Page images
PDF
EPUB

(b) Individuals whose eligibility is based upon permanent disability for regular employment. (1) If such an individual renders compensated service to any person, whether or not an employer, through or after the designated beginning date, such fact must be reconciled with the claim of permanent disability for any regular and gainful employment before eligibility for such a disability annuity is established. Where, however, it is shown that the individual, notwithstanding his rendition of compensated service is disabled, the following shall apply:

(2) If all the individual's compensated service ended before the filing date of his annuity application or if the individual's compensated service continued through such filing date, the annuity cannot begin to accrue earlier than the date following the last day of such compensated service: Provided, however, That if the individual relinquished rights to all compensated service before the filing date of his application, his annuity may begin to accrue as early as the day after that on which he ceased such service. (For the effect of a return to service after accrual, see Part 217 of this chapter.)

(c) An individual whose eligibility is based upon permanent disability for work in his regular occupation. (1) If an individual renders compensated seryice through or after the designated beginning date to any person, whether or not an employer, in his regular occupation or in any occupation for which the same occupational disability standards have been established, such fact must be reconciled with the claim of permanent disability for work in his regular occupation. Where, however, it is shown that an individual, notwithstanding his rendition of compensated service in any occupation, is permanently disabled for work in his regular occupation the following shall apply:

(2) If all the individual's compensated service to any person, whether or not an employer, ended before the filing date of his annuity application or if the individual's compensated service to any person, whether or not an employer, continued through such filing date, the annuity cannot begin to accrue earlier than the date following the last day of compensated service to any such person: Provided, however, That if the individual relinquished rights to all compensated service before the filing date of his application, his annuity may begin to ac

crue as early as the day after that on which he ceased such service. (For the effect of a return to service after accrual, see Part 217 of this chapter.) [12 F.R. 1136, Feb. 19, 1947, as amended at 12 F.R. 5610, Aug. 21, 1947; Board Order 60–7, 25 F.R. 865, Feb. 2, 1960] § 214.8 Applicant's general right to

change date. In any case where a change of beginning date is not inconsistent with other provisions of the act or the regulations in this chapter, the applicant shall have the right, prior to the date upon which his claim is certified for payment, to change the annuity beginning date: Provided, however, That no such change shall be effective unless and until a request or designation in writing signed by the applicant is received by the Board on or before the date of his death. [4 F.R. 1487, Apr. 7, 1989) $ 214.10 Cessation of service to a local

lodge or division. In determining whether an individual has ceased to render compensated seryice to a local lodge or division of a railway-labor-organization employer the Board shall not consider as a day of compensated service any day in any month with respect to which month the individual earned compensation that is required to be disregarded within the provisions of $ 222.3(f) of this chapter. [Board Order 40–742, 6 F.R. 298, Jan. 14, 1941]

PART 216_RELINQUISHMENT OF

RIGHTS Sec. 216.1 Statutory provisions. 216.2 Relinquishment of rights as condition

for payment. 216.3 Relinquishment of rights in case of

disability annuity. 216.4 What constitutes relinquishment of

rights. AUTHORITY: The provisions of this Part 216 issued under secs. 2, 10, 50 Stat. 309, as amended, 314, as amended; 45 U.S.C. 228b, 228). 8 216.1 Statutory provisions.

An annuity shall be paid only if the applicant shall have relinquished such rights as he may have to return to the service of an employer and of the person by whom he was last employed; but this requirement shall not apply to the individuals mentioned in sub

[graphic]

division 4 and subdivision 5 of subsection (a) intention thereby to terminate any and prior to attaining age sixty-five.

all rights to return to the service of such (12 F.R. 1187, Feb. 19, 1947]

employer (such relinquishment of rights 8 216.2 Relinquishment of rights as

shall be presumed to have occurred condition for payment.

whenever such individual has certified to

the Board that he has relinquished his No annuity other than a disability

rights to return to service, the employer annuity shall be certified for payment

has been notified by the Board of such until the applicant has established in

certification, and the employer has exaccordance with this part that he has

pressly confirmed such certification or relinquished all rights which he may

has failed to reply within ten days folhave had to return to the service of (a)

lowing the railing of the notification); any employer; and (b) the person,

or whether or not an employer, by whom

(c) That there has been communihe was most recently employed when

cated to the employer by a duly authorthe annuity began to accrue; and

ized agent of the individual a clear and (c) any person with whom he holds, at

unambiguous intention on the part of the time the annuity begins to accrue,

the individual thereby to terminate any any rights to return to service; and (d).

and all rights to return to the service of any person with whom he ceased service

such employer; or in order to have his annuity begin to

(d) That the individual has died; or accrue.

(e) That some events have occurred [4 F.R. 1487, Apr. 7, 1939)

which under the established rules or 216.3 Relinquishment of rights in case

practices in effect on the employer auof disability annuity.

tomatically terminate all rights to return

to service; or In the case of an individual whose

(f) That some cognizable action has eligibility for an annuity is based upon

been taken by the individual or his empermanent disability for any regular ployer or by both which when considand gainful employment or upon perma

ered in the light of the facts and cirnent disability for work in his regular

cumstances of the particular case clearly occupation, an annuity is payable prior

and unambiguously manifest a terminato age 65 even though he retains rights

tion of all rights to return to service; or to return to service until age 65:

(g) That the individual has permaProvided, however, That such individual

nently ceased service in the event no shall upon attainment of age 65 establish

rights to return to the position exist. that he has in accordance with this part

[4 F.R. 1487, Apr. 7, 1939, as amended by relinquished in the manner and to the

Board Order 60–7, 25 F.R. 865, Feb. 2, 1960]

Board Order extent required in the case of an age annuity any rights which he may have

PART 2 17 — MONTHS ANNUITIES to return to service; otherwise payment of his annuity shall not be made for any

NOT PAYABLE BY REASON OF calendar month in which he becomes or

WORK is 65 years of age or over until such

Sec. individual so relinquishes such rights. 217.1 Statutory provisions. [12 F.R. 1137, Feb. 19, 1947]

217.2 Loss of annuity for month in which

compensated service is rendered. § 216.4 What constitutes relinquishment 217.3 Loss of disability annuity because of of rights.

earnings and penalties.

217.4 An individual shall be deemed to have

Limit of loss of disability annuity

because of earnings and penalties. relinquished his rights to return to the

217.5 Exception concerning service to a service of any employer, whether or not

local lodge or division. under the act, whenever it is established to the satisfaction of the Board:

AUTHORITY: The provisions of this Part 217

issued under secs. 2, 10, 50 Stat. 809, as (a) That the records of such employer

amended, 314, as amended; 45 U.S.C. 228b, evidence that, because of some action taken by the employer, all rights which

$ 217.1 Statutory provisions. the individual may have had no longer exist; or

No annuity shall be paid with respect to

any month in which an individual in re(b) That such individual has by a

ceipt of an annuity hereunder shall render written or oral notice communicated to compensated service to an employer or to the employer a clear and unambiguous the last person by whom he was employed

228).

prior to the date on which the annuity $ 217.2 Loss of annuity for month in began to accrue. Individuals receiving an

which compensated service is rennuities shall report to the Board immedi.

dered. ately all such compensated service. No annuity under paragraph 4 or 5 of subsection If an individual in receipt of an an(a) of this section shall be paid to an indi. nuity renders compensated service, he vidual with respect to any month in which

shall not be paid an annuity with respect the individual is under age sixty-five and is to any month in which such service is naid more than $100 in earnings Irom em- rendered to ployment or self-employment of any form:

(a) An employer; Provided, That for purposes of this paragraph, if a payment in any one calendar (b) Any person whether or not an emmonth is for accruals in more than one cal ployer by whom he was most recently endar month, such payment shall be deemed employed when his annuity begins to to have been paid in each of the months in accrue: which accrued to the extent accrued in such

(c) Any person with whom he held, month. Any such individual under the age

at the time the annuity begins to accrue, of sixty-five shall report to the Board any & such payment of earnings for such employ- any rights to return to service; ment or self-employment before receipt and (d) Any person with whom he ceased acceptance of an annuity for the second service in order to have his annuity bemonth following the month of such pay

gin to accrue ment. A deduction shall be imposed, with

(Board Order 60—2, 25 F.R. 593, Jan. 23, 1960; respect to any such individual who fails to

25 F.R. 1074, Feb. 6, 1960] make such report, in the annuity or annuities otherwise due the individual, in an $ 217.3 Loss of disability annuity beamount equal to the amount of the annuity

cause of earnings and penalties. for each month in which he is paid such earnings in such employment or self-em

(a) The annuity of an individual ployment, except that the first deduction based upon either the disability described imposed pursuant to this sentence shall in in § 208.7(a) (3) or (4) of this chapter no case exceed an amount equal to the shall not be paid with respect to any amount of the annuity otherwise due for month in which the individual is under the first month with respect to which the

age 65 and earns more than $100 in emdeduction is itaposed. If pursuant to the

ployment or self-employment of any third sentence of this subsection an an

form. Any such individual under the nuity was not paid to an individual with

age of 65 shall report to the Board any respect to one or more months in any cal

such earnings from employment or selfendar year, and it is subsequently estab

employment before receipt and acceptlished that the total amount of such individual's earnings during such year as

ance of an annuity for the second month

following the month of such payment. determined in accordance with that sentence

(b) If such report is not made in ac(but exclusive of earnings for services described in the first sentence of this subsec

cordance with paragraph (a) of this tion) did not exceed $1,200, the annuity with

section, a deduction equal to one month's respect to such month or months, and any

annuity shall be imposed as a penalty deduction imposed by reason of the failure

for a first failure to report as required. to report earnings for such month or months

For any subsequent failure, a penalty under the fifth sentence of this subsection,

deduction shall be equal to the indishall then be payable. If the total amount vidual's annuity for the months in which of such individual's earnings during such he had excess earnings and for which his year (exclusive of earnings for services de report was not timely. scribed in the first sentence of this subsec

(Board Order 60–2, 26 F.R. 593, Jan. 23, 1960] tion) is in excess of $1,200, the number of months in such year with respect to which 8 217.4 Limit of loss of disability anan annuity is not payable by reason of such

nuity because of earnings and third and fifth sentences shall not exceed

penalties. one month for each $100 of such excess, (a) If an individual in receipt of a treating the last $50 or more of such excess

disability annuity has earnings of not as $100; and if the amount of the annuity has changed during such year, any payments

more than $1,200 in a calendar year of annuity which become payable solely by

after 1958 (exclusive of earnings from reason of the limitation contained in this

an employer and from the person by sentence shall be made first with respect to

whom he was last employed), his annui. the month or months for which the annuity ties, if any, withheld during such year 18 larger. (Section 2(d) of the act.)

because of excess earnings or as penalties (Board Order 60—2, 25 F.R. 593, Jan. 23, 1960) for failure to make timely report shall

become payable to him. I such earnings of such individual are in excess of $1,200 in such year, his loss of annuity in the year shall be limited to one month's annuity for each $100 of the excess over $1,200, treating the last $50 or more of the excess as $100.

(b) If an individual in receipt of a disability annuity has earnings of over $100 in a calendar month of any calendar year after 1958 and fails to report such earnings before receiving the annuity payable to him for the second month following the month of such earnings, his penalties for failure to make timely report in such year shall be limited to an amount equal to not more than one month's annuity for each $100 of earnings in excess of $1,200 in such calendar year (exclusive of earnings from an employer and from the person by whom he was last employed), treating the last $50 or more of such excess as $100.

(c) Any annuities withheld in a calendar year after 1958 in excess of the amount provided by this section shall become payable at the end of the calendar year and shall be made first with respect to the month or months in such year for which the annuity is larger. [Board Order 60--2, 25 F.R. 594, Jan. 23, 1960) $ 217.5 Exception concerning service to

a local lodge or division. In determining whether an annuity is subject to the provisions of this part the Board shall disregard any compensated service rendered after December 31, 1936, to a local lodge or division of a railwaylabor-organization employer if the compensation for such service is required to be disregarded under the provisions of 8 222.3(f) of this chapter. (Board Order 40–742, 6 F.R. 298, Jan. 14, 1941)

& 220.1 Meaning of service.

Service shall consist of time devoted to active service as an employee for compensation or time with respect to which remuneration is paid for time lost as an employee. Such service shall be computed in accordance with $ 220.2 and the creditability thereof shall be determined in accordance with § 220.3, and shall be verified in accordance with $ 220.4. (See also g 203.3 of this chapter.) (4 F.R. 1488, Apr. 7, 1989) 8 220.2 What constitutes a month and

a year of service. Any calendar month in which an individual renders service for compensation or for which he receives remuneration for time lost as an employee constitutes a month of service, irrespective of the amount of such service or of the amount of time for which such remuneration is received. Twelve such months, consecutive or otherwise, shall be a year of service: Provided, however, That in totaling the service of an employee who has performed 126 months or more of creditable service, an ultimate fraction of 6 months or more shall constitute a year of service. In all other cases, ultimate fractions shall be taken at their actual value.

Board Order 55-89, 20 F.R. 3708, May 27, 1955]

220.3 Creditability of service.

(a) When a company is not an employer. Service rendered to any person or company other than an employer shall not be creditable except as follows: (1) Service rendered prior to August 29, 1935, for a person or company which was an employer on August 29, 1935, shall be creditable even though such person or company was not an employer at the time the service was rendered; (2) seryice rendered to any person or company which was at some time during its existence an express company, sleeping-car company or carrier by railroad and which was a predecessor of an express company, sleeping-car company or carrier by railroad subject to the act on August 29, 1935, shall be creditable even though such person or company was not an employer at the time such service was rendered and (3) service rendered prior to August 29, 1935, to any person or company in the performance of operations involving the use of standard rail. road equipment provided such oper&

PART 220_DEFINITION AND

CREDITABILITY OF SERVICE Sec. 220.1 Meaning of service. 220.2 What constitutes a month and a year

of service. 220.3 Creditability of service. 220.4 Verification of service claimed.

AUTHORITY: The provisions of this Part 220 issued under sec. 10, 50 Stat. 314, as amended; 45 U.S.C. 228j. $8 220.1 to 220.8 also issued under sec. 1, 50 Stat. 307, as amended; 45

ended: 4 U.S.C. 228a, unless otherwise noted.

tions were performed by an employer on pensation otherwise provided in the act) August 29, 1935.

for service after January 1, 1937, ren(b) Place of performance of service. dered anywhere to an employer conductService performed for an employer shall ing the principal part of its business in be creditable whether rendered within the United States or rendered in the or without the United States, if such em United States to any other employer ployer conducts the principal part of its bears to his total compensation (without business within the United States; but if regard to any limitation on the amount an employer other than a local lodge or of compensation otherwise provided in division or a general committee of a rail the act) for service rendered anywhere way labor organization, does not con to an employer after January 1, 1937. duct the principal part of its business (f) Service subsequent to December within the United States, service to such 31, 1936. All service rendered as an eman employer shall be creditable only ployee after December 31, 1936, includwhen performed by the employee within ing service performed after age 65 is the United States. Service performed attained, shall be creditable even in for a local lodge or division or for a gen excess of 30 years: Provided, however, eral committee of a railway labor or That in any case in which both service ganization shall be creditable in accord prior to January 1, 1937, and service subance with $ 203.5 (b) and (c) of this sequent to December 31, 1936, are to be chapter. Service rendered outside the credited, all service subsequent to DeUnited States by an individual not a citi cember 31, 1936, shall first be credited, zen or resident of the United States to and if it be less than 30 years, then seryan employer who is required under the ice prior to January 1, 1937, shall be laws applicable in the place where the included, but only to an extent sufficient service is rendered to employ therein, in to bring the total of all years of service whole or in part, citizens or residents to 30: Provided further, That whenever thereof is not creditable.

service prior to January 1, 1937, is to be (c) Service based on time lost. Any included it shall be taken in reverse month during which an individual per order. forms no active creditable service, but (g) Service performed subsequent to for all or part of which he received re the beginning date of an annuity. Servmuneration as an employee, which ice rendered as an employee after the remuneration is creditable as compen beginning date of an annuity shall be sation within the meaning of Part 222 creditable toward any annuity under of this chapter shall be creditable in the Part 208 of this chapter, and such ansame manner as active service.

nuity may be recomputed because of (d) Service prior to January 1, 1937. such additional service: Provided, That If an individual was not an employee on an application for recomputation is filed August 29, 1935, no service prior to Jan

as prescribed in § 225.11 (a) of this chapuary 1, 1937, shall be creditable.

ter: Provided further, That such recom(e) Service prior to January 1, 1937,

putation will not result in a decrease in where individual was employee on Au

such annuity. If such annuity was gust 29, 1935. Service performed prior granted upon the basis of disability and to January 1, 1937, by an individual who

the disability annuity ceased before the was an employee on August 29, 1935,

annuitant attained age 65, an applicashall be creditable in the manner and to

tion for recomputation shall not be the extent provided in paragraph (f) of

required. this section but not so as to cause the

(h) Service as employee representatotal years of service to exceed 30: Pro

tive. Service rendered as an employee vided, however, That with respect to any

representative, as defined in $ 205.2 of such individual who rendered service to

this chapter, shall be creditable in the any employer after January 1, 1937, and

same manner and to the same extent as who on August 29, 1935, was not an

though the organization by which he was employee of an employer conducting the

employed weré an employer. principal part of its business in the

(i) Service after December 31, 1936, United States no greater proportion of

to a local lodge or division. Service renhis service rendered prior to January 1,

dered in any month after December 31, 1937, shall be included in his "years of

1936, to a local lodge or division of a service" than the proportion which his railway-labor-organization employer total compensation (without regard to with respect to which service an indiany limitation on the amount of com- vidual would be an employee within the

« PreviousContinue »