning date in a...


claimant may change the annuity beginning date if-- (1) The claimant requests the change in a signed statement; and (2) The statement is received by the Board on or...


but less than 30 years of service. An employee full-age annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law....


of-- (a) The beginning date of the employee age or disability annuity; (b) The first day of the month in which the employee meets the age and years of...


date chosen by the applicant or the earliest date permitted by law. (b) Earliest date permitted by law--(1) General rules. The earliest date permitted by law is the...


of either the date chosen by the applicant or the earliest date permitted by law. (b) Earliest date permitted by law--(1) General rules. The earliest date permitted by law...


the date chosen by the applicant or the earliest date permitted by law. (b) Earliest date permitted by law--(1) Full-age annuity. The earliest date permitted by law is...


chosen by the applicant or the earliest date permitted by law. (b) Earliest date permitted by law--(1) General rules. The earliest date permitted by law is the later...


by the applicant or the earliest date permitted by law. The earliest date permitted by law is the latest of-- (a) The first day of the month in which the...


begins on the later of either the date chosen by the applicant or the earliest date permitted by law. (b) Earliest date permitted by law--(1) General rules. The...


the later of either the date chosen by the applicant or the earliest date permitted by law. (b) Earliest date permitted by law--(1) General rules. The earliest date...


The rules in this subpart apply only to an employee, spouse, divorced spouse, and supplemental annuity. They do not apply to any type of...


annuity beginning date. (a) General. An annuity can begin only after an employee, spouse, or divorced spouse stops any work for a railroad employer. However, if...


(a) From railroad employer. Vacation pay may be credited to the vacation period due the employee or to the last day of actual work for the railroad employer. If the vacation...


(a) From railroad employer. If the employee is carried on the payroll while sick, the annuity can begin no earlier than the day after the last day of sick pay. However, sick pay...


Pay for time lost because of personal injury must be credited to an actual period of time lost. The annuity can begin no earlier than the day after that...


dismissal allowance. (a) General. When an employee receives a separation, displacement or dismissal allowance from a railroad employer, the annuity beginning...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR218.35] [Page 223] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 218_ANNUITY BEGINNING AND ENDING DATES--Table of Contents Subpart D_When an Annuity Ends Sec. 218.35 When an employee age annuity ends. An employee annuity based on age ends with the last day of the month before the month in which the employee dies. ...


disability ends with the earliest of-- (1) The last day of the month before the month in which the employee dies; (2) The last day of the second month following...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR218.37] [Page 224] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 218_ANNUITY BEGINNING AND ENDING DATES--Table of Contents Subpart D_When an Annuity Ends Sec. 218.37 When a supplemental annuity ends. A supplemental annuity ends when the employee age or disability annuity ends. ...


(1) The last day of the month before the month in which the spouse dies; (2) The last day of the month before the month in which the employee dies or the...


the last day of the month before the month in which the-- (a) Divorced spouse dies; (b) Employee's entitlement to an annuity ends; (c) Divorced spouse...


based on age, the annuity ends with the earliest of the last day of the month before the month in which-- (1) The widow(er) dies; (2) The widow(er) remarries...


The last day of the month before the month in which the child marries; (b) The last day of the month before the month in which the child dies; (c) The last day of...


the earliest of the last day of the month before the month in which the parent-- (1) Dies; (2) Becomes entitled to an old age benefit under the Social...


surviving divorced spouse annuity is based on age, the annuity ends with the earliest of the last day of the month before the month in which the surviving divorced...


annuity is based on age, the annuity ends with the earliest of the last day of the month before the month in which the remarried widow(er)-- (1) Dies; ...


Definitions. 219.3 When evidence is required. 219.4 Who is responsible for furnishing evidence. 219.5 Where and how to...


an entitled person for a calendar month and made to him or her on the first day of the following month. Apply means to sign a form or statement that the Board accepts as...


prove a claimant is eligible for benefits when he or she applies for benefits. Usually the Board will ask the claimant to furnish specific kinds of evidence or...


evidence is required to prove a person's eligibility for or right to continue to receive annuity or lump-sum payments, that claimant or his or her representative is...


should give his or her evidence to an employee of the Railroad Retirement Board office where he or she files the application. An employee of the Board will tell...


or record as evidence to prove eligibility or continued entitlement to payments, where possible, a Board employee will make a photocopy or transcript of these...


Board representative examines it to see if it is convincing evidence. If it is, no other evidence is needed. In deciding whether the evidence is convincing, the Board...


type of evidence shown as preferred in subparts B and C of this part, the Board will generally find it is convincing evidence. This means that unless there is information in...


criminal penalties for any persons who misrepresent the facts or make false statements to obtain payments for themselves or someone else. All evidence and documents given...


for an annuity under the Railroad Retirement Act or for Medicare coverage under title XVIII of the Social Security Act. (b) Evidence of age is also required from a...


a claimant's age is-- (1) A birth certificate recorded before age 5; (2) A church record of birth or baptism recorded before age 5; or (3) Notification...


to prove the employee's death is always required for payment of any type of survivor annuity or lump-sum payment based on the deceased employee's record. See parts...


death is-- (1) A certified copy of or extract from the public record of death, or verdict of the coroner's jury of the state or community where death occurred; or...


needed, the Board may presume he or she died at a certain time if the Board receives the following evidence: (a) A certified copy of, or extract from, an official report...


evidence of marriage is required when an individual files for a monthly annuity, lump-sum death payment, residual lump sum, or Medicare coverage, as the wife,...


a ceremonial marriage is-- (1) A copy of the public record of the marriage, certified by the custodian of the record or by a Board employee; (2) A copy of a...


give the reasons why the informant believes that a marriage exists. If the information described in this paragraph is not furnished on a form provided by the Board, it...


deemed valid marriage is-- (1) Evidence of a ceremonial marriage as described in Sec. 219.31; (2) If both the employee and spouse are alive, the spouse's signed...


may be required to determine whether a later marriage is valid. If a widow or widower remarried after the employee's death and that marriage was annulled, evidence of...


has ended is-- (1) A certified copy of the decree of divorce or annulment; or (2) Evidence of the death (See Sec. 219.23) of a party to the marriage. ...


A person who applies for a parent's or child's annuity or for Medicare coverage is required to submit evidence of his or her relationship to the deceased employee. (b)...


the natural parent of the employee, preferred evidence of the ralationship is a copy of the employee's public or religious birth record. If the claimant is the natural child...


the employee, the Board will ask for the evidence described in Sec. 219.37 or Sec. 219.39 which shows the person's natural or adoptive relationship to the...


of legal adoption is-- (1) A copy of the decree or order of adoption, certified by the custodian of the record; (2) A photocopy of the decree or order...


is a person who claims to be the equitably adopted child of the employee (or of the employee's wife, widow, widower, or husband), as defined in part 222 of this chapter,...


stepgrandchild of the employee, the Board will require the kind of evidence described in Sec. Sec. 219.36-219.38 that shows that child's relationship to his or her parents...


is required when-- (a) The employee is receiving an annuity that can be increased under the social security overall minimum (see part 229 of this chapter) by including...


dependency requirement must be met at one of the times shown in part 222 of this chapter. (b) Natural or adopted. If the child is the employee's natural or...


than child or parent. When any person other than a child or parent applies for benefits due because of the employee's death or because of the death of a beneficiary, the Board may...


222 of this chapter on Family Relationships) is required when-- (a) The employee's spouse applies for a spouse's annuity as a deemed spouse; or (b) The employee's...


(a) If the employee is alive, both the employee and his or her spouse must sign a statement that they are living together in the same household when the spouse applies for a...


or widower's, or surviving divorced spouse's annuity on the basis of caring for a child, or for an increase under the social security overall minimum guaranty...


evidence of having a child in care is-- (1) If the child is living with the applicant, the claimant's signed statement showing that the child is living with him...


a student, the Board will require evidence that the child is attending elementary or secondary school. After the child has started his or her school attendance, the Board...


form furnished by the Board or other form acceptable to the Board) the following evidence: (a) A signed statement that he or she is attending school full-time and is not...


the Board will require evidence to show that the parent received at least one-half of his or her support from the employee in the one-year period before-- (a) The...


his or her income, any other sources of support, the amount from each source and his or her expenses during the one-year period. (b) The Board may also ask the...


the lump-sum death payment because he or she is responsible for paying the funeral home or burial expenses of the employee or because he or she has paid some or all of these...


following evidence: (a) The claimant's signed statement showing-- (1) That he or she accepted responsibility for the funeral home expenses or paid some or all of...


prove where the employee had a permanent home at the time of filing an application or, if earlier, at the time the employee died if-- (a) The claimant is applying...


to establish the employee's permanent home: (a) The claimant's signed statement showing what the employee considered to be his or her permanent home. (b)...


part 217 of this chapter, is applied by the Board in determining whether to allow an application which is submitted more than two years after the employee's death as...


of ``good cause'': (a) The claimant's signed statement explaining why he or she did not file the application for lump-sum death payment or annuity unpaid at...


the appointment of a legal representative when-- (1) The employee's estate is entitled to a lump-sum death payment, annuity unpaid at death, or residual lump sum, and...


an employer listing the annuitant's earnings by months and explaining any payments made to the annuitant when he or she was not working. (b) The Board may ask for copies...


of part. 220.2 The basis for the Board's disability decision. [[Page 240]] 220.3 Determinations by other organizations and agencies. ...


the Railroad Retirement Act. These decisions are based either on the rules contained in the Board's regulations in this part or the rules contained in the...


any other governmental or non-governmental agency about whether or not a claimant is disabled under the laws, regulations or standards administered by that agency shall...


Application refers only to a form described in part 217 of this chapter. Board means the Railroad Retirement Board. Claimant means the person for whom an...


regular railroad occupation. (a) In order to receive an occupational disability annuity an eligible employee must be found by the Board to be disabled...


Functional capacity test means one of a number of tests which provide objective measures of a claimant's maximal work ability and includes functional...


The regulations explaining the employee's responsibility to provide evidence of disability, the kind of evidence, what medical evidence consists of, and the consequences of...


for work in regular railroad occupation. The Board will presume that a claimant who is not allowed to continue working for medical reasons by his employer...


(a) Factors which support greater weight. Evidence will generally be given more weight if it meets one or more of the following criteria: (1) The residual functional...


(a) Disability onset when the employee works despite impairment. An employee who has stopped work in his or her regular occupation due to a permanent...


of events which affect disability. If the annuitant is entitled to a disability annuity because he or she is disabled for work in his or her regular occupation,...


work in the regular occupation. (a) General. Disability for work in the regular occupation will end if-- (1) There is medical improvement in the...


(a) General. The reentitlement period is an additional period after the nine months of trial work during which the annuitant may continue to test his or her ability to work...


the trial work period and the reentitlement period. (a) The employee who is entitled to an occupational disability annuity will not be paid an annuity for...


longer disabled. The regulation explaining the Board's responsibilities in notifying the annuitant, and the annuitant's rights when the disability annuity is stopped...


occupational disability. (a) In some cases, the Board may determine that a claimant is not currently disabled for work in his or her regular occupation but...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR220.25] [Page 248] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 220_DETERMINING DISABILITY--Table of Contents Subpart D_Disability Under the Railroad Retirement Act for Any Regular Employment Sec. 220.25 General. The definition and discussion of disability for any regular employment are found in Sec. Sec. 220.26 through 220.184. ...


An employee, widow(er), or child is disabled for any regular employment if he or she is unable to do any substantial gainful activity because of a medically...


A physical or mental impairment must result from anatomical, physiological, or psychological abnormalities which can be shown by medically acceptable clinical and...


Unless the claimant's impairment is expected to result in death, it must have lasted or must be expected to last for a continuous period of at least 12 months. This is known as...


Work is considered to be substantial gainful activity if it-- (a) Involves doing significant and productive physical or mental duties; and (b) Is...


In order to be found disabled for any regular employment, a widow(er) must have a permanent physical or mental impairment which prevented work in any...


In addition to its authority to decide whether a claimant is disabled under the Railroad Retirement Act, the Board has authority in certain instances to decide whether a claimant...


(a) General. In order to receive an annuity based upon a disability, an employee must be found disabled under the Railroad Retirement Act. If an employee is found disabled under...


governed by the regulations of the Social Security Administration. (a) In order to receive an annuity based upon disability, a child of a deceased employee must...


governed by the regulations of the Social Security Administration. In order to receive an annuity based upon disability, a widow(er) must be found...


divorced spouse or remarried widow(er). A surviving divorced spouse or a remarried widow(er) must be found disabled under the Social Security Act in order to...


responsible for providing evidence of the claimed disability and the effect of the disability on the ability to work. The Board will assist the claimant, when necessary,...


acceptable medical sources. Acceptable medical sources are-- (1) Licensed physicians; (2) Licensed osteopaths; (3) Licensed or...


a claimant is disabled. The claimant is responsible for providing that evidence. However, at its discretion, the Board will pay the reasonable cost to obtain medical...


medical or other evidence. If the claimant does not submit that evidence, the Board will make a decision on other evidence which is either already available in the...


mental examination or test purchased for a claimant at the Board's request and expense. If the claimant's medical sources cannot provide sufficient medical evidence about...


provided with reasonable notice of the date, time, and place of the examination or test and the name of the person who will do it. The Board will also give the examiner...


not disabled if he or she does not have good reason for failing or refusing to take part in a consultative examination or test which was arranged by the Board. If...


The decision to purchase a consultative examination for a claimant will be made after full consideration is given to whether the additional information needed (e.g.,...


be purchased in the following situations (these situations are not all-inclusive): (a) In disabled widow(er) benefit claims, when the alleged month of disability is after...


a review of the Board's initial determination at the reconsideration level of review, consultative medical examinations will be obtained when needed, but not routinely....


conflict in the medical evidence at the hearing level of review before a hearings officer, the hearings officer will try to resolve it by comparing the persuasiveness and value of...


determination. The types of examinations and tests the Board will purchase depends upon the additional evidence needed for the disability determination. The Board...


object to his or her being examined by a designated physician or psychologist. If there is a good reason for the objection, the Board will schedule the examination with...


In an unusual case, a hearings officer may have reason to request an examination by a particular physician, psychologist or institution. Some examples include...


as myelograms and arteriograms for the evaluation of disability under the Board's disability program. In addition, the Board [[Page 256]] will not order...


requirements. Consulting physicians or psychologists will be fully informed at the time the Board contacts them of the following obligations: (a) General....


examination to determine whether the specific information requested has been furnished. The Board will consider these factors in reviewing the report: (1)...


and their medical practices will be avoided. Board review physicians or psychologists will not perform consultative examinations for the Board's disability...


suspended, or otherwise barred from participation in the Medicare or Medicaid programs, or any other Federal or Federally- assisted program; who has been convicted,...


evaluation process, explained in paragraph (b) of this section, to determine whether a claimant is disabled for any regular employment. This evaluation process applies...


the evaluation of physical and mental impairments. In addition, in evaluating the severity of a mental impairment(s), the Board will follow a special procedure at...


impairments is not severe if it does not significantly limit the claimant's physical or mental ability to do basic work activities. (b) Basic work activities. Basic...


unrelated severe impairments cannot be combined to meet the 12-month duration test. If the claimant has a severe impairment(s) and then develops another unrelated...


are of a sufficient medical severity that such impairment or impairments could be the basis of eligiblity under the law, the combined effect of all of the...


a claimant is not currently disabled but was previously disabled for a specified period of time in the past. This can occur when-- (1) The disability application was...


Listing of Impairments describes, for each of the major body systems, impairments which are considered severe enough to prevent a person from doing any...


claimant's impairment(s) is medically equivalent to a listed impairment in appendix 1 of this part if the medical findings are at least equal in severity and duration to the...


statute, the Board is responsible for making the decision about whether a claimant meets the statutory definition of disability. A claimant can only be found disabled if he or she...


findings: (a) Symptoms are the claimant's own description of his or her physical or mental impairment(s). The claimant's [[Page...


disabled, the Board considers all of the claimant's symptoms, including pain, and the extent to which the claimant's symptoms can reasonably be accepted as consistent with...


a disability annuity, the claimant must follow treatment prescribed by his or her physician if this treatment can restore the claimant's ability to work. (b) When...


any related symptoms, such as pain, may cause physical and mental limitations that affect what the claimant can do in a work setting. The claimant's residual...


the initial or reconsideration level, the responsibility for determining residual functional capacity rests with the bureau of retirement claims. This assessment is based on all...


when the claimant is applying for-- (1) An employee annuity based on disability for any regular employment; (See Sec. 220.45(b)) (2) Widow(er)...


do his or her previous work (his or her usual work or other applicable past work), the Board will determine he or she is not disabled. (b) If the residual...


work is primarily physical work requiring a high level of strength or endurance. The Board will consider the claimant [[Page 270]] unable to do lighter...


and the extent to which his or her age affects his or her ability to-- (i) Adapt to a new work situation; and (ii) Do work in competition with others. ...


schooling or other training which contributes to the claimant's ability to meet vocational requirements, for example, reasoning ability, communication skills, and...


the claimant has acquired through work he or she has done which show the type of work he or she may be expected to do. Work the claimant has already been able to do shows...


in the national economy when it exists in significant numbers either in the region where the claimant lives or in several other regions of the country. It does not...


national economy, jobs are classified as ``sedentary'', ``light'', ``medium'', ``heavy'', and ``very heavy.'' These terms have the same meaning as they have in the Dictionary...


the national economy of work the claimant is able to do, occupations are classified as unskilled, semi-skilled, and skilled. In classifying these occupations, the Board...


includes information about jobs (classified by their exertional and skill requirements) that exist in the national economy. Appendix 2 of this part provides rules...


symptoms, such as pain, may cause limitations of function or restrictions which limit the claimant's ability to meet certain demands of jobs. These limitations may...


he or she is disabled may show that the claimant is able to do work at the substantial gainful activity level. If the claimant is able to engage in substantial...


both substantial and gainful. (a) Substantial work activity. Substantial work activity is work activity that involves doing significant physical or mental activities....


duties require use of the claimant's experience, skills, supervision and responsibilities, or contribute substantially to the operation of a business, this tends to...


decide whether the work the claimant has done shows that he or she is able to do substantial gainful activity. (1) The claimant's earnings may show the claimant has...


The Board will consider the claimant's activities and their value to the claimant's business to decide whether the claimant has engaged in substantial gainful activity...


in deciding if the claimant has done substantial gainful activity, the Board will subtract the reasonable costs to the claimant of certain items and services which, because...


not payable and the annuity must be returned for any month in which the disabled annuitant works for an employer as defined in part 202 of...


220.160, the employee's disability annuity is not payable and the employee must return the annuity payment for any month in which the employee earns more than $400...


report to the Board any work and earnings as described in Sec. 220.160 and Sec. 220.161. The report may be a written or oral statement by the annuitant, or a person acting...


it within the time limit shown in Sec. 220.162(b), a penalty is imposed. The penalty deduction for the first failure to report equals the annuity amount for the first month...


annuity was withheld for earnings over $400 in a month receives a form on which to report his or her earnings for the year. (b) Earnings are less than $5000. If...


(a) Definition of the trial work period. The trial work period is a period during which the annuitant may test his or her ability to work and still be considered...


(a) General. (1) The reentitlement period is an additional period after the 9 months of trial work during which the annuitant may continue to test his or her ability to work...


of events which affect disability. If the annuitant is entitled to a disability annuity because he or she is disabled for any regular employment, the...


ends. There is a statutory requirement that, if an annuitant is entitled to a disability annuity, the annuitant's continued entitlement to such an annuity must be...


There are several terms and definitions which are important to know in order to understand how the Board reviews whether a disability for any regular employment continues: ...


its relationship to the annuitant's ability to do work. (a) General. Paragraphs (a), (b), and (c) of Sec. 220.177 discuss what is meant by medical...


(a) First group of exceptions to medical improvement. The law provides for certain limited situations when the annuitant's disability can be found to have ended...


cessation of disability. Evaluation steps. To assure that disability reviews are carried out in a uniform manner, that decisions of continuing disability can be made in...


find that the annuitant is no longer disabled. If the evidence shows that the annuitant is no longer disabled, the Board will find that his or her disability ended...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR220.182] [Page 299] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 220_DETERMINING DISABILITY--Table of Contents Subpart O_Continuing or Stopping Disability Due to Substantial Gainful Activity or Medical Improvement Sec. 220.182 Before a disability annuity is stopped. Before the Board stops a disability annuity, it will give the annuitant a chance to explain why it should not do so. ...


not disabled. (a) General. If the Board determines that the annuitant does not meet the disability requirements of the law, the disability annuity will generally...


another impairment(s). If a new severe impairment(s) begins in or before the month in which the last impairment(s) ends, the Board will find that disability...


find out whether the annuitant continues to be disabled. After the Board finds that the annuitant is disabled, the Board must evaluate the annuitant's impairment(s)...


conduct a continuing disability review. (a) General. The Board conducts continuing disability reviews to determine whether or not the annuitant continues to meet...


was expected and the annuitant returned to work. If the annuitant's impairment was expected to improve and the annuitant returned to full-time work with...


a jurisdiction decision may be reversed. Authority: Sec. 7(b)(1), Pub. L. 94-547 (45 U.S.C. 231f(b)(1)). Source: 47 FR 7656, Feb. 22, 1982,...


least ten years (120 months) of creditable service under the Railroad Retirement Act, and to his or her eligible spouse. Creditable service is described in part 220 of...


Social Security Administration considers in determining benefits payable) to the Social Security Administration when-- (a) Life and death cases. A living or deceased...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR221.4] [Page 410] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 221_JURISDICTION DETERMINATIONS--Table of Contents Sec. 221.4 When a jurisdiction decision may be reversed. The Board may reverse a jurisdiction decision whenever evidence is received by the Board indicating that the original decision was incorrect. ...


Other regulations related to this part. 222.4 Homicide of employee. Subpart B_Relationship as Wife, Husband,...


to an entitlement claimant for a calendar month and made to him or her on the first day of the following month. Apply means to sign a form or statement that the...


Part 216 describes when a person is eligible for an annuity under the Railroad Retirement Act. Part 217 describes how to apply for an annuity or for lump-sum payments. ...


entitled to an annuity or lump-sum payment based on the employee's earnings record (service and compensation). Further, the convicted person is considered not to exist in deciding...


(a) The claimant's relationship as the wife or husband of an employee is determined when the claimant applies for an annuity, or when there is a claim which...


or widow(er) of an employee if the law of the State in which the employee has or had a permanent home would recognize that the claimant and employee were validly married,...


valid by the courts of the State in which the marriage ceremony took place. Generally, State law provides various procedures which must be followed, such as designation...


one which is not solemnized in a formal ceremony, but is generally evidenced by a consummated agreement to marry between two persons legally capable of making a marriage...


established under State law, a claimant may still be found to have the relationship as spouse of an employee based upon a deemed marriage. A claimant is deemed to be the...


(a) He or she and the employee are living in the same household; or (b) The employee is contributing to the support of the spouse or widow(er);...


that the employee and spouse customarily live together as a married couple in the same residence. (b) The employee and spouse are also considered members of the...


care'' means a child who has been living with the claimant for at least 30 consecutive days unless-- (a) The child is in active military service; (b) The child is 18...


child is in care. A child living apart from a claimant is in that claimant's care if-- (1) The child lives apart or is expected to live apart from the claimant for not...


spouse, surviving divorced spouse, or remarried widow(er) is made. (a) Divorced spouse. The claimant's relationship as the divorced spouse of an employee...


A final divorce, often referred to as an absolute divorce, completely dissolves the marriage relationship and restores the parties to the status of single persons....


A claimant will be considered to be the divorced spouse of an employee if-- (a) His or her marriage to the employee has been terminated by a final divorce; and ...


A claimant will be considered to be the surviving divorced spouse of a deceased employee if the conditions in either paragraph (a) or (b) of this section are met: ...


(a) New eligibility. A claimant will have the relationship of a remarried widow(er) if he or she is the widow(er), as discussed in Sec. 222.11, of an employee and...


person's relationship as the child of the employee and that person's dependency on the employee (see subpart F of this part) when-- (1) The wife or husband of an...


are claimants under paragraph (a)(1), (a)(2), or (a)(3) of Sec. 222.30, a person will be considered the child of the employee when that person is-- (1) The natural or...


both annuity and lump-sum payment purposes if one of the following sets of conditions is met: (a) State inheritance law. Under relevant state inheritance law,...


be the child of the employee for both annuity and lump-sum payment purposes if the employee legally adopted the claimant in accordance with applicable State law. Legal...


defective under State law or where a contemplated legal adoption was not completed, a claimant may be considered to be an equitably adopted child. A claimant will have...


an employee, and will be considered a child for annuity but not for lump-sum benefit purposes if-- (a) The claimant's natural or adoptive parent married the...


stepgrandchild of an employee, or the grandchild or stepgrandchild of an employee's spouse, and be considered a child for annuity purposes if the requirements in both...


(a) Parent. The claimant's relationship as a parent of the employee is determined when the claimant applies for an annuity or for lump-sum payments. ...


purposes of applying for an annuity, a claimant is considered the employee's parent when the claimant-- (1) Is the natural mother or father of the employee, and is...


of a person if the employee gives cash, goods, or services to help support such person. Support includes food, clothing, housing, routine medical care, and other ordinary...


provides one-half support to a person if the employee makes regular contributions to that person's support, and the amount of the contributions is equal to or in excess...


to have the relationships to the employee shown below for lump-sum payment purposes: (a) Grandchildren. A grandchild is a separate class of beneficiary to be...


for a child's annuity or for increasing an employee or spouse annuity under the social security overall minimum provision on the basis of the presence of a child in...


to be dependent upon the employee. However, if the child is legally adopted by someone else during the employee's lifetime and, after the adoption, a child's annuity...


a child before he or she could become entitled to a social security benefit (treating his or her railroad compensation as wages under that Act), the child is...


is not the employee's natural child, stepchild, grandchild, or stepgrandchild, and who is adopted by the employee after the employee could become entitled to an old age or...


If an employee legally adopts his or her grandchild or the spouse's grandchild after he could become entitled to an old age or disability benefit under the Social Security...


on the employee if the stepchild receiving at least one-half of his or her support from the employee at one of the times shown in Sec. 222.51. [54 FR...


described in Sec. 222.36, is considered dependent on the employee if the requirements in both paragraphs (a) and (b), or paragraph (c) of this section are met: (a)...


Sec. 222.34, is considered dependent upon the employee if the employee was either living with or contributing to the support of the child at the time of his or her death. If...


in the same household with the employee and the employee has parental control and authority over the child's activities. The child is considered to be ``living with''...


Definitions. 225.3 PIA computation formulas. 225.4 Limitation on amount of earnings used to compute a PIA. Subpart B_PIA's Used in...


result of dividing the total of the indexed earnings through the indexing year and the nonindexed earnings after the indexing year in the benefit computation years by the number...


formulas determined by the employee's eligibility year. In addition, there is a special PIA formula, based on an employee's years of coverage, that is used when it produces...


based on a combination of compensation and wages, while other PIA's used by the Board are based solely on either compensation or wages. For purposes of crediting earnings...


This subpart contains information about the PIA's that can be used in computing most employee, spouse and divorced spouse annuities. The Tier I PIA is used in computing the tier...


(a) General. The Tier I PIA is used in computing an employee, spouse or divorced spouse tier I amount. Except for the cases described in paragraphs (b) through (d) of this section,...


(a) General. The Combined Earnings Dual Benefit PIA is used in computing the employee vested dual benefit when the employee meets certain eligibility...


Benefit PIA. (a) General. The Social Security Earnings Dual Benefit PIA is used in computing the employee vested dual benefit when the employee meets certain...


(a) General. The Railroad Earnings Dual Benefit PIA is used in computing the employee vested dual benefit when the employee meets certain eligibility...


The Overall Minimum PIA is considered when the employee would be eligible for an old age insurance benefit or a disability insurance benefit under section 202 or 223 of the...


The Survivor Tier I PIA and the Employee RIB PIA are used in computing the tier I component of a survivor annuity. The Combined Earnings PIA, Social Security Earnings PIA...


PIA. The Survivor Tier I PIA is used in computing the tier I component of a survivor annuity. This PIA is determined in accordance with section 215 of the Social Security...


in survivor annuities. The Employee Retirement Insurance Benefit PIA (Employee RIB PIA) is used to compute the employee RIB amount when the employee had received...


used in survivor annuities. The Combined Earnings PIA used in survivor annuities may be used in computing the tier II component when the survivor tier II is based on...


in survivor annuities. The Social Security Earnings PIA (SS Earnings PIA) used in survivor annuities may be used in computing the tier II component when the...


in survivor annuities. The Railroad Earnings PIA (RR Earnings PIA) used in survivor annuities may be used in computing the tier II component when the survivor tier II...


The Residual Lump-Sum PIA (RLS PIA) is used to compute the regular retirement annuity amounts to be deducted from the gross residual lump- sum amount in determining...


a PIA. An employee who would have an insured status in accordance with section 214(a) of the Social Security Act based on combined railroad and social security earnings...


used in computing the following benefits: (1) Tier I PIA used in computing a retirement employee annuity. (2) Overall Minimum PIA used in computing a retirement...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR225.32] [Page 431] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 225_PRIMARY INSURANCE AMOUNT DETERMINATIONS--Table of Contents Subpart D_Delayed Retirement Credits Sec. 225.32 DRC's and the Special Minimum PIA. Delayed retirement credits cannot be added to the Special Minimum PIA. Delayed retirement credits can only be added to the regular PIA's used in computing the benefits outlined in Sec. 225.31. ...


which the employee is-- (1) ``Full retirement age'' or older and under age 70 (72 before 1984); and (2) Fully insured under section 214(a) of the Social Security...


(1) The year the employee reaches ``full retirement age''; and (2) The number of months for which the credit is due, as explained in Sec. 225.33. (b) The...


Delayed retirement credits earned at different times are added to the PIA used in computing a retirement annuity...


divorced spouse. Delayed retirement credits that the employee earned are used in computing the tier I component of a widow(er), remarried widow(er) or surviving...


section 215(i) of the Social Security Act. The Social Security Administration determines the percentage amount of any cost-of-living increase paid by...


the social security trust funds, the increase can be based on rises in either the consumer price index as published by the Department of Labor or the average wage index which...


of the cost-of-living increase is published in the Federal Register by the Secretary of Health and Human Services within 45 days of the end of the measuring period used in...


Tier I, Employee RIB and RLS PIA's are adjusted for cost-of-living increases. The remaining PIA's described in subparts B and C of this part are frozen at the...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR225.44] [Page 433] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 225_PRIMARY INSURANCE AMOUNT DETERMINATIONS--Table of Contents Subpart E_Cost-of-Living Increases Sec. 225.44 When a cost-of-living increase is payable. A cost-of-living increase is payable beginning with December of the year for which the increase is due. The increase is paid in the January payment. ...


as explained in Sec. 225.52. Most recomputations result in an increase in the PIA. The Board pays a recomputed PIA when an increase of at least $1 results....


(a) Tier I PIA; (b) Survivor Tier I PIA; (c) Overall Minimum PIA; (d) Employee RIB PIA; and (e) Residual...


(a) Recomputation to consider additional earnings. (b) Recomputation when an employee is eligible for periodic pension payments based on other than railroad or...


a recomputation--(1) Earnings not included in earlier computation or recomputation. The most common reason for recomputing a PIA is to include earnings that were not...


railroad or social security earnings. (a) Description. This recomputation serves as a reduction in the PIA for entitlement to a periodic pension based, in part or in whole,...


If a new formula for computing or recomputing PIA's is enacted into law and the annuitant is eligible for the recomputation, the Board will recompute the PIA...


retired, disabled and recently deceased employee to see if a recomputation of the PIA is necessary. When a recomputation is called for due to a change in the reported...


request that his or her PIA be recomputed sooner than it would be recomputed automatically. Providing inclusion of the additional earnings increases the PIA, the Board...


any way by a recomputation of a PIA to consider additional earnings, a request can be made to waive or give up the right to the recomputation. Such a request must be in...


(a) Description. The Tier I PIA of an employee who is entitled to an age annuity based on 30 years of railroad service is adjusted when the employee...


Introduction. 226.2 Definitions. 226.3 Other regulations related to this part. Subpart B_Computing An...


Annuity means a payment due an entitled individual for a calendar month and payable to him or her on the first day of the following month. Eligible means that...


part 216 of this chapter, which describes when an employee, spouse, or divorced spouse is eligible for an annuity, part 225 of this chapter, which explains the...


an amount similar to the social security benefit the employee would receive based on combined railroad and social security earnings. The tier I benefit is computed as...


based only on railroad service. For annuities awarded after September 1981, the tier II benefit is computed as follows: (a) The product obtained by multiplying...


dual benefit is payable, in addition to tiers I and II, to an employee who meets one of the following requirements: (1) Employee worked in the railroad industry in...


If the employee's annuity begins June 1, 1975 or later, a cost-of- living increase is added to the total vested dual benefit amount. This increase is based on the...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR226.14] [Page 439] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 226_COMPUTING EMPLOYEE, SPOUSE, AND DIVORCED SPOUSE ANNUITIES --Table of Contents Subpart B_Computing an Employee Annuity Sec. 226.14 Employee regular annuity rate. The regular annuity rate payable to the employee is the total of the employee tier I, tier II, and vested dual benefit amounts, from Sec. Sec. 226.10-226.12. ...


annuity as computed under this subpart may be reduced by premiums required for supplemental medicare coverage, income tax withholding, recovery of debts due the...


addition to tiers I and II and the vested dual benefit to an employee who meets the requirements of Sec. 216.41 of this chapter. The supplemental annuity is equal to $23...


(a) General. The tier I of a spouse or divorced spouse annuity is an amount similar to the social security benefit the spouse or divorced spouse would receive based on the...


I annuity component of an spouse/divorced spouse annuity, as described in the preceding sections of this part, is reduced if the spouse/divorced spouse is in receipt of a...


computed as follows: (a) The employee's tier II amount as computed under Sec. 226.11 of this part, after any reduction for entitlement to a vested dual benefit but...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR226.33] [Page 442] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 226_COMPUTING EMPLOYEE, SPOUSE, AND DIVORCED SPOUSE ANNUITIES --Table of Contents Subpart C_Computing a Spouse or Divorced Spouse Annuity Sec. 226.33 Spouse regular annuity rate. The final tier I and tier II rates, from Sec. Sec. 226.30 and 226.32, are added together to obtain the total spouse regular annuity rate. ...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR226.34] [Page 442] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 226_COMPUTING EMPLOYEE, SPOUSE, AND DIVORCED SPOUSE ANNUITIES --Table of Contents Subpart C_Computing a Spouse or Divorced Spouse Annuity Sec. 226.34 Divorced spouse regular annuity rate. The regular annuity rate of a divorced spouse is equal to his or her tier I amount. The divorced spouse is not entitled to a tier II benefit. ...


annuity rate of the spouse and divorced spouse annuity may be reduced by premiums required for supplemental medicare coverage, income tax withholding (spouse annuity only),...


family benefits which limits the amount of certain portions of the employee and spouse annuity. This railroad retirement family maximum amount varies according to the...


maximum is equal to an employee's ``final average monthly compensation'' (FAMC) up to \1/2\ of \1/12\ of the annual maximum tier I earnings as shown in part 224 of this...


amount which is compared to the maximum monthly amount to determine if a reduction for the railroad retirement family maximum applies is determined by adding together the amounts...


compensation used in computing an employee's tier II annuity rate are based on the employee's creditable railroad service and compensation as described in parts 210...


military service. An employee is deemed to have filed a claim for the use of military service and earnings as service and compensation under the Railroad Retirement Act if-- ...


employee's average monthly compensation is computed by first determining the employee's highest 60 months of railroad compensation (disregarding compensation in excess of the...


yearly compensation. If Board records do not show monthly compensation for a year, the monthly compensation is determined by dividing the total compensation reported for the year...


General. For any month an employee disability annuitant is entitled to workers' compensation or a public disability benefit, the tier I benefit of...


Initial reduction. (a) When reduction is effective. A reduction for other disability benefits begins with the first month the employee is receiving both...


226.72 Benefits that do not cause a reduction. The tier I is not reduced for the following types of benefits: [[Page 446]] (a) A benefit paid under...


Changes in reduction amount. The reduction amount is not changed when a tier I benefit increases because of a recomputation or a general adjustment in annuity...


226.74 Redetermination of reduction. (a) General. The average current earnings are redetermined in the second year after the year the reduction for other...


applies. An employee's annuity may be recomputed to include additional railroad service and compensation and social security wages which the...


employee annuity rate is recomputed. (a) Tier I. A recomputation is made if any social security wages or railroad compensation for a year in which the employee returned to...


recomputation on spouse and divorced spouse annuity. The annuity of a spouse or divorced spouse is recomputed to use the employee's recomputed tier I PIA and tier II...


Reduction for employer pension. 227.5 Employer tax credits. Authority: 45 U.S.C. 231f(b)(5). Source: 50 FR 11502, Mar. 22, 1985, unless...


$23 for an employee's first 25 years of service plus $4 for each added year of service up to 30 years. The highest supplemental annuity rate is $43 for an employee with 30...


tier II rate, as shown in part 226 of this chapter, the initial supplemental annuity rate from Sec. 227.2 is reduced by the smaller of-- (a) The difference between the...


receiving for that month based on the contributions of a railroad employer. This reduction is applied to the supplemental annuity amount after any reduction for...


reduced because of the pensions. Non-negotiated pensions are paid under pension plans that are not established by collective bargaining agreements. The tax credits for each...


Tier I and tier II annuity components. Subpart B_The Tier I Annuity Component 228.10 Computation of the tier I annuity component for...


is generally the amount that would have been payable under the Social Security Act if all of the employee's earnings after 1936 under both the railroad retirement system...


and a surviving divorced spouse. The tier I annuity component for these beneficiaries is generally based on the survivor tier I Primary Insurance Amount...


with a child in care, or a surviving divorced spouse with a child in care. The tier I annuity component of a widow(er), remarried widow(er), or a...


The tier I annuity component of a child's insurance annuity is 75 percent of the PIA computed under Sec. 228.10 of this part. The amount may be adjusted for the family maximum. See...


The tier I annuity component of a parent's insurance annuity is dependent on whether one or two parents are entitled. (a) One parent entitled. A parent's tier I annuity component...


of total monthly benefits that can be paid for any month on one person's earnings record is limited. This limited amount is called the family maximum. The family maximum...


tier I annuity component is reduced 19/40 of 1 percent multiplied by the number of months before the annuitant attains full retirement age (presently age 65) effective...


the previously-computed age reduction factor is adjusted to remove those months for which a full annuity was not paid even though the individual...


widow(er)'s tier I annuity amount. (a) If the employee died before attaining age 62 and after 1978 and the widow(er), disabled widow(er), remarried widow(er),...


widow(er), surviving divorced spouse, or disabled widow(er) annuity, as described in the preceding sections of this part, is reduced if the survivor is in receipt of...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR228.19] [Page 453] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 228_COMPUTATION OF SURVIVOR ANNUITIES--Table of Contents Subpart B_The Tier I Annuity Component Sec. 228.19 Reduction for a social security benefit. The tier I annuity component is reduced for the amount of any social security benefit to which the survivor annuitant is entitled. ...


annuity as a survivor, and is also entitled to an employee annuity, then the survivor annuity must be reduced by the amount of the employee annuity. However, this reduction does...


to both a spouse or divorced spouse and survivor annuity, only the larger annuity will be paid. However, if the individual so chooses, he or she may receive the smaller...


one survivor annuity, only the larger annuity will be paid. However, if the individual so chooses, he or she may receive the smaller annuity rather than the...


the family maximum, if applicable, then any applicable age reduction, then by any public pension offset, then by any social security benefit payable, then by the tier...


annuity component of a survivor annuity is increased at the same time and by the same percentage as the increase provided for under section 215(i) of the Social Security Act. The...


II annuity component is an additional amount payable to a widow(er), disabled widow(er), child, or parent, but not to a surviving divorced spouse or remarried widow(er), and a...


a portion of the cost-of-living increases payable on the tier I annuity component be offset from the amount of the tier II annuity. This amount is the takeback amount....


of a widow(er)'s annuity whose annuity is reduced for receipt of an employee annuity under the Railroad Retirement Act provided either the employee or the widow(er) had...


receive no less as a widow(er) than he or she received as a spouse. However, if the widow(er) becomes entitled to a social security benefit, thus reducing his or her...


Railroad Retirement Act is increased by 32.5 percent of the percentage increase under section 215(i) of the Social Security Act at the same time that any such increase...


Definitions. 229.3 Other regulations related to this part. 229.4 Applying for the overall minimum. Subpart B_Social Security...


payment under the Railroad Retirement Act due and payable to an entitled claimant for a calendar month and made to him or her on the first day of the following month. The recipient of...


this chapter (listed numerically): Part 216 describes when a person is eligible for an annuity under the Railroad Retirement Act. Part 217 describes how to apply...


regarding his or her family and regarding his or her earnings from employment and self-employment in order to determine [[Page 458]] whether the claimant...


security overall minimum guarantee is the amount of total family benefits which would be paid under the Social Security Act if the employee's railroad service had been covered...


that the total annuities payable to the employee and spouse, including the vested dual benefits but not including a supplemental annuity, will not be less than 100...


(a) Overall minimum based on age. An employee annuity can be increased under the age O/M if all the following conditions are met: (1) The employee is entitled to...


Normally, only the employee annuity receives the amount of the overall minimum increase. However, a spouse annuity may be increased under the O/M in cases in which the...


O/M. An increase under the overall minimum in an employee annuity based on age can be paid beginning with the later of: (1) The first day of the first full month throughout...


(a) Spouse. In order to be included as a spouse in the computation of the overall minimum rate, a person must be the employee's wife or husband, as defined...


rate. (a) A spouse who is married to the employee when the employee's application is filed can be included in the computation of the overall minimum rate beginning...


A child who meets the requirements of Sec. 229.30(b) of this part can be included in the computation of the overall minimum rate in the month in which: ...


rate. A divorced spouse annuitant can be included in the computation of the overall minimum rate in the later of the month in which: (1) The employee first...


Employee Age O/M. An increase in an employee's annuity under the overall minimum based on age ends with the month before the month in which the employee dies. If a disability annuity...


overall minimum. A spouse's inclusion in the computation of the overall minimum rate ends the earlier of: (a) The month before the month in which the spouse...


overall minimum. A child's inclusion in the computation of the overall minimum rate ends the earlier of: (a) The month before the month in which the child...


the overall minimum. A divorced spouse's inclusion in the computation of the overall minimum rate ends the earlier of: (a) The month before the month in which...


before adjustment for age, other family members, or other benefits, is the Overall Minimum PIA, as described in part 225 of this chapter. This is the PIA which would...


included in the computation of the overall minimum, a benefit of 50 percent times the Overall Minimum PIA is computed. In the case of a spouse, the benefit may be adjusted for...


minimum, a child's benefit of 50 percent times the Overall Minimum PIA is computed. This amount may be adjusted for the family maximum or...


the amount of monthly benefits that can be paid for any month on one person's earnings record is limited. This limited amount is called the family maximum. The...


(a) Increase in family group. If an overall minimum rate is adjusted for the family maximum and an additional family member can be included, the benefits payable to...


The employee overall minimum benefit is reduced for each month the employee is under retirement age on the date the employee becomes eligible for an increase under the...


spouse overall minimum benefit is not paid for certain months before the employee or spouse attains retirement age, or the employee becomes entitled to a DIB O/M, the...


If an employee received a reduced age O/M before the effective date of a DIB O/M, the PIA amount for the DIB O/M is reduced as if the employee had attained retirement age on...


The total annuity rate under the overall minimum is reduced, but not below zero, by the total amount of the social security benefits being paid to all family members on the...


record. The employee PIA amount under the overall minimum, after any age reduction, is reduced, but not below zero, by the amount of any social security benefit...


overall minimum, after any adjustment for the family maximum and for age, is reduced, but not below zero, by the amount of any social security benefit being paid to the spouse...


overall minimum, after any adjustment for the family maximum, is reduced, but not below zero, by the amount of any social security benefit being paid to the child on other than...


If an annuitant is entitled to both an employee annuity on his or her own earnings record and a spouse annuity on a different earnings record, the total overall minimum rates on...


beneficiary which is not a multiple of $0.10 is rounded to the next lower multiple of $0.10. After reducing each beneficiary's share for other benefits, if the result is not...


(a) When reduction is effective. A benefit computed under the overall minimum based on disability (DIB O/M) is reduced (not below zero) for any month...


reduction amount. (a) Change in DIB O/M. The amount of the worker's compensation or public disability benefit reduction does not change when there is an increase in...


reduction. (a) General. All cases reduced for worker's compensation or public disability benefit are recomputed in the second year after the year the...


DIB O/M. A reduction for entitlement to worker's compensation or a public disability benefit is applied after the DIB O/M is reduced for age and the family maximum....


employment or self- employment in the same manner as a social security benefit. These restrictions on earnings are found at subpart E of part 404 of this chapter. Earnings...


any month in which the disabled employee refuses, without good reason, to accept vocational rehabilitation services available under an approved state program. A...


overall minimum benefit is not payable for any month a spouse, who is included in the overall minimum because he or she has a child in his or her care, is under retirement...


the Board receives notice that the employee has been deported for a reason shown in section 202(h) of the Social Security Act. This restriction no longer applies if...


activities (under chapter 37, 105, or 115 of title 18 of the U.S. Code or section 4, 112, or 113 of the Internal Security Act of 1950, as amended), the court may order...


child who is 55 years old or older is entitled to an O/M benefit based on disability while he or she is working in substantial gainful activity that does not require skills...


spouse are entitled to annuities and the overall minimum rate is higher than the railroad formula rate, the overall minimum amount must be divided between the employee and...


for part of a month. If an employee annuity begins after the first day of the month, the O/M amount payable for the partial month is \1/30\ of the monthly rate times...


rendered. 230.5 Exception concerning service to a local lodge or division. Authority: 45 U.S.C. 231f. Source: Board Order 60-2, 25 FR 593, Jan....


he shall not be paid an annuity with respect to any month in which such service is rendered to: (a) An employer; (b) Any person whether or not an employer by...


the Board shall disregard any compensated service rendered after December 31, 1936, to a local lodge or division of a railway- labor-organization employer if the compensation for...


of retroactive and other similar payments. 233.4 Reconsideration of the reduction computation. Authority: Sec. 1122(c), Pub. L. 97-35, 95 Stat. 638 (45...


in the following manner: the balance in the Dual Benefits Payments Account as determined under Sec. 233.1 shall be divided by the amount of the estimated windfall...


an earlier fiscal year, the reduction factor as imposed with respect to the windfall component of the person's annuity, including that portion attributable to an earlier fiscal...


calculations made under Sec. Sec. 233.1 and 233.2, in view of changes which may occur in the estimates used. If, as a result of this examination, the Board determines that...


Subpart B_Lump-Sum Death Payment 234.10 General. 234.11 1974 Act lump-sum death payment. 234.12 1937 Act lump-sum...


lump-sum for himself, herself or for some other person. Apply means to sign a form or statement that the Board accepts as an application. Burial expenses means...


railroad service and a current connection with the railroad industry dies and is not survived by an individual who is eligible for a monthly annuity in the month the employee...


if she or he was ``living in the same household'' as the employee at the time of the employee's death. (Refer to Sec. 234.21 for an explanation of ``living in the...


(1) The employee's ``living with'' widow(er) is paid the total amount of the LSDP. (Refer to Sec. 234.21 for an explanation of ``living with.'') (2) A funeral home,...


(a) A person who has assumed responsibility for all or part of the burial expenses files an application authorizing payment to the funeral home. Usually, the...


may consist of: (1) The individual's own money; (2) Money in a joint account with the employee or another individual; (3) Money paid to an individual...


if the funds used to pay burial expenses consisted of: (1) Money in the employee's single-ownership bank account; (2) Money paid directly to the funeral home by...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR234.16] [Page 473] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 234_LUMP SUM PAYMENTS--Table of Contents Subpart B_Lump-Sum Death Payment Sec. 234.16 When a widow(er) is eligible as an equitably entitled person. When a widow(er) files for an LSDP and the ``living with'' requirement (described in Sec. 234.21) is not met, the widow(er) could be paid as an equitably entitled person. ...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR234.17] [Page 473-474] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 234_LUMP SUM PAYMENTS--Table of Contents Subpart B_Lump-Sum Death Payment Sec. 234.17 When an equitably entitled person's estate is payable. When an equitably entitled person dies before negotiating the LSDP [[Page 474]] check, that person's share is payable to his or her estate. ...


employee's widow(er), even if someone may be entitled to a monthly annuity in the month of the employee's death. A deferred LSDP is the difference between the amount of the...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR234.19] [Page 474] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 234_LUMP SUM PAYMENTS--Table of Contents Subpart B_Lump-Sum Death Payment Sec. 234.19 Effect of payment on future entitlement. Payment of an LSDP does not affect the entitlement of survivors to monthly annuities at a later date. ...


Average monthly remuneration (AMR) means the amount obtained by adding together the creditable compensation and wages earned by the employee after 1936 and before the...


considered ``living with'' the employee at the time of the employee's death, if one of the following conditions applies: (1) The employee and spouse were members of the...


may be due, the total of those annuities become payable to certain survivors in a lump-sum. Refer to Sec. 234.31 [[Page 475]] through Sec. 234.34 for information...


a supplemental annuity which is unpaid at the death of the employee is payable in the following order and amounts: (a) A surviving spouse, who was ``living with'' (see...


the death of the spouse or divorced spouse is paid in the following order and amounts: (a) The employee receives the full amount. (b) If the employee died...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR234.33] [Page 475] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 234_LUMP SUM PAYMENTS--Table of Contents Subpart C_Annuities Due but Unpaid at Death Sec. 234.33 Survivor annuities. Any survivor annuity which is unpaid at the death of the survivor is paid in the same order and amounts as described in Sec. 234.31(a) and Sec. 234.31(c) through Sec. 234.31(f). ...


If a person, who is entitled to unpaid annuities based upon his or her relationship to the employee, dies before negotiating the check in payment of the unpaid annuities,...


are guaranteed to receive at least as much in benefits as the employee paid in railroad retirement taxes during the years 1937 through 1974. An RLS payment can be made only if...


order, [[Page 476]] to: beneficiaries designated by the employee; surviving relatives of the employee in order provided by law (see Sec. 234.44); or...


the RLS on a form available at any Board office. The employee may specify the share that each beneficiary is to receive. Also, the employee may designate...


paid the RLS to the exclusion of alternate beneficiaries. If a designated beneficiary dies before the date on which the RLS becomes payable, his or her share of the...


designate a beneficiary or was not survived by a designated beneficiary, the RLS is payable to surviving relatives of the employee in the following order of relationship to...


relatives survive the employee when the RLS becomes payable, the employee's estate may be paid the RLS. Employees may also designate their estates to receive all or a...


compensation, including military service, as described in Sec. 234.48. (Creditable compensation and military service are discussed in parts 211 and 212 of this...


immediate or future monthly survivor benefits payable to anyone other than a widow(er) or parent. A widow(er) or parent can elect to have the RLS paid in lieu of future...


creditable compensation shown in Table I. However, compensation may only be credited up to the maximum amounts shown in Table II. (a) Percentages of...


are not entitled to a vested dual benefit payment, may be eligible for a lump-sum refund payment if they had concurrent railroad and social security earnings within the period...


the Board, without applying for it, at the time their regular annuity is awarded. If an employee dies without receiving payment of a regular annuity, the lump-sum...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR234.52] [Page 477] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 234_LUMP SUM PAYMENTS--Table of Contents Subpart E_Lump-Sum Refund Payment Sec. 234.52 Effect of payment on other benefits. The lump-sum refund payment is deductible from the RLS; however, it has no effect on the payment of other benefits. ...


(1) Combine the railroad employee's creditable earnings, including military service, under the Social Security Act and Railroad Retirement Act...


Railroad Retirement Act certain railroad employees who have received separation or severance payments may be entitled to a lump-sum payment if tier II railroad retirement...


has completed 10 years of service at the time of his or her retirement or death and who has received on or after January 1, 1985, a separation allowance or severance payment (see...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR234.57] [Page 478] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 234_LUMP SUM PAYMENTS--Table of Contents Subpart F_Tier II Separation Allowance Lump-Sum Payment Sec. 234.57 Effect of payment on other benefits. The tier II separation allowance lump-sum payment has no effect on the payment of other benefits. ...


payment is calculated as follows: (a) Determine the amount of the compensation due to the receipt of separation or severance pay that could not be considered in...


Any payment under this part which would be payable to any state, political subdivision of a state, the U.S. government or a foreign government because of the lack of a legal...


may assign his or her share to another eligible applicant, provided the share is not more than $500. (b) If an LSDP or accrued annuity is payable, the request that...


the nature of a felony of intentionally causing the employee's death shall not be entitled to any benefits under the Railroad Retirement Act. If a charge of felony is...


Who is paid social security benefits by the Board. 235.4 How the Board pays social security benefits. Authority: 45 U.S.C. 231f. Source: 54 FR 5225,...


(a) Part 216 describes when a person is eligible for an annuity under the Railroad Retirement Act. (b) Part 222 defines family relationships (for example, who is the...


are paid such benefits by the Board: (a) A railroad employee who has been credited with at least 120 months of railroad service; (b) A wife or husband of...


by the Social Security Administration to be entitled to social security benefits, the Social Security Administration certifies such benefits to the Board for payment by...


support and alimony obligations. 243.3 Payments pursuant to court decree or court-approved property settlement. 243.4 Taxation of...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR243.2] [Page 480] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 243_TRANSFER, ASSIGNMENT, OR WAIVER OF PAYMENTS--Table of Contents Sec. 243.2 Legal process for the enforcement of child support and alimony obligations. Benefits paid by the Board are subject to legal process brought for the enforcement of legal obligations to provide child support or to make alimony payments, as provided in part 350 of this chapter. ...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR243.3] [Page 480] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 243_TRANSFER, ASSIGNMENT, OR WAIVER OF PAYMENTS--Table of Contents Sec. 243.3 Payments pursuant to court decree or court-approved property settlement. Certain annuity components are subject to division pursuant to a court decree or to a court-approved property settlement incident to any such decree, as provided in part 295 of this chapter. [[Page 481]] ...


portion equivalent to the amount of the benefit that the person would have actually received under the Social Security Act if railroad service had been creditable under...


the social security overall minimum provision, guarantees that an annuitant will receive, in combined benefits under the Railroad Retirement and Social Security Acts,...


waive such annuity in whole or in part by filing with the Board a statement to that effect signed by him or her. (b) Such a waiver shall be effective as of the date specified...


be recovered. 255.5 Recovery by cash payment. 255.6 Recovery by setoff. 255.7 Recovery by deduction in computation of death benefit. 255.8 Recovery by adjustment...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR255.2] [Page 482] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 255_RECOVERY OF OVERPAYMENTS--Table of Contents Sec. 255.2 Overpayments. An overpayment, within the meaning of this part, is made in any case in which an individual receives a payment under the Railroad Retirement Act, all or part of which payment he or she is not entitled to receive. ...


administrative relief from recovery is granted under Sec. 255.16 of this part, or where the overpayment is compromised or recovery is terminated or suspended under Sec....


been made by any method permitted by this part, or by the Federal Claims Collection Standards (4 CFR chapter 2) (Example 1 of this section). If the overpaid individual...


However, if the Board determines that the individual is financially unable to pay the amount of the indebtedness in a lump sum, payment may be accepted in...


to the individual who received the overpayment. An overpayment may be recovered from someone other than the overpaid individual by setoff from a subsequent payment determined...


include in the benefits to be deducted from the applicable percentages of the aggregate compensation provided for in that part all overpayments, whether waived under...


to the individual or individuals from whom recovery is sought. This method of recovery is called an actuarial adjustment of the annuity. The Board cannot require any...


and where recovery of the overpayment by such means will be accomplished within a period of 5 months, and the individual from whom recovery is sought is an enrollee under Part B...


to an individual or where payment has been made to an individual not entitled thereto if in the judgment of the Board: (a) The overpaid individual is without fault, and ...


recovery is sought from other than the overpaid individual but the overpaid individual was not without fault, then waiver is not available. However, see Sec. 255.16...


annuities and other benefits to eligible beneficiaries. It is contrary to the purpose of the Act for an overpayment to be recovered from income and resources which...


to him or her or on notice that payment would be made, relinquished a significant and valuable right (Example 1 of this section) or changed his or her position to his or...


under the Railroad Retirement Act due to the overpaid individual's entitlement to social security benefits and recovery of such overpayment may be made by offset against...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR255.15] [Page 486-487] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 255_RECOVERY OF OVERPAYMENTS--Table of Contents Sec. 255.15 Waiver to an estate. It shall never be considered contrary to the purpose of the Railroad Retirement Act to recover an overpayment [[Page 487]] from the estate of an overpaid individual. ...


in Sec. 255.4 of this part, and where waiver of recovery, as provided for in Sec. 255.10 of this part, is not available because the overpaid individual was at fault as defined...


a representative payee (see part 266 of this chapter) the Board may recover the overpayment from either the representative payee or the beneficiary, or both. If the beneficiary...


compromise an overpayment. In addition, the Board may compromise an overpayment under the Federal Claims Collection Standards set forth in 4 CFR part 103. (b)...


or termination of the collection of an overpayment. In addition the Board may suspend or terminate collection under the Federal Claims Collection Standards set forth in...


Procedure when examiner appointed. 258.7 Board decisions and opinions and dissenting opinions. Authority: Sec. 10, 50 Stat. 314, as amended; 45...


produce records and documents. (b) Designation by the Board of any person as an examiner to preside at and conduct such hearings shall constitute a delegation of...


chapter may, upon such person's or persons' own motion or upon application of any party to such hearing, issue a subpoena for a witness or witnesses. An application for...


shall deliver a copy of the subpoena to the person or persons named therein, and shall at that time tender to that person or persons the fees for one day's attendance...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR258.5] [Page 489] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 258_HEARINGS BEFORE THE BOARD OR DESIGNATED EXAMINERS--Table of Contents Sec. 258.5 Exhibits. Copies of all exhibits admitted in evidence at any hearing held pursuant to the provisions of this part shall be furnished by the party offering the same to all other parties participating in the proceedings. ...


respect to a matter before it, the examiner shall preside at the hearing and shall cause all testimony to be recorded. The examiner shall, as soon as practicable following...


to matters of internal administration: A decision made by at least two members of the Board shall constitute the decision of the Board. The decision of the Board shall...


determinations with respect to employer and employee status. 259.2 Parties to determinations with respect to employer and...


(a) With respect to any determination under this part concerning the status of a person as an employer under the Railroad Retirement Act and the Railroad...


status. (a) A party to an initial decision issued under Sec. 259.1 shall have the right to request reconsideration of that decision. A request for...


responsibilites under Sec. 259.1 or Sec. 259.3, the General Counsel or his or her designee shall have the authority and the power to conduct any investigations he deems...


by a decision of the Board under this part may obtain review of such decision by filing a petition for review in the United States court of appeals for the circuit in...


by the Board at the initial or reconsideration stages shall be considered a final determination and shall be binding with respect to all parties unless reversed...


compensation credited to an employee. 260.3 Request for reconsideration of initial decision. 260.4 Request for waiver of recovery of an overpayment and/or for ...


a timely request by an employee for amendment with respect to the number of service months and amount of compensation credited to the employee by the Board under the...


the right to file a request for reconsideration of an initial decision described in Sec. 260.1(a) or in Sec. 260.2. Provided, however, That: (1) An individual under...


(a) General. A beneficiary who has been determined to have received an erroneous payment under Sec. 260.1(a)(7) shall have the right, upon the filing of a timely request...


Hearings and Appeals from any reconsideration decision with which he or she disagrees. (b) Appeal from a reconsideration decision. Appeal from a reconsideration decision...


45 days after the hearing is held. (b) Submission of additional evidence. If the hearings officer requests additional evidence, he or she shall do so within 30 days...


the hearings officer does not schedule the case for hearing, or the evidence in the record supports a favorable decision without a hearing, or a hearing is not...


or her own motion, refer the case back to the office of the Board which issued the initial decision for the purpose of reconsideration of that decision, where the hearings...


the Railroad Retirement Board from any decision of a hearings officer by which he or she claims to be aggrieved. (b) Appeal from decision of hearings officer. Final...


purposes of this part, a document or form is filed on the day it is received by an office of the Board or by an employee of the Board who is authorized to receive it at a place...


administrative ruling. 261.4 Decisions which shall not be reopened. 261.5 Late completion of timely investigation. 261.6 Notice of revised decision. 261.7 Effect...


(b) Within four years of the date of the notice of such decision, if there is new and material evidence or there was adjudicative error not consistent with the evidence of record...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR261.3] [Page 503] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 261_ADMINISTRATIVE FINALITY--Table of Contents Sec. 261.3 Change of legal interpretation or administrative ruling. A change of legal interpretation or administrative ruling upon which a decision is based does not render a decision erroneous and does not provide a basis for reopening. ...


to have been in compensated service to an employer under part 202 of this chapter on that annuity beginning date and who is found not to be at fault in causing the...


the Railroad Retirement Board begins an investigation into whether to revise the decision before the applicable time period expires and the agency diligently pursues...


The notice will state the basis for the revised decision and the effect of the revision. The notice will also inform the parties of the right to further review. (b)...


chapter; (b) The three-member Board reviews the revised decision; or (c) The revised decision is further revised consistent with...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR261.8] [Page 504] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 261_ADMINISTRATIVE FINALITY--Table of Contents Sec. 261.8 Time and place to request review of a revised decision. A party to a revised decision may request, as appropriate, further review of the decision in accordance with the rules set forth in part 260 of this chapter. ...


fact made in a decision in the first claim may be revised in determining or deciding the second claim, even though the time limit for revising the findings made in the first...


expired, new evidence is furnished showing a different date of birth or new evidence is furnished which would cause a correction in a record of compensation as provided for in part...


direct that any decision, which is otherwise subject to reopening under this part, shall not be reopened or direct that any decision, which is otherwise not subject to...


determining whether to make representative payments. 266.4 Information considered in selecting a representative payee. 266.5 Order of preference in selecting...


person legally vested with the care of the person or estate of an incompetent or a minor who is receiving or claiming benefits or to whom any right or privilege is extended under...


following information: (a) Evidence of legal guardianship. Evidence of the appointment of a legal guardian or other person legally vested with the care of the person...


institution that will best serve the interest of the annuitant. In making this selection, the Board may consider such factors as the following: (a) The relationship of...


preferences are flexible. The primary concern of the Board is to select the payee who will best serve the annuitant's interest. The preferences are: (a) For annuitants...


payee-applicant to provide information concerning the factors listed in Sec. 266.4 of this part. An employee of the Board may also conduct a face-to-face interview with...


representative payees. The Board may also, at the Board's option, verify how a representative payee used benefit payments. A representative payee must keep records of...


to name a representative payee, the Board will notify the annuitant or, in the case of an unemancipated minor under age 18, or an individual who is legally incompetent,...


apply the payments [[Page 509]] made to him or her on behalf of the annuitant only for the use and benefit of such annuitant, and in a manner...


been applied for the use and benefit of the annuitant when they are used for the annuitant's current maintenance. Current maintenance includes costs incurred in...


maintenance or reasonably foreseeable needs or the support of legal dependents or to pay creditors in accordance with Sec. 266.10, they shall be conserved or invested on...


guardian or other person legally vested with the care of the person or estate of an incompetent or a minor shall be considered by the Board in the same manner and with the same...


representative payee or that the present representative payee is no longer able to carry out the payee responsibilities, the Board will undertake to find a new...


to manage or direct the management of benefit payments, the Board will make direct payment to the annuitant. Information which the annuitant may give to the Board to...


behalf of an annuitant shall, upon direction of the Board, transfer any such funds (including interest or dividends earned from investment of such funds) to a...


of documentation. 295.5 Limitations. 295.6 Disclosure of information. 295.7 Miscellaneous. Authority: 45 U.S.C. 231f; 45 U.S.C. 231m. ...


court of competent jurisdiction of any state, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands,...


or a property settlement which meets the following criteria: (1) The court decree or property settlement must provide that the spouse or former spouse is awarded...


the court decree or property settlement to determine that it complies with both the law of the jurisdiction, and with Federal law and these regulations. (b)...


this part only if the employee has been awarded an annuity under the Railroad Retirement Act. Payments to a spouse or former spouse shall be made only for months and from...


part pursuant to a court decree or property settlement shall not be construed to be a waiver of the sovereign immunity of the Railroad Retirement Board as an agency of the...


the Board shall [[Page 516]] not be required to disrupt its normal disbursement cycle, despite any special schedule of accrual or payment of amounts due the...


For the purposes of the regulations in this part, except where the language or context indicates otherwise: (a) The term ``act'' means the Railroad Unemployment...


(a) The term ``employer'' means any carrier (as defined in subsection (b) of this section), and any company which is directly or indirectly owned or controlled by one or more...


who are employers under the Railroad Unemployment Insurance Act to the same extent and in the same manner as they are applicable to the determination of who are...


benefit year. 302.6 Publication requirements. 302.7 Establishing base year service and compensation. Authority: 45 U.S.C. 362(1). Source: 56 FR...


term ``benefit year'' means the 12-month period beginning July 1 of any year and ending June 30 of the next year. If a registration period begins in June and ends in July, the...


an amount equal to at least 2.5 times the amount of the monthly compensation base during his or her base year; and (2) If such employee has earned no compensation prior to...


satisfied the base year qualifying conditions: (a) Compensation earned as an employee representative, as defined in part 205 of this chapter, or as an employee of a...


or her application for benefits may be eligible for an ``accelerated'' benefit year if he or she meets all of the following conditions. (1) The employee has 10 or more...


amount of base year compensation that an employee must have during the following calendar year in order to be a qualified employee on the basis of such compensation. Within...


initially upon reports of base year service and compensation provided by employers in accordance with part 209 of this chapter. (b) No employer report located. If the...


to benefits awarded where employer status is denied, and for determining liability for contributions. Authority: Sec. 12, 52 Stat....


for contributions. (a) The Board may designate one of its officers or employees as examiner to receive evidence and report to the Board (1) whether or not...


Initial determinations. 320.6 Adjudicating office. 320.8 Notice of initial determination. 320.9 Notice of erroneous benefit...


the railroad employer(s) for whom a claimant worked and earned compensation creditable under the Railroad Unemployment Insurance Act during the base year. The base year is...


with respect to each claim for unemployment or sickness benefits by the appropriate adjudicating office as provided by Sec. 320.6 of this part. Prior to making an...


any subordinate office of the Board which is authorized to make initial determinations and reconsideration decisions with respect to claims for benefits. The...


benefits are payable for a claim, no special notice of the award will be issued to the claimant. A notice of the award will be sent to the base-year employer(s). The amount...


an adjudicating office determines that benefits were paid erroneously, that office shall issue to the claimant a notice of the amount of the erroneous payment and the basis for...


claimant shall have the right to request reconsideration of an initial determination under Sec. 320.5 of this part which denies in whole or in part his or her claim for benefits....


claimant shall have 60 days from the date of the notification of the erroneous payment determination in which to file a request for waiver, except that where an erroneous payment...


aggrieved by a decision under Sec. 320.10 of this part or a claimant aggrieved by a decision under Sec. 320.11 of this part may appeal such decision to the Bureau of Hearings...


filed a properly executed appeal, the Director of Hearings and Appeals shall appoint a hearings officer to act in the appeal. Such hearings officer shall not have any...


the claimant has filed an appeal under Sec. 320.12 of this part the hearings officer shall notify the claimant's base-year employer(s) that such an appeal has been filed...


hearings officer shall have the power to hold hearings, require and compel the attendance of witnesses, administer oaths, take testimony, and make all...


case in which an oral hearing is to be held, the hearings officer shall schedule a time and place for the conduct of the hearing. The hearings officer shall promptly notify...


shall be informal, fair, and impartial, and shall be conducted in such manner as to ascertain the substantial rights of the parties. The hearing shall not be open to...


a record of the material evidence. The record will include the applications, written statements, reports, and other documents that were used in making the determination...


after the completion of the record, the hearings officer shall render his decision, or submit his report to the Board, as may be appropriate in the case. The decision or...


hearings officer, subject to review as hereinafter provided, shall be binding upon any adjudicating office and upon all parties; (a) With respect to the initial...


The Board may, on its own motion, review a decision of the hearings officer on the basis of the evidence previously submitted in the case, and may designate any employee of the...


aggrieved by a decision of the hearings officer and any base-year employer(s) whose employee was awarded benefits, who participated in the appeal before the hearings officer,...


(a) An appeal to the Board from the decision of a hearings officer shall be filed on the form provided by the Board and shall be executed in accordance with...


Upon the filing of an appeal to the Board from a decision of a hearings officer, the Secretary to the Board shall [[Page 531]] notify all...


(a) After submission to the Board of a hearings officer's report, in an appeal involving employee status or the creditability of compensation, any party to...


an appeal to the Board from a decision of a hearings officer, or after submission of a report by a hearings officer, shall be made upon the basis of the record established...


Board made (a) upon review, on the Board's own motion, of a decision of a hearings officer, or (b) upon an appeal to the Board, an aggrieved party may obtain judicial review...


within the Board, under the preceding regulations in this part, desires to be represented by another person, he shall file with the Board prior to the time of...


otherwise provided in paragraph (b) of this section, for purposes of this part, a document or form is filed on the day it is received by an office of the Board or by an employee...


or accrues. 322.4 Consideration of evidence. 322.5 Payments under vacation agreements. 322.6 Pay for time lost. 322.7 Dismissal, coordination, and...


payable or accruing with respect to any day. Income is ``earned'' if it is payable or accrues in consideration of services and if such services were in turn rendered...


to an employee with respect to a claimed day or days, consideration shall be given to such factors as (1) The intention of the parties with respect to the remuneration...


or pay for time lost for any such day shall constitute sufficient evidence for an initial finding that no remuneration is payable or has accrued to him or her with respect to...


and practices, the interpretations of such agreements and practices developed by the parties, and the actions of the parties pursuant thereto. When there is...


the employee was absent from the active service of the person or company making the payment, including absence on account of personal injury. The entire amount paid to an...


been furloughed for a specified period of time during which he or she continues in an employment relationship and remains subject to call. Such pay is remuneration with...


consideration shall be given to whether, and to what extent, (1) such income can be related to services performed on the day or days and (2) the expenses of...


to which it is payable or accrues, if (1) The work from which the remuneration derives requires substantially less than full time as determined by generally...


insurance. 323.3 Standards for Board approval of a nongovernmental plan. 323.4 Guidelines for content of a nongovernmental plan. 323.5 Submitting proposed plan...


sickness insurance is a benefit plan, program or policy that is in the nature of insurance and is designed and established by an employer for the purpose of...


if it conforms to the following standards: (a) The plan is in writing and has been published or otherwise communicated to covered employees prior to the...


should contain the following features: (a) The title of the plan (e.g., Supplemental Unemployment Benefit Plan or Supplemental Sickness Benefit Plan); (b)...


existing plan, to the Director of Unemployment and Sickness Insurance, Railroad Retirement Board, 844 Rush Street, Chicago, Illinois 60611. The Director shall determine whether...


plans approved by the Board under this part are not compensation as defined in section 1(i) of the Railroad Unemployment Insurance Act, and therefore they are not...


to the effective date of this part. However, it shall apply to any proposed revision to such plan. (b) Any plan in effect on the effective date of this part that...


benefits and employment service. 325.4 Claim for unemployment benefits. 325.5 Death of employee. 325.6 Verification procedures. Authority: 45 U.S.C....


an employee must register as unemployed by doing the following: (1) Apply for unemployment benefits and employment service in accordance with Sec. 325.3; (2) File a...


shall apply for such benefits by completing the form prescribed by the Board for that purpose. Such form shall also constitute an application for employment...


Sec. 325.3, he or she shall claim a day as a day of unemployment by registering with respect to such day. Registration shall be made on the claim form provided by the...


behalf of the person or persons to whom benefits would be payable pursuant to section 2(g) of the Act. Such form or forms shall be filed within the time prescribed in Sec....


pursuant to this part will include both pre-payment and post-payment procedures for verifying the validity of such applications and claims. Such procedures shall...


obtain work. Authority: 45 U.S.C. 362(i), 362(l). The Railroad Unemployment Insurance Act provides for the payment of unemployment benefits to...


(b) Willing to work. A claimant is willing to work if he is willing to accept and perform for hire such work as is reasonably appropriate to his circumstances in view of factors...


shall, absent any evidence to the contrary, initially be considered available for work. Evidence that a claimant may not be available for work shall include any...


to obtain work which he professes to be willing to accept and perform, unless he has good prospects of obtaining such work or his circumstances are such that...


railroad employment in the base year. 330.5 Procedure for obtaining and using information about daily rate of compensation. Authority: 45...


of this chapter, is an amount equal to 60 percent of the employee's daily rate of compensation for his or her last railroad employment in the applicable base year, but such...


cost-of-living allowance provided in any applicable working agreement. It does not include any overtime pay, penalty payment, or other special allowance except as...


part, means generally the employee's last ``service performed as an employee,'' within the meaning of section 1(g) of the Railroad Unemployment Insurance Act. If an employee did...


defined in part 301 of this chapter, shall furnish information to the Board with respect to the daily rate of compensation of each employee for his or her last employment in...


work restrictions. 332.4 Restrictions in extra service. 332.5 Equivalent of full-time work. 332.6 Standing by for and laying over between regularly assigned trips ...


day may not be payable to or accrue to an employee solely because of the application to him of a mileage or work restriction exist in train-and-engine service, yard service,...


unemployment or as a day of sickness with respect to an employee if no remuneration is payable or accrues to him solely because of the application to him of a mileage or...


or chain gang service when there is in effect an arrangement between the employer and its employees for increasing or decreasing the number of employees in such...


within a registration period is not eligible for unemployment benefits for any non-work days within such registration period. In determining whether an employee has the equivalent...


332.2(b), a day shall not be considered as a day of unemployment or as a day of sickness with respect to an employee if no remuneration is payable or accrues to him solely...


or as to lay-over or stand-by status as may be necessary for the determination of his claim. An employee's statement in connection with his claim that he was not out of...


statement. 335.4 Filing statement of sickness and claim for sickness benefits. 335.5 Death of employee. 335.6 Payment of sickness benefits. Authority: 45...


injury, or in the case of a female employee, pregnancy, miscarriage, or childbirth, an employee must file the following forms: (1) An application for sickness benefits at...


shall be executed by any of the following individuals: (1) A licensed medical doctor; (2) A licensed dentist if the infirmity relates to the teeth...


claims for sickness benefits must be filed within the time limits specified by this section. Failure to comply with the time restrictions on filing claims will result in...


whom benefits would be payable pursuant to section 2(g) of the Railroad Unemployment Insurance Act. Such form or forms shall be filed within the time prescribed in Sec. 335.4...


the fourth consecutive day of sickness in a period of continuing sickness, as defined in Sec. 335.1(c), but excluding four days of sickness in any registration period in...


Duration of normal unemployment benefits. 336.3 Duration of normal sickness benefits. 336.4 Base year compensation. 336.5 Notice...


qualified employee who has satisfied the waiting period for a benefit year may receive benefits for a maximum of 130 days of unemployment within such benefit year, subject to...


same as the duration of normal unemployment benefits, as set forth in Sec. 336.2 of this part. A qualified employee who has satisfied the benefit year waiting period and...


year compensation includes any compensation in excess of the monthly compensation base (as defined in part 302 of this chapter) for any month in the applicable base year...


right to normal unemployment or normal sickness benefits will be exhausted. Such notice will include information about the availability of extended benefits under subpart B...


employee may receive extended unemployment or extended sickness benefits under this part if he or she: (1) Has exhausted normal unemployment or normal sickness benefits...


the Board considers that an employee has exhausted his or her current rights to normal benefits for days of unemployment if: (a) The employee received unemployment...


Board considers that an employee has exhausted his or her current rights to normal benefits for days of sickness if: (a) The employee received sickness benefits for 130...


employee is not eligible for extended unemployment or sickness benefits if he or she does not have at least 10 years of railroad service. An employee who has 120 service months,...


seven consecutive 14-day registration periods. (b) Beginning date. In the case of unemployment benefits, an extended benefit period begins with the first day of...


who exhausts his or her rights to normal unemployment or normal sickness benefits and who wishes to claim extended unemployment or extended sickness benefits may do so...


extended unemployment or sickness benefits, the Board will notify the employee of the beginning and ending dates of such extended benefit period. ...


of recovery of amounts recoverable. 340.5 Recovery by cash payment. 340.6 Recovery by setoff. 340.7 Deduction in computation of death benefit. 340.8 Recovery by adjustment...


Insurance Act which is: (a) Determined to have been paid erroneously; (b) Recoverable under section 2(f) of the Act because remuneration is found to...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR340.3] [Page 561] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 340_RECOVERY OF BENEFITS--Table of Contents Sec. 340.3 When amounts recoverable to be recovered. Amounts recoverable shall be recovered in all cases except those in which recovery is waived under Sec. 340.10 or a compromise is approved under Sec. 340.13. ...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR340.4] [Page 561] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 340_RECOVERY OF BENEFITS--Table of Contents Sec. 340.4 Methods of recovery of amounts recoverable. An amount recoverable may be recovered by any one or a combination of the methods described in Sec. Sec. 340.5, 340.6, 340.7, and 340.8. ...


absolute right to repay such amount recoverable in this manner. However if the debtor is financially unable to pay the indebtedness in a lump sum, payment may be accepted...


entitled under the Railroad Unemployment Insurance Act, the Railroad Retirement Act, or any other Act administered by the Board, or, in the case of that individual's...


the benefits to be deducted from the gross residual all amounts recoverable under this part, but not recovered, including amounts where recovery was waived, that were paid to...


amount of any annuity payable to the overpaid individual (or an individual receiving an annuity based upon the same compensation record as that of the overpaid individual)...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR340.9] [Page 562] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 340_RECOVERY OF BENEFITS--Table of Contents Sec. 340.9 Effect of adjustment in connection with subsequent payments. Adjustment by the method described in Sec. 340.8 shall constitute recovery of the amount recoverable. ...


any case where more than the correct amount of benefits has been paid to an individual or where payment has been made to an individual not entitled to benefits if, in the...


right to recover by some other method or methods if, in the judgment of the Board, the individual is without fault and if, in the judgment of the Board, recovery by the...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR340.12] [Page 564] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 340_RECOVERY OF BENEFITS--Table of Contents Sec. 340.12 Waiver not a matter of right. A waiver under Sec. 340.10 or Sec. 340.11 is not a matter of right, but is at all times within the judgment of the Board. ...


or such higher amount as the Attorney General may from time to time prescribe. Compromise of an amount recoverable may not be considered in any case in which there is...


The debtor's ability to repay the full amount within a reasonable time; (b) The debtor's refusal to pay the claim in full and the Board's inability to effect collection in...


Collection action on a Board claim may be suspended temporarily when the debtor cannot be located and there is reason to believe future collection action may be productive or...


under the benefit provisions of the Act, except those that have been classed as [[Page 565]] uncollectible. Such steps shall commence not later than July 1,...


by the employee. 341.5 Amount of reimbursement. 341.6 Report of settlement or judgment. 341.7 Liability on Board's claim. 341.8 Termination of sickness benefits due to...


any claim of liability based upon his or her injury or illness. (b) The term ``sum or damages paid or payable'' does not include: (1) An amount specified in...


potentially liable for causing the employee's infirmity. The ``Notice of Lien'' will notify the person or company of the Board's right to reimbursement. The notice...


address of the person or company, if any, who is alleged to have caused his or her infirmity. The employee shall also provide whatever other details...


for the infirmity for which he or she recovers any sum or damages; or (2) The net amount of the sum or damages paid to the employee for the infirmity, after...


which the employee received sickness benefits, the person or company shall notify the Board of the settlement or judgment. That notice shall be in writing and submitted...


Board shall, upon receipt of notice as provided in Sec. 341.3(a), be liable to the Board for the amount of reimbursement computed under Sec. 341.5. This liability may be...


to whether any person or company may be liable for causing the employee's infirmity. However, the Board will terminate the payment of...


sickness benefits and shall neither encourage nor discourage such employee with respect to the pursuit of a claim for damages. (b) The Board shall not be a party in...


Provisions and Definitions Sec. 345.101 Requirement for contribution. 345.102 Multiple employer limitation. 345.103 Rate of contribution. 345.104 Employees...


this part shall not apply to any amount of the aggregate compensation paid to such employee by all such employers in such calendar month which is in excess of the MCB; and ...


of contribution computed by the Board under the provisions of section 8(a)(1)(C) of the Railroad Unemployment Insurance Act. See subpart D of this part. ...


contributions for which an employer is liable under this part shall not be deducted from an employee's compensation, and the Board will not recognize any agreement under which...


to the Board's Chief Financial Officer mean the Chief Financial Officer, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611. The Chief Financial...


part 209 of this chapter shall be applicable to the reporting of compensation under the Railroad Unemployment Insurance Act to the same extent and in the same manner as they...


paragraph (a)(2) of this section, every employer shall, for each calendar quarter of each year, prepare a contribution report, in duplicate, on Form DC-1. If the Form DC-1 is...


as determined under part 301 of this chapter, the last contribution report of the employer shall be so indicated by checking the box on the Form DC-1 entitled ``Final...


on Form DC-1 shall be signed by hand by: (1) The individual, if the employer is an individual; (2) The president, vice president, or other duly authorized officer,...


report, together with any prescribed copies and supporting data, shall be filled out in accordance with the instructions and regulations applicable thereto....


file its contribution report with the Chief Financial Officer, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois, 60611-2092, or the Chief Financial...


reported on an employer's contribution report is due and payable to the Board without assessment or notice, at the time fixed for filing the contribution report as provided for...


employers' contributions to the Board a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to...


amount of an employer's contribution is paid with respect to any compensation, proper adjustments with respect to the contributions shall be made, without interest,...


the employer's contribution is paid with respect to any compensation and the overpayment may not be adjusted in accordance with Sec. 345.118 of this part, the amount of...


(a) If any employer's contribution is not paid to the Board when due or is not paid in full when due, the Board may, as the circumstances warrant, assess...


becomes necessary to protect the interests of the Government by effecting an immediate reporting and collection of an employer's contribution, the Board will assess...


to the Board when due and is not adjusted under Sec. 345.118 of this part, interest accrues at the rate of 1 percent per month, or fraction of a month. Interest on past...


(a) Delinquent reports. Unless waived under paragraph (b) of this section, the failure to file a contribution report on or before the due date shall cause a penalty to accrue of...


(a) Except as otherwise provided, an employer may seek administrative review of any determination with respect to any contribution, interest, or penalty made under this...


any calendar quarter shall, with respect to each such quarter, keep such permanent records as are necessary to establish the total amount of compensation payable to...


pay a contribution required under this part, the amount of such contribution (including any interest, penalties, additional amount, or additions to such contribution, together...


1990, the Board will establish and maintain a record, hereinafter known as an Individual Employer Record, for each employer subject to this part. As used in this subpart,...


record. Two or more employers that are under common ownership or control may request the Board to consolidate their individual employer records into a joint...


of two or more employers, or an employer and non-employer, the individual employer record of the employer surviving the merger (or any person that becomes an employer...


sold or transferred to another employer (or to a person that becomes an employer as the result of the sale or transfer) or is partitioned among two or more employers...


balance, 1-year compensation base, and 3-year compensation base of an employer that reincorporates or otherwise alters its corporate identity in a transaction...


but continues to operate as an employer, the employer's individual employer record shall continue to be calculated as provided in this subpart without...


permanently ceased to pay compensation with respect to which contributions are payable under this part, the Board will, on the date of such determination, transfer the...


maintain records necessary to determine pooled charges, pooled credits, and unallocated charges for the experience rating system and will publish a notice with...


is subject to this part will have an experience-rated rate of contribution computed as set forth in Sec. 345.303 of this part. A transitional rate of contribution applies...


The Railroad Unemployment Insurance Account established by section 10 of the Railroad Unemployment Insurance Act (RUIA) and maintained by the Secretary of the Treasury in...


that begins after December 31, 1992, the Board will compute, by October 15, 1992, and by October 15 of each subsequent year, a contribution rate for each employer (other than...


the RUIA becomes effective after December 31, 1989, is considered a ``new employer'' for the purposes of this part and will be assigned a contribution rate as computed...


Not later than the last day of any calendar quarter that begins after March 31, 1990, the Board will notify each employer of its cumulative benefit balance and its...


part, the Board will make available to such employer any information that is necessary to verify the accuracy of its rate of contribution, as determined by the Board,...


determination of a contribution rate computed under this part by filing a request for reconsideration with the Director of Assessment and Training within 90 days after the date...


for his or her days of unemployment or days of sickness will be charged to the base year employer of such employee, except as hereinafter provided in this part. The...


of unemployment resulting from a strike or work stoppage growing out of a labor dispute, the Board will charge the benefit payment to the system unallocated charge balance,...


benefits paid to an employee who had more than one base year employer shall be charged to the cumulative benefit balances of such employers, as follows: (1) If the employer...


the Board recovers a benefit payment that it had previously charged, in whole or in part, to one or more base year employers, the Board will subtract the amount of the...


Board receives an employee's claim for unemployment or sickness benefits, the Board will give the employee's base year employer notice of the claim and an opportunity to...


this part, that an employer is defunct, the Board will add the amount of such employer's benefit charges, as shown in its cumulative benefit balance, to the system...


of service who have declared their current availability for rail industry employment. The register shall indicate which of those employees claims a first right of hire. ...


45 U.S.C. 231k. Source: 61 FR 42377, Aug. 15, 1996, unless otherwise noted. (a) Explanation of representative payment. This part explains the...


representative payee under this part to the same extent and in the same manner as they are applicable to the appointment of a representative payee under the Railroad...


for reopening. 349.3 Change of legal interpretation or administrative ruling. 349.4 Late completion of timely investigation. 349.5 Notice of revised...


the notice of such decision, for any reason; (b) Within four years of the date of the notice of such decision: (1) If there is new and material evidence; or (2)...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR349.3] [Page 586] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 349_FINALITY OF DECISIONS REGARDING UNEMPLOYMENT AND SICKNESS INSURANCE BENEFITS--Table of Contents Sec. 349.3 Change of legal interpretation or administrative ruling. A change of legal interpretation or administrative ruling upon which a decision is based does not render a decision erroneous and does not provide a basis for reopening. ...


Sec. Sec. 349.2(a) or (b) expires if the Board begins an investigation into whether to revise the decision before the applicable time period expires and the agency...


the parties to the decision at their last known address. The notice will state the basis for the revised decision and the effect of the revision. The notice will also inform...


reconsidered or appealed in accord with part 320 of this chapter; (b) The three-member Board reviews the revised decision; or (c) The revised decision is further...


request, as appropriate, further review of the decision in accordance with the rules set forth in part 320 of this chapter. Further review or a hearing will be held...


the three-member Board may deem proper, the Board may direct that any decision, which is otherwise subject to reopening under this part, shall not be reopened or direct that...


BY THE BOARD--Table of Contents Sec. 350.1 Authorization for garnishment of benefits paid by the Board. 350.2 Definitions. 350.3...


includes attorney's fees, interest, and court costs, when and to the same extent that they are expressly made recoverable pursuant to a decree, order, or judgment issued...


payments shall be accomplished by certified or registered mail, return receipt requested, directed to the Deputy General Counsel of the Board, 844 Rush Street,...


portion of any payment due to an individual which is subject to legal process to enforce any order for the support of any person shall not exceed 65 percent. Where the...


process which is received too late to be honored during the disbursement cycle in which it is received may be honored to the extent that the legal process may,...


assessments. 355.4 Investigation. 355.5 Review by the reviewing official. 355.6 Prerequisites for issuing a complaint. 355.7 Complaint. 355.8 Service...


Authority means Railroad Retirement Board. Authority head means the three-member Railroad Retirement Board. Benefits means, except as the context otherwise requires,...


person who makes a claim that the person knows or has reason to know-- (i) Is false, fictitious, or fraudulent; (ii) Includes or is supported by any written...


31 U.S.C. 3804(a) is warranted-- (1) The subpoena so issued shall notify the person to whom it is addressed of the authority under which the subpoena is issued and...


reviewing official determines that there is adequate evidence to believe that a person is liable under Sec. 355.3 of this part, the reviewing official shall transmit to the...


(1) The Department of Justice approves the issuance of a complaint in a written statement described in 31 U.S.C. 3803(b)(1), and (2) In the case of allegations...


31 U.S.C. 3803(b)(1), the reviewing official may serve a complaint on the defendant, as provided in Sec. 355.8. (b) The complaint shall state-- (1) The...


any manner authorized by Rule 4(d) of the Federal Rules of Civil Procedure. (b) Proof of service, stating the name and address of the person on whom the complaint was served,...


service of the complaint. An answer shall be deemed to be a request for hearing. (b) In the answer, the defendant-- (1) Shall admit or deny each of the allegations...


Sec. 355.9(a), the reviewing official may refer the complaint to the ALJ. (b) Upon the referral of the complaint, the ALJ shall promptly serve on defendant in the...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR355.11] [Page 596] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 355_REGULATIONS UNDER THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986--Table of Contents Sec. 355.11 Referral of complaint and answer to the ALJ. Upon receipt of an answer, the reviewing official shall file the complaint and answer with the ALJ. ...


hearing upon the defendant in the manner prescribed by Sec. 355.8. At the same time, the ALJ shall send a copy of such notice to the representative for the Government. (b)...


to 31 U.S.C. 3730(c)(5), a private plaintiff under the False Claims Act may participate in these proceedings to the extent authorized by the provisions of...


the authority who takes part in investigating, preparing, or presenting a particular case may not, in such case or a factually related case-- (1) Participate in the...


ALJ on any matter at issue in a case, unless on notice and opportunity for all parties to participate. This provision does not prohibit a person or party from inquiring about...


or herself at any time. (b) A party may file with the ALJ a motion for disqualification of a reviewing official or an ALJ. Such motion shall be accompanied by...


advised by a representative; (b) Participate in any conference held by the ALJ; (c) Conduct discovery; (d) Agree to stipulations of fact or law, which shall...


assure that a record of the proceeding is made. (b) The ALJ has the authority to-- (1) Set and change the date, time, and place of the hearing upon reasonable notice...


any party, the ALJ shall schedule at least one prehearing conference at a reasonable time in advance of the hearing. (c) The ALJ may use prehearing conferences to discuss...


material documents, transcripts, records, and other materials that relate to the allegations set out in the complaint and upon which the findings and conclusions of...


inspection and copying; (2) Requests for admissions of the authenticity of any relevant document or of the truth of any relevant fact; (3) Written...


may be ordered by the ALJ, the parties shall exchange witness lists, copies of prior statements of proposed witnesses, and copies of proposed hearing exhibits, including...


the hearing may request that the ALJ issue a subpoena. (b) A subpoena requiring the attendance and testimony of an individual may also require the individual to...


respect to discovery sought by an opposing party or with respect to the hearing, seeking to limit the availability or disclosure of evidence. (b) In issuing a...


the amounts that would be payable to a witness in a proceeding in U.S. District Court. A check for witness fees and mileage shall accompany the subpoena when served, except...


copies. (2) Every pleading and paper filed in the proceeding shall contain a caption setting forth the title of the action, the case number assigned by the ALJ, and...


time begins with the day following the act, event, or default, and includes the last day of the period, unless it is a Saturday, Sunday, or legal holiday observed by the...


sought, the authority relied upon, and the facts alleged, and shall be filed with the ALJ and served on all other parties. (b) Except for motions made during a...


comply with an order, rule, or procedure governing the proceeding; (2) Failing to prosecute or defend an action; or (3) Engaging in other misconduct that interferes...


defendant is liable for a civil penalty or assessment under Sec. 355.3 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating...


assessments, the ALJ and upon appeal, the authority head, should evaluate any circumstances that mitigate or aggravate the violation and should articulate in their...


the defendant resides or transacts business; (2) In any judicial district of the United States in which the claim or statement in issue was made; or (3) In such...


by witnesses under oath or affirmation. (b) At the discretion of the ALJ, testimony may be admitted in the form of a written statement or deposition. Any such...


shall not be bound by the Federal Rules of Evidence. However, the ALJ may apply the Federal Rules of Evidence where appropriate, e.g., to exclude unreliable evidence. (c)...


the ALJ at a cost not to exceed the actual cost of duplication. (b) The transcript of testimony, exhibits and other evidence admitted at the hearing, and all papers...


a post-hearing brief. The ALJ shall fix the time for filing such briefs, not to exceed 60 days from the date the parties receive the transcript of the hearing or, if applicable,...


contain findings of fact, conclusions of law, and the amount of any penalties and assessments imposed. (b) The findings of fact shall include a finding...


a motion for reconsideration of the initial decision within 20 days of receipt of the initial decision. If service was made by mail, receipt will be presumed to be five days from...


to be liable for a civil penalty or assessment may appeal such decision to the authority head by filing a notice of appeal with the authority head in accordance with...


by the Attorney General transmits to the authority head a written finding that continuation of the administrative process described in this part with respect to a claim...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR355.41] [Page 605] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 355_REGULATIONS UNDER THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986--Table of Contents Sec. 355.41 Stay pending appeal. (a) An initial decision is stayed automatically pending disposition of a otion for reconsideration or of an appeal to the authority head. (b) No administrative stay is available following a final decision of the authority head. ...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR355.42] [Page 605] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 355_REGULATIONS UNDER THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986--Table of Contents Sec. 355.42 Judicial review. Section 3805 of title 31 U.S. Code authorizes judicial review by an appropriate U.S. District Court of a final decision of the authority head imposing penalties or assessments under this part and specifies the procedures for such review. ...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR355.43] [Page 605] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 355_REGULATIONS UNDER THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986--Table of Contents Sec. 355.43 Collection of civil penalties and assessments. Sections 3806 and 3808(b) of title 31 U.S. Code, authorize actions for collection of civil penalties and assessments imposed under this part and specify the procedures for such actions. ...


judgment has been entered under Sec. 355.42 or Sec. 355.43, or any amount agreed upon in a compromise or settlement under Sec. 355.46, may be collected by administrative offset under...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR355.45] [Page 605] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 355_REGULATIONS UNDER THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986--Table of Contents Sec. 355.45 Deposit in Treasury of United States. All amounts collected pursuant to this part shall be deposited as miscellaneous receipts in the Treasury of the United States, except as provided in 31 U.S.C. 3806(g). ...


official has the exclusive authority to compromise or [[Page 606]] settle a case under this part at any time after the date on which the reviewing official...


Sec. 355.8 within 6 years after the date on which such claim or statement is made. (b) If the defendant fails to file a timely answer, service of a notice under...


28 U.S.C. 2461; 31 U.S.C. 3729, 3809. Source: 62 FR 3791, Jan. 27, 1997, unless otherwise noted. (a) The Federal Civil Penalties Inflation Adjustment...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR356.2] [Page 606] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 356_CIVIL MONETARY PENALTY INFLATION ADJUSTMENT--Table of Contents Sec. 356.2 Program Fraud Civil Remedies Act of 1986. In the case of penalties assessed under part 355 of this chapter, an additional penalty of $500 may be assessed for claims or statements made after October 23, 1996. ...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR356.3] [Page 606] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 356_CIVIL MONETARY PENALTY INFLATION ADJUSTMENT--Table of Contents Sec. 356.3 False claims. In the case of penalties assessed under 31 U.S.C. 3729 based on actions occurring after October 23, 1996, the minimum penalty is $5,500 and the maximum penalty is $11,000. [[Page 607]] ...


indebtedness. 361.5 Notice requirements before offset. 361.6 Requests for waiver or hearing. 361.7 Written decision following a hearing. 361.8 Limitations on notice...


part. (b) Applicability. This part and 5 U.S.C. 5514 apply in recovering certain debts by administrative offset, except where the employee consents to the recovery, from...


(a) An executive agency as defined by section 105 of title 5, United States Code; including the U.S. Postal Service and the U.S. Postal Rate Commission; (b) A...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR361.4] [Page 608] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 361_RECOVERY OF DEBTS OWED TO THE UNITED STATES GOVERNMENT BY GOVERNMENT EMPLOYEES--Table of Contents Sec. 361.4 Determination of indebtedness. In determining that an employee is indebted, the Board will review the debt to make sure it is valid and past due. ...


Offset Salary (Notice of Intent). The employee will be provided the notice at least thirty calendar days before the intended deduction is to begin. In addition, the notice...


received by the Chief Financial Officer no later than thirty calendar days after the notice is sent to the employee. This time limit may, at the discretion of the...


or hearing official shall issue a written decision stating the facts evidencing the nature and origin of the alleged debt; the amount and validity of the alleged debt; and...


to collections which result from: (1) An employee's election of coverage or of a change in coverage under a Federal benefits program which requires periodic...


reported on the payroll exceeding the actual hours worked, no pre-offset hearing must be granted since in such cases there is no question regarding credibility and veracity....


employee may propose, in response to a Notice of Intent, a written agreement to repay the debt as an alternative to salary offset. Any employee who wishes to do this must...


will be by the method and in the amount stated in the Notice of Intent to collect from the employee's current pay. (b) If the employee filed a petition for hearing with...


Collection will be effected in one lump sum collection unless the employee is financially unable to pay in one lump sum, or if the amount of the debt exceeds 15...


officially- established pay intervals from an employee's current pay account, unless the employee and the Board agree to alternative arrangements for repayment....


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR361.14] [Page 611] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 361_RECOVERY OF DEBTS OWED TO THE UNITED STATES GOVERNMENT BY GOVERNMENT EMPLOYEES--Table of Contents Sec. 361.14 Procedures for salary offset: Imposition of interest, penalties and administrative costs. Interest will be charged in accordance with 4 CFR 102.13. ...


employee involuntary payment (of all or a portion of a debt) collected under these regulations will be interpreted as a waiver of any rights that the employee may have under...


regulations when: (a) A debt is waived or otherwise found not owing the United States (unless expressly prohibited by statute or regulation); or (b) The Board is...


claim which meets the requirements of 5 CFR 550.1108 from another agency, deductions shall begin [[Page 612]] prospectively at the next officially established...


for filing a claim. 362.6 Procedure for filing a claim. 362.7 Factors to be considered in settling a claim. 362.8 Investigation of a claim. 362.9 Fraudulent...


(b) Article of extraordinary value means an article which was purchased or which the employee values at a monetary amount which is in excess of the usual, regular...


representative of the employee. If the employee is dead, his (a) spouse, (b) child, (c) father or mother, or both, or (d) brother or sister, or both, may file the claim and...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR362.4] [Page 613] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 362_EMPLOYEES' PERSONAL PROPERTY CLAIMS--Table of Contents Sec. 362.4 Delegation of authority. The Deputy General Counsel of the Board is authorized to settle any claim filed under this part. (45 U.S.C. 231f(b)(5)) [45 FR 57709, Aug. 29, 1980, as amended at 48 FR 51448, Nov. 9, 1983] ...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR362.5] [Page 613] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 362_EMPLOYEES' PERSONAL PROPERTY CLAIMS--Table of Contents Sec. 362.5 Time limits for filing a claim. A claim under this part may be considered only if: (a) The damage or loss occurred after August 31, 1964; and (b) The claim is filed in writing within two years after the damage, loss or theft occurred or became known to the employee. ...


for filing claims pursuant to the regulations in this part and must be completed by the employee, the person acting on his behalf, or his survivor and forwarded directly...


Deputy General Counsel of the Board shall determine to be reasonable, useful, or proper under the circumstances existing at the time and place of the loss, theft or damage of...


an employee's property. [[Page 614]] In order to complete such investigation, the Deputy General Counsel or his designee may request the submission of...


a survivor of the employee has intentionally misrepresented an item claimed, as to cost, condition, cost of repair or other significant information, the claim as to that...


from the Board's perspective, reasonable, useful, or proper for the employee to possess under the circumstances at the time of the loss or damage. Any questions in this...


August 31, 1964; (2) The loss or damage totals less than $5 or, to the extent of the excess, more than the maximum amount provided in section 241(b)(1) of title 31 of...


cost at the time of loss. Unless proven to be otherwise, replacement cost will [[Page 615]] be based on the price paid in cash for the property or, if...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR362.13] [Page 615] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 362_EMPLOYEES' PERSONAL PROPERTY CLAIMS--Table of Contents Sec. 362.13 Property recovered after payment of claim. When previously lost or stolen property is recovered by the employee after allowance of a claim by the Board, the employee shall return the amount of reimbursement. ...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR362.14] [Page 615] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 362_EMPLOYEES' PERSONAL PROPERTY CLAIMS--Table of Contents Sec. 362.14 Finality of settlement. Notwithstanding any other provision of law, settlement of a claim under the Act and this part is final and conclusive. ...


this part may be paid or delivered to or received by any agent or attorney on account of services rendered in connection with that claim, any contract to the...


remuneration for employment paid by the Board. 363.2 Definitions. 363.3 Procedure. 363.4 Exemptions. 363.5 Miscellaneous. Authority: 15...


term also includes attorney's fees, interest, and court costs, when and to the same extent that they are expressly made recoverable pursuant to a...


payments shall be accomplished by certified or registered mail, return receipt requested, directed to the Deputy General Counsel of the Board, 844 Rush Street,...


of any person shall not exceed 65 percent. Where the individual is supporting a spouse or dependent child, other than a spouse or child with respect to whose support that...


(b) Except as provided in these regulations, the Board may not be required, in connection with proceedings under this part, to forward documents which have been sent to the...


in the Railroad Retirement Board's in-house publications. 364.4 Placement of missing children posters in Board field offices. 364.5 Further study of the...


newspaper that is published on an irregular basis about six times a year. Field office is a Board district office. These offices are located throughout the...


(a) All-A-Board. Information about missing children will appear in the All-A-Board. This publication will obtain the necessary information from the National Center for Missing...


for Missing and Exploited Children shall select the missing child and the pertinent information about that child, which may include a photograph of the child, that will...


The Board shall continue to study different alternatives for using penalty mail to assist in the location and recovery of missing children. In order to implement a proposal,...


Application. 365.103 Definitions. 365.104-365.109 [Reserved] 365.110 Self-evaluation. 365.111 Notice. 365.112-365.129 [Reserved] 365.130...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR365.102] [Page 618] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 365_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN Sec. 365.102 Application. This regulation (Sec. Sec. 365.101 through 365.170) applies to all programs or activities conducted by the agency, except for programs or activities conducted outside the United States that do not involve individuals with handicaps in the United States. ...


the Assistant Attorney General, Civil Rights Division, United States Department of Justice. Auxiliary aids means services or devices that enable persons with...


do not or may not meet the requirements of this part, and, to the extent modification of any such policies and practices is required, the agency shall proceed to make...


the provisions of this part and its applicability to the programs or activities conducted by the agency, and make such information available to them in such...


participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the agency. (b)(1) The agency,...


program or activity conducted by the agency. The definitions, requirements and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established...


because the agency's facilities are inaccessible to or unusable by individuals with handicaps, be denied the benefits of, be excluded from participation in, or otherwise...


activity when viewed in its entirety is readily accessible to and usable by individuals with handicaps. Although all facilities in which the agency operates, except for the...


of, or for the use of the agency shall be designed, constructed, or altered so as to be readily accessible to and usable by individuals with handicaps. The...


other Federal entities, and members of the public. (1) The agency shall furnish appropriate auxiliary aids where necessary to afford an individual with handicaps...


the basis of handicap in programs or activities conducted by the agency; (b) The agency shall process complaints alleging violations of section 504 with respect...


debt. 366.3 Reasonable attempt to notify. 366.4 Notification to debtor. 366.5 Consideration of evidence. 366.6 Change in notification to Internal...


a debt: (a) Which arose under any statute administered by the Board or under any contract; (b) Which is an obligation of a debtor who is a natural person or...


for the debtor obtained from the Internal Revenue Service pursuant to section 6103 (m)(2) or (m)(4) of the Internal Revenue Code within a period of one year preceding...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR366.4] [Page 625] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 366_COLLECTION OF DEBTS BY FEDERAL TAX REFUND OFFSET--Table of Contents Sec. 366.4 Notification to debtor. The notification provided by the Board to the debtor will inform the debtor how he or she may present evidence to the Board that all or part of the debt is not past due or legally enforceable. ...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR366.5] [Page 625] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 366_COLLECTION OF DEBTS BY FEDERAL TAX REFUND OFFSET--Table of Contents Sec. 366.5 Consideration of evidence. Evidence submitted by the debtor will be considered only by officials or employees of the Board and a determination that an amount of such debt is past-due and legally enforceable will be made only by such officials or employees. ...


a debt, the Board: (a) Determines that an error has been made with respect to the information contained in the notification, (b) Receives a payment or credits...


Board responsibilities. 367.4 Notification to another agency. 367.5 Notification to debtor. 367.6 Consideration of evidence. 367.7 Change in notification...


agency for administrative offset is a debt: (a) Which arose under any statute administered by the Board or under any contract; and with respect to debts...


collecting any claims owed the Board by means of administrative offset, except that all nontax debts over 180 days delinquent shall be referred to the Department of...


means of administrative offset, the Board shall provide a written certification to the other agency stating that the debtor owes the debt (including the amount) and...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR367.5] [Page 627] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 367_RECOVERY OF DEBTS OWED TO THE UNITED STATES GOVERNMENT BY ADMINISTRATIVE OFFSET--Table of Contents Sec. 367.5 Notification to debtor. The notification provided by the Board to the debtor will inform the debtor how he or she may present evidence to the Board that all or part of the debt is not past due or legally enforceable. ...


employees of the Board, and a determination that all or a portion of such debt is past-due and legally enforceable will be made only by such officials...


a debt to another agency, the Board: (a) Determines that an error has been made with respect to the information contained in the notification; (b) Receives a...


(a) The Board may request that moneys which are due and payable to a debtor from the Civil Service Retirement and Disability Fund be administratively offset in reasonable...


samples. Authority: Sec. 636, Pub. L. 104-52, 109 Stat. 507 (40 U.S.C. 486nt). Source: 61 FR 8214, Mar. 4, 1996, unless otherwise noted. ...


Minor means an individual under the age of 18 years. Tobacco product means cigarettes, cigars, little cigars, pipe tobacco, smokeless tobacco, snuff, and...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR368.3] [Page 628] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 368_PROHIBITION OF CIGARETTE SALES TO MINORS--Table of Contents Sec. 368.3 Vending machines. The sale of tobacco products in vending machines is prohibited in or around Federal property occupied and maintained by the Railroad Retirement Board. ...


the Railroad Retirement Board or the General Services Administration or other Federal agency. Concession stands may not sell tobacco products...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR368.5] [Page 628] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 368_PROHIBITION OF CIGARETTE SALES TO MINORS--Table of Contents Sec. 368.5 Free tobacco samples. The distribution of free samples of tobacco products is prohibited in or around Federal property occupied and maintained by the Railroad Retirement Board. [[Page 629]] ...


Authority to grant written permission for use of the seal. 369.3 Procedures for obtaining permission to use the seal. 369.4 Inappropriate use of the...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR369.2] [Page 629] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 369_USE OF THE SEAL OF THE RAILROAD RETIREMENT BOARD--Table of Contents Sec. 369.2 Authority to grant written permission for use of the seal. The Board hereby delegates authority to grant written permission for the use of the seal of the Railroad Retirement Board to the Director of Administration. ...


shall be in writing and shall be directed to the Director of Administration of the Railroad Retirement Board. The request should, at a minimum, contain the...


use of the seal will give the unintended appearance of Agency endorsement or authentication. Situations where use of the seal of the Railroad Retirement Board would...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR369.5] [Page 630] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 369_USE OF THE SEAL OF THE RAILROAD RETIREMENT BOARD--Table of Contents Sec. 369.5 Penalty for misuse of the seal. Unauthorized use of the seal of the Railroad Retirement Board may result in criminal prosecution under applicable law. ...


and functions of the Board, delegations of authority, and lines of succession. 375.6 Personnel, fiscal, and service functions. 375.7...


effective only (a) after an attack upon the United States, or at a time specified by the authority of the President after such attack, and (b) by order of the Chair of the...


period of a national emergency in strict conformance with the pertinent provisions of the Railroad Retirement Act, the Railroad Unemployment Insurance Act, and the...


[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR375.4] [Page 631] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 375_PLAN OF OPERATION DURING A NATIONAL EMERGENCY--Table of Contents Sec. 375.4 Mailing instructions. In a national emergency as defined in Sec. 375.2, all mail shall be directed to Board offices at their normal locations. [40 FR 52844, Nov. 13, 1975] ...


in Sec. 375.2, the respective functions and responsibilities of the Board shall be, to the extent possible, as set forth in the U.S. Government Manual, which is...


a regional director to communicate with the Chair or his or her successor as set forth in Sec. 375.5, complete responsibility and authority for administration of...


certification of claims for retirement, disability, and survivor benefits shall be to the extent possible, as set forth in subchapter B of this chapter, except that: ...


possible, the requirements pertaining to employers in subchapters A, B, and C of this chapter. (b) Where a national emergency, as described in Sec. 375.2,...




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