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amount of such absences. The deduction shall be the absences shown by the applicant or 5 percent of the total period in question, whichever is greater: Provided, however, That should an individual submit detailed records of service, properly identified and established as having been made contemporaneously with the rendition of the service for which detailed records of the employer are not available, full credit may be allowed for such service as may be verified from such detailed records of service: And provided, further, That the individual may be permitted to establish in any other manner satisfactory to the Board the actual amount of his absences.

(f) For the purpose of verifying seryice prior to 1937, employers shall preserve in accessible form original records of such service (and compensation therefor) for a number of years which when added to the years elapsed after 1936 total at least 50. [4 F.R. 1488, Apr. 7, 1939, as amended by Board Order 40-29, 5 F.R. 297; Board Order 59–190, 24 F.R. 9083, Nov. 7, 1959]

meaning of 8 203.7 of this chapter shall not be creditable unless rendered for compensation which is creditable within the provisions of Part 222 of this chapter, and particularly $ 222.3 (d) of this chapter.

(j) Service after December 31, 1936, to a local lodge or division. Service rendered in a month after December 31, 1936, to a local lodge or division of a railway-labor-organization employer with respect to which service an individual would be an employee within the meaning of $ 203.7 of this chapter shall not be creditable unless rendered for compensation which is creditable within the provisions of Part 222, and particularly $ 222.3(f) of this chapter. (Sec. 3, 50 Stat. 810, as amended; 45 U.S.C., 228c) 14 F.R. 1488, Apr. 7, 1939, as amended by Board Order 40-742, 6 F.R. 298, Jan. 14, 1941; Board Order 47–1, 12 F.R. 466, Jan. 23, 1947; Board Order 65–89, 20 F.R. 3708, May 27, 1955) | 220.4 Verification of service claimed.

Service claimed, to be credited, shall be verified to the satisfaction of the Board, in the following manner:

(a) Service claimed shall be verified from the pay roll or other detailed records of the employer.

(b) In the event the pay roll or other detailed records are incomplete or missing, the service claimed and not established by such records shall be verified from the personnel records of the employer.

(c) If the pay roll, personnel, and detailed records are incomplete or missing, the service claimed and not established by such records shall be verified from any other books and records of the employer.

(d) If employer records do not establish service claimed, the individual may submit affidavits and other evidence in support thereof in either of the following instances: (1) when there are no employer records available to show whether or not the service claimed was rendered; or (2) when there are employer records available which do not verify the service claimed and do not establish that the service claimed was not rendered.

(e) When service is verified as to over-all dates, but is not supported in detail by employer records, and when there are no employer records showing in detail absences from service, a deduction shall be made to cover an average

PART 222-DEFINITION AND

CREDITABILITY OF COMPENSA-
TION

Sec.

222.1 Statutory provisions. 222.2 Definition of compensation. 222.3 Creditability of compensation. 222.4 Amount of compensation attributable

to each calender month of military

service creditable. 222.5 Verification of compensation claimed.

AUTHORITY: The provisions of this Part 222 Issued under sec. 10, 50 Stat. 314, as amended; 45 U.S.C. 228), unless otherwise noted. § 222.1 Statutory provisions.

The term "compensation" means any form of money remuneration paid to an individual for services rendered as an employee to one or more employers, or as an employee representative, including remuneration paid for time lost as an employee, but remuneration paid for time lost shall be deemed earned in the month in which such time is lost. Such term does not include tips, or the voluntary payment by an employer, without deduction from the remuneration of the employee, of any tax now or hereafter imposed with respect to the compensation of such employee. For the purposes of determining monthly compensation and years of service and for the purposes of subsections (a), (c), and (d) of section 2 and subsection (a) of section 5 of this Act, compensation earned in the service of a local lodge or divi. sion of a railway-labor-organization em

ESRA55-MINU

1.

ployer shall be disregarded with respect to in excess of $300 for any month before July 1, any calendar month if the amount thereof 1954, or in excess of $350 for any month after is less than $3 and (1) such compensation June 30, 1954, and before the calendar month is earned between December 31, 1936, and (June 1959) next following the month in

1 1940, and taxes thereon pursuant to which this Act was amended in 1969 May section 2(a) and 3(a) of the Carriers Taxing 1959), or in excess of $400 for any month Act of 1937 or sections 1500 and 1520 of the after the month in which this Act was so Internal Revenue Code are not paid prioramended and before the calendar month to July 1, 1940; or (2) such compensation (November 1963] next following the month is earned after March 31, 1940. A payment in which this Act was amended in 1963 made by an employer to an individual (October 1963), or in excess of $450 for any through the employer's pay roll shall be month after the month in which this Act presumed, in the absence of evidence to the was so amended, shall be recognized. If the contrary, to be compensation for service employee earned compensation in service rendered by such individual as an employee after June 30, 1937, and after the last day of of the employer in the period with respect the calendar year in which he attained age to which the payment is made. An employee sixty-five, such compensation and service shall be deemed to be paid, "for time lost" shall be disregarded in computing the the amount he is paid by an employer with monthly compensation if the result of taking respect to an identifiable period of absence such compensation into account in such from the active service of the employer, in computation would be to diminish his annucluding absence on account of personal in ity. If the "monthly compensation" comjury, and the amount he is paid by the puted under this subsection is not a multiple employer for loss of earnings resulting from of $1, it shall be rounded to the next lower his displacement to a less remunerative posi- multiple of $1. (Section 3(c) of the act) tion or occupation. If a payment is made (Board Order 60–2, 25 F.R. 594, Jan. 23, 1960; by an employer with respect to a personal 25 F.R. 1074, Feb. 6, 1960, as amended by injury and includes pay for time lost, the Board Order 64-105, 29 F.R. 11916, Aug. 20, total payment shall be deemed to be paid

1964] for time lost unless, at the time of payment, a part of such payment is specifically ap § 222.2 Definition of compensation. portioned to factors other than time lost, in

(a) Compensation paid for services which event only such part of the payment as is not so apportioned shall be deemed to

performed. Compensation shall mean be paid for time lost. Compensation earned

the amount an individual is paid for seryin any calendam month before 1947 shall be ice performed as an employee and shall deemed paid in such month regardless of include amounts paid in the form of a whether or when payment will have been in commodity, services, or privilege, only if fact made, and compensation earned in any the employer and employee, before the calendar year after 1946 but paid after the

performance of the service for which it is end of such calendar year shall be deemed

payment have agreed (1) upon the value to be compensation paid in the calendar year in which it will have been earned if it is so

of such commodity, service, or privilege, reported by the employer before February 1

and (2) that such part of the amount of the next succeeding calendar year or, if agreed upon to be paid may be paid in the employee establishes, subject to the pro the form of such commodity, service, or visions of section 8, the period during which privilege. Compensation shall also in. such compensation will have been earned.

clude allowances in lieu of vacation. In determining the monthly compensation,

(b) Remuneration paid for time lost. the average monthly remuneration, and quarters of coverage of any employee, there

Compensation shall also include amounts shall be attributable as compensation paid paid by an employer to an individual for to him in each calendar month in which he time lost during which time the individis in military service creditable under section ual was absent from the active service 4 the amount of $160 in addition to the com of the employer. An employee shall be pensation, if any, paid to him with respect

deemed to be paid "for time lost" whento such month. Compensation for service

ever any such amount is paid to him by as a delegate to a national or international convention of a railway labor organization

an employer (1) with respect to an idendefined as an "employer" in subsection (a)

tifiable period of absence from the active of this section shall be disregarded for service of the employer, including abpurposes of determining eligibility for and sence on account of personal injury, or the amount of benefits pursuant to this Act (2) for loss of earnings with respect 11 the individual rendering such service has to an identifiable period, resulting from not previously rendered service, other than

his displacement to a less remunerative as such a delegate, which may be included in his “years of service." (Section 1(h) of

position or occupation. The entire the act.)

amount of a payment made with respect ... In computing the monthly compen- to a personal injury shall be deemed to Bation, no part of any month's compensation be remuneration paid for time lost pro

vided such an amount includes pay for time lost and is not, at the time of payment, specifically apportioned to factors other than time lost. In any case where an amount paid with respect to personal injury is, at the time of payment, apportioned to factors other than time lost, only that part of the amount not so apportioned shall be deemed to be remuneration paid for time lost.

(c) Waiver or refund of organization dues. A waiver or refund of organization dues, in all cases in which the amount waived or refunded does not include elements in addition to the consideration for membership in the organization (such as, for example, insurance payments), even though motivated by the rendition of valuable services on the part of the individual to the organization, does not constitute compensation unless it appears by afirmative evidence that such waiver or refund was intended to be and was accepted as a discharge of an obligation of the organization to compensate the individual for service rendered. [Board Order 47-1, 12 F.R. 466, Jan. 28, 1947, as amended by Board Order 51–130, 16 F.R. 4827, May 24, 1951] § 222.3 Creditability of compensation.

(a) Maximum creditable compensation for one month. In no case shall compensation in excess of $300 for any month of service before July 1, 1954, or in excess of $350 for any month of seryice after June 30, 1954, and before June 1, 1959, or in excess of $400 for any month of service after May 31, 1959, and before November 1, 1963, or in excess of $450 for any month of service after October 31, 1963, be recognized.

(b) Compensation dependent upon creditability of service. All compensation paid to an individual for service creditable in accordance with $ 220.3 of this chapter, including compensation received for service performed after age 65, or after the beginning date of an annuity, shall be credited: Provided, however, That the crediting of such compensation shall be limited as prescribed in paragraph (a) of this section: Provided further, That if the individual earned compensation in service after June 30. 1937, and after the calendar year in which he attained age 65, such compensation shall be disregarded in computing the monthly compensation if the result of taking such compensation into account in such computation would be to

diminish his annuity: And provided further, That if the monthly compensation based on compensation creditable under this section and as determined on or after September 6, 1958, under $ 225.3 of this chapter is not a multiple of $1, it shall be rounded to the next lower multiple of $1.

(c) Employee representative compensation. (1) If an individual occupies the position or office of employee representative as defined in section 1 (b) of the 1937 act and is paid remuneration in that position or office, all such remuneration is paid for services rendered as an employee representative within the meaning of section 1 (h) of the act, even though the individual performs either in connection with or outside of that position or office some services which are not related to the representation of employees in negotiations with employers regarding wages, hours, working conditions, etc. However, any other remuneration which the individual receives is not paid for service rendered as an employee representative within the meaning of section 1 (h).

(2) If an individual does not occupy the position or office of employee representative and is paid remuneration in another position or office, none of such remuneration is paid for services rendered as an employee representative within the meaning of section 1 (h) of the 1937 act, even though the individual performs either in connection with or outside of the non-employee representative position some services which are related to the representation of employees in negotiations with employers regarding wages, hours, working conditions, etc. Likewise, if the individual does occupy the position or office of employee representative in addition to his other position or office, but is paid remuneration only in the non-employee representative position or office or for services not related to the representation of employees in negotiations with employers, none of such remuneration is paid for service rendered as an employee representative within the meaning of section 1 (h).

(d) Compensation earned after December 31, 1936, for service rendered to a local lodge or division. Compensation earned in any month after December 31, 1936, for service rendered to a local lodge or division of a railway-labororganization employer shall be disre

arded unless (1) it is $3.00 or more, or 2) if less than $3.00 it was earned prior 0 April 1, 1940, and with respect thereo the income and excise taxes precribed in the Railroad Retirement Tax Act were paid prior to July 1, 1940.

(e) Compensation for service as a delerate to a convention of a railway labor organization. Compensation received on or after April 1, 1954, as a delegate to 2 national or international convention of a railway labor organization defined is an "employer" in section 1 (a) of the act shall be disregarded in determining an individual's eligibility for benefits and the amount of such benefits if the individual has not previousy rendered seryice, other than as such a delegate, which may be included in his "years of service.”

(f) When compensation earned will be deemed compensation paid. Compensation earned in any calendar month before 1947 shall be deemed paid in such month regardless of whether or when payment will have been in fact made, and compensation earned in any calendar year after 1946 but paid after the end of such calendar year shall be deemed to be compensation paid in the calendar year in which it will have been earned if it is so reported by the employer before February 1 of the next succeeding calendar year or, if the employee establishes, subject to the provisions of section 8 of the act, the period during which such compensation will have been earned.

(g) Compensation; payment. Compensation is deemed to be paid:

(1) When it is actually paid; or

(2) When it is constructively paid, that is, credited to the account of or set apart for an employee without any substantial limitation or restriction as to the time or manner of payment or condition upon which payment is to be made, and made available to him so that it may be drawn upon at any time and its payment brought within his own control and disposition.

(h) Allowances in lieu of vacation. Compensation shall include allowances in lieu of vacations. If an employee dies, or ceases service for the purpose of receiving an annuity, and a vacation allowance is thereafter paid, the Board may, in the interest of the employee, credit the allowance to the last day of sevice or allocate the compensation to a

during his life following the last

day of service equivalent to the entire vacation period. (Sec. 1, 50 Stat. 307, as amended; 45 U.S.C. 228a) [Board Order 55–89, 20 FR. 3709, May 27, 1955; 20 FR. 6004, Aug. 18, 1955, as amended by Board Order 60—2, 25 FR. 594, Jan. 23, 1960; Board Order 64-105, 29 F.R. 11916, Aug. 20, 1964) § 222.4 Amount of compensation at.

tributable to each calendar month of

military service creditable. In determining the “monthly compensation" of any employee who performed military service which is creditable under Part 209 of this chapter and section 4 of the act, there shall be attributable as compensation for each such month of creditable military service the amount of $160 in addition to the compensation, if any, paid him with respect to such month: Provided, however, that the compensation so credited shall not exceed the maximum prescribed in $ 222.3(a). (Board Order 55-89, 20 F. R. 3710, May 27, 1955) § 222.5 Verification of compensation

claimed. (a) Compensation claimed shall be verified to the extent deemed necessary by the Board to determine the "monthly compensation" referred to in § 225.3 of this chapter and shall be verified from employers' pay roll or other detailed records.

(b) In any case involving verification of compensation, the Board may prescribe the extent and manner in which such compensation shall be established. [Board Order 59–19, 24 F.R. 1247, Feb. 18, 1959)

PART 225—COMPUTATION OF

ANNUITY Sec. 225.1 Formula for computing annuity. 225.2 Determination of "years of service". 225.3 Determination of "monthly com

pensation”. 225.4 “Compensation" that is included in

determining "monthly compensa

tion". 225.5 Minimum amount of annuity. 225.6 Over-all minimum based on Social

Security Act formula. 225.7 Annuities subject to reduction where

individual is under age 65. 225.8 Effect of election of joint and sur

vivor annuity. 225.9 Reduction because of military service

used for other benefits. 225.10 (Reserved]

[graphic]

Sec.

ice" as is subsequent to December 31, 225.11 Annuity subject to recomputation.

1936, and (ii) dividing the sum by the 226.12 Rounding annuity.

total number of months in his "years of 225.18 Commutation of annuity.

service”: Provided, however, That in the AUTHORITY: The provisions of this Part 225

case of station employees described in issued under secs. 8, 10, 50 Stat. 810, as

paragraph (b) (2) of this section, if his amended, 314, as amended; 45 U.S.C. 228c,

"years of service" include service subse228), unless otherwise noted.

quent to August 31, 1941, and service § 225.1 Formula for computing annuity. prior to September 1941, the result obAn annuity for a month shall be com

tained by (a) multiplying his monthly puted by multiplying an individual's

compensation for service prior to Sep“years of service" by the following per

tember 1941 determined as provided in centages of his "monthly compensation":

paragraph (b) of this section by the 3.35 percent of the first $50; 2.51 percent

number of months in such portion of his of the next $100; and 1.67 percent of the

"years of service" as is prior to Sepnext $300.

tember 1941, (b) adding to the product [Board Order 64-105, 29 F.R. 11916, Aug. 20,

the total compensation earned by him 1964]

in such portion of his "years of service"

as is subsequent to August 31, 1941, and & 225.2 Determination of “years of (c) dividing the sum by the total number service".

of months in his "years of service.” The “years of service" of an individual (b) In determining "monthly comshall be determined in accordance with pensation,” the rules set forth in this the provisions of g 220.3 of this chapter. paragraph shall be applied, the Board [4 F.R. 1490, Apr. 7, 1939]

having found, pursuant to the proviso

in section 3(c) of the Railroad Retire$ 225.3 Determination of "monthly com

ment Act, that in any case to which subpensation".

division (i), (iii), or (iv) of subpara(a) The "monthly compensation" of graph (1) of this paragraph applies, the an individual shall be:

service included in the "years of sery(1) If his "years of service" include ice” in the period 1924-31 is insufficient only service subsequent to December 31, to constitute a fair and equitable basis 1936, and, in the case of station em for determining the amount of compenployees described in paragraph (b) (2) of sation paid to the individual in each this section, only service subsequent to month of service before 1937, and that August 31, 1941, the result obtained by the method provided in such sube totaling the compensation received for sions for determining the amount of such his "years of service" and dividing that compensation for each such month is sum by the number of months of his fair and equitable in every case to which “years of service";

such method is specified as applicable. (2) If his "years of service" include

(1) For an individual other than a only service prior to January 1, 1937, and,

station employee described in subparain the case of station employees de

graph (2) of this paragraph, "monthly scribed in paragraph (b) (2) of this section, only service prior to September

compensation for service prior to Janu1941, his "monthly compensation for

ary 1, 1937,” shall be determined under service prior to January 1, 1937," or prior

the first of the following subdivisions to September 1941, respectively, deter which may be applicable: mined as provided in paragraph (b) of

(i) (a) If 18 or more months of proved this section;

service in the period 1924–31 are included (3) If his "years of service” include in the individual's “years of service” and service subsequent to December 31, 1936, compensation records are available for and service prior to January 1, 1937, the

at least one-half but not less than 18 result obtained by (1) multiplying his

of such months, the "monthly compensa“monthly compensation for service prior

tion for service prior to January 1, 1937," to January 1, 1937," determined as provided in paragraph (b) of this section,

shall be the result obtained by dividing by the number of months in such portion

the number of months in the period of his "years of service" as is prior to 1924–31 which are included in the "years January 1, 1937, (il) adding to the prod- of service” and for which compensation uct the total compensation earned by him records are available into the creditable in such portion of his "years of sery- compensation earned in such months.

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