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or consent of the previous beneficiary or (2) The Individual had not been inbeneficiaries, but to be valid must con- formed by the Board of the necessity form to, and be filled in accordance with, for filing an election on a prescribed form the provisions of the preceding para at least 90 days before the end of the graphs of this section relating to an period in which a timely election can be original designation of beneficiary.

filed, but did file the election before the (Board Order 50-4, 15 F.R. 797, Feb. 14, award of monthly benefits and within 1950)

90 days after being furnished the pre238.4 Election to have residual lump

scribed form.

(e) Effect. An election to have the sum payment awarded.

residual lump sum awarded, filed in ac(a) Conditions of filing. If an em

cordance with the provisions of this secployee is survived by a widow, widower,

tion, is legally effective according to its or parent who may upon attaining age

terms and is irrevocable after payment 60 be entitled by reason of the employee's

to the entitled person. It does not afdeath to benefits or further benefits un

fect any right which the widow, widower, der Part 237 of this chapter, or upon

or parent may otherwise, on the basis attaining the age of eligibility under title

of the employee's employment, have to II of the Social Security Act on the basis

benefits under title II of the Social Seof combined credits, such widow, wid

curity Act not based on combined credits. ower, or parent may file with the Board

(Board Order 55–89, 20 F.R. 3724, May 27, an election to have the residual lump

1955, as amended by Board Order 62-47, 27 sum payment awarded.

F.R. 4879, May 24, 1962; Board Order 64-27, (b) Form and contents. An election 29 F.R. 3229, Mar. 11, 1964) to have the residual lump-sum payment

§ 238.5 Application for residual lumpawarded must be made on the form pre

sum payment. scribed by the Board for that purpose, and must contain an irrevocable election

No payment shall be made under this to have the residual lump sum paid in part to any person unless application lieu of all the benefits specified in para therefor, in such manner and form as graph (a) of this section to which the the Board prescribes, shall have been widow, widower, or parent might other filed by or on behalf of such person wise become entitled.

(whether or not legally competent): (c) Time of filing. An election to Provided, however, That no further aphave the residual lump-sum payment

plication shall be required if an appliawarded must be filed before the widow, cation for another benefit under this widower, or parent attains age 60 if en chapter, by reason of the death of the titled to future benefits under the Rail same employee, shall already have been road Retirement Act, or before the age filed by or on behalf of such person. of eligibility if entitled to future bene (Board Order 50-4, 16 F.R. 798, Feb. 14, 1950) fits under title II of the Social Security

§ 238.6 Meaning of “combined credits." Act instead of under the Railroad Retirement Act.

The term "combined credits" is used (d) Deterred from filing election.

in this part to describe the basis for Where an individual files an election

determining benefits under title II of after attaining age 60 or the age of

the Social Security Act in those cases in eligibility, whichever is applicable, the

which, by virtue of the provisions of secelection shall be considered to have been

tion 5(k) of the Railroad Retirement Act,

service creditable under the Railroad Retimely filed, provided the individual was deterred from

tirement Act is not excluded from "emfiling a timely election. ployment” under the Social Security For this purpose, it shall be considered

Act. that the individual was deterred from fil

(Board Order 62-47, F.R. 4879, May 24, 1962) ing a timely election under the following circumstances:

$ 238.7 Act of March 7, 1942. (1) The individual notified the Board If the deceased employee is a person in writing prior to attaining age 60 or the to whom section 2 of the act of March age of eligibility, whichever is applicable. 7, 1942 (56 Stat. 143, 144) is applicable, of his or her intention or desire to file an he is, for the purposes of this part, election and filled the election within 90 deemed to have died on the date deterdays after he or she was furnished with mined pursuant to that act to be the the prescribed form, or

date or presumptive date of his death,

so long as it does not appear that he is in fact alive. (Board Order 50-4, 16 F.R. 798, Feb. 14, 1950)

PART 239—PROOFS REQUIRED IN

SUPPORT OF CLAIMS FOR BENEFITS Sec. 239.1 Proof of age. 239.2 Proof of death. 239.3 Proof of marriage. 239.4 Proof of termination of prior mar

riage. 299.5 Proof of relationship. 239.6 Proof of "living with". 239.7 Proof of having the care of a child. 239.8 Proof of dependency of a child. 239.9 Proof of support. 239.10 Proof of the dependency of a parent. 239.11 Proof of the payment of burial ex

penses. AUTHORITY: The provisions of this part 239 issued under sec. 10, 50 Stat. 314, as amended; 45 U.S.C. 2283. 8 239.1 Proof of age.

(a) Except when the Board, on the basis of information in its records, is satisfied that the date of birth stated in the application is substantially correct, an applicant for an employee annuity shall file supporting evidence showing the date of his birth if his age is a condition of entitlement or is otherwise relevant to payment of benefits. Such evidence shall also be required by the Board from an applicant for a spouse's annuity or from an applicant for an insurance annuity or from any other individual if such applicant's or such other individual's age is a condition of entitlement or is otherwise relevant to payment of benefits.

(b) In determining the weight to be given to evidence offered to prove age, consideration shall be given to its general probative value and to its position in the following enumeration:

(1) Civil record of birth;
(2) Church record of birth or baptism;

(3) Notification of registration of birth;

(4) Hospital birth record or certificate;

(5) Physician's or midwife's birth record;

(6) Bible or other family record;
(7) Naturalization record;
(8) Immigration record;
(9) Military record;
(10) Passport;
(11) School record;
(12) Vaccination record;
(13) Insurance record;

(14) Labor union or fraternal record;
(15) Employer's record;
(16) Marriage record;
(17) Census age record; or

(18) Other evidence of probative value.

In lieu of the original of any record, except a Bible or other family record, there may be submitted a copy of such record or a statement as to the date of birth shown by such record, duly certified by the custodian of such record or by an individual designated by the Board. If the proof submitted is of recent origin or is not convincing, addi. tional proof may be required.

If proof is not obtainable, the reason therefor should be stated and the applicant may submit the sworn statements of two other persons having knowledge of the age in question.

A date of birth may be fixed by the Board where proof to establish age or birth date cannot be obtained. (Board Order 55-89, 20 F. R. 8724, May 27, 1955, as amended by Board Order 60–58, 25 F.R. 3819, Apr. 30, 1960) & 239.2 Proof of death.

An applicant for annuities due but unpaid at the death of an individual or for any benefit payable upon the death of an individual shall file proof of such individual's death and of the time and place of such death unless such proof has already been received by the Board. Such proof may also be required by the Board in the case of any other individual when such other individual's death is relevant to the determination of an applicant's entitlement. Such proof shall be of the following character:

(a) A certified copy of the public record of death, coroner's report of death, or verdict of the coroner's jury of the State or community where death occurred, a certificate by the custodian of the public record of death, or a certificate or statement of death issued by a local registrar or public health official; or

(b) A certified copy of an oficial report or finding of death made by any agency or department of the United States which is authorized or requested to make such report or finding in the administration of any law of the United States: Provided, however, That a finding of presumptive death made pursuant to section 5 of Public Law 490, 77th Congress, shall be accepted only as proof of the fact of death and not of the date of death; or

(c) A photocopy of any of the documents described in paragraph (a) or (b) of this section; or

(d) A signed statement of the funeral director; or

(e) A signed statement of the attending physician, or the superintendent of the institution where the death occurred, on the official stationery of such physician, or superintendent: Provided, however, That none of the proofs described in paragraphs (a), (b), and (c) of this section is obtainable and the Board is furnished with a satisfactory reason therefor.

If none of the proofs described in paragraphs (a), (b), (c), and (d) of this section is obtainable, the reason therefor should be stated and there may be submitted:

(f) The sworn statements of two or more persons, having knowledge of the death, setting forth the facts and circumstances as to the date, time, place and cause of death; or

(g) Other evidence of probative value.

If death occurs outside the United States there must be furnished a report of the death by a United States consul, or other agent of the State Department, bearing the signature and official seal of such consul or agent, or a certified copy of the public record of death authenticated by the United States consul or other agent of the State Department, or other evidence of probative value. (Board Order 47–141, 12 F.R. 2908, May 1, 1947, as amended by Board Order 55-89, 20 F.R. 3724, May 27, 1955; Board Order 63-9, 28 F.R. 865, Jan. 30, 1963; Board Order 63191, 28 F.R. 11252, Nov. 19, 1963; Board Order 63-205, 28 F.R. 18838, Dec. 19, 1963) 8 239.3 Proof of marriage.

An applicant for any benefit as the spouse of a retirement annuitant or pensioner or as the widow or widower of a deceased employee, annuitant, or pensioner shall file proof as to marriage to such individual, and as to the time and place of marriage. Proof of marriage may also be required by the Board as to the marriage of any other individual when such a marriage is relevant to the determination of an applicant's entitlement.

(a) Proof of a ceremonial marriage shall be of the following character:

(1) A copy of the public record of marriage, duly certified by the custodian of such record; or

(2) A copy of the church record of marriage, duly certified by the custodian of such record; or

(3) The original certificate of marriage.

If none of the proofs described in subparagraphs (1), (2), and (3) of this paragraph is obtainable, the reason therefor should be stated and the applicant may submit:

(4) The sworn statement of the clereyman or owcial who performed the marriage ceremony; or

(5) Other evidence of probative value.

(b) Proof as to a common-law marriage shall be such as to disclose the facts upon which the informant bases his belief as to the existence of such marriage, such as the maintenance of a common place of abode in which the alleged spouses lived together, a present agreement of marriage, and any representations made by the parties as to their marital status. Such proof shall be as follows:

(1) If the husband and wife are living, such proof shall consist of signed statements of the husband and wife and two of their blood relatives. The statement of another individual may be substituted for the statement of each such relative which is not obtainable.

(2) If either the husband or wife is deceased, such proof shall consist of signed statements of the surviving spouse and of two blood relatives of the deceased spouse. The statement of another individual may be substituted for the statement of any such relative, upon written showing that such relative's statement is not reasonably obtainable.

(3) If both the husband and wife are deceased, such proof shall consist of signed statements of one blood relative of each deceased spouse. The statement of another individual may be substituted for the statement of any such relative, upon written showing that such relative's statement is not reasonably obtainable.

The corroborative statements by relatives or other individuals described in subparagraphs (1) and (2) of this paragraph may in the discretion of the Board be omitted where the parties entered into a formal marriage ceremony which was void because of a legal impediment then existing to the marriage, and where the impediment was removed and thereafter they continued to live together as man and wife until the application was filed or until the death of one of them, if under applicable State law a valid commonlaw marriage could come into existence as a result of continued cohabitation as man and wife or a subsequent agreement of marriage, or both.

If the information described in subparagraph (1), (2) or (3) of this paragraph is not furnished on a form provided by the Board, it shall be submitted in the form of a sworn statement.

Board Order 47-141, 12 F.R. 2908, May 1, 1947, as amended by Board Order 55-89, 20 F.R. 3724, May 27, 1955) $ 239.4 Proof of termination of prior

marriage. Where the validity of an alleged marriage depends upon the termination of a former marriage the applicant shall, when so requested by the Board submit:

(a) A certified copy of the decree dissolving such former marriage; or

(b) Proof of the death of a party to such marriage as described in § 239.2 (and in the order of priority therein described); or

(c) Other evidence of probative value. (Board Order 47–141, 12 F.R. 2908, May 1, 1947) $ 239.5 Proof of relationship.

(a) An applicant for any benefit as the child of an individual shall submit proof of relationship as specified in this paragraph.

(1) If the relationship is by blood, one of the forms of documentary evidence described in 239.1 (b) should be submitted (in the order of priority therein provided), showing the relationship between the parent and child in question: Provided, however, That a birth record which shows the name of the child but does not give the names of the parents and their relationship to the child may be accepted as supporting evidence of relationship if the surname of the child shown thereon is the same as that of the parent at the time of the birth of the child, and if none of the information available or furnished to the Board is inconsistent with the existence of the relationship.

If no documentary type of evidence is obtainable, the reason therefor should be stated and the applicant may submit the sworn statements of two disinterested persons showing the name of the child and the name of the parent in question, and that to their own knowledge such person is the child of such parent, and stating the source of their knowledge.

(2) If the relationship is by legal adoption, a certified copy of the decree or order of adoption shall be submitted. If such a copy cannot be obtained, or can be obtained only by order of a court, the reason should be stated and the applicant may submit proof of probative value establishing: That a final decree or order of adoption was granted by a court of competent jurisdiction; when the decree was granted; and who were named in the decree as the adopting parent or parents and the adopted child. If under the law of the place of adoption no decree or order is required to effect the adoption, there shall be submitted either a certified copy of the public record of adoption required by such law or, if no such record is required, the original document, if available, by which the adoption was effected. If the original document is not available, the reason should be stated and the applicant may submit an authentic copy thereof.

(3) If the relationship is that of stepparent and stepchild and the child is the blood child of a parent to whom such a stepparent is married, one of the forms of documentary evidence described in 8 239.1 (b) should be submitted (in the order of priority therein provided), showing the relationship between the child and such blood parent: Provided, however, That a birth record which shows the name of the child but does not give the names of the parents and their relationship to the child may be accepted as supporting evidence of relationship between the child and the child's blood parent to whom the stepparent is married if the surname of the child shown thereon is the same as that of the blood parent at the time of the birth of the child, and if none of the information available or furnished to the Board is inconsistent with the existence of the relationship. If the child is the adopted child of the parent to whom such stepparent is married, proof of adoption in accordance with subparagraph (2) of this paragraph shall be submitted. Proof shall be submitted as described in $ 239.3 (in the order of priority therein provided) as to the marriage of the child's blood parent (or adopting parent) and such stepparent.

If no documentary proof of relationship of the applicant to the blood parent is available, the reason therefor should be stated and the applicant may submit the sworn statements of two disinterested persons showing the name of the child and the blood parent and that to their knowledge such person is the child of such parent, and stating the source of their knowledge.

(b) An applicant for any benefit as the parent of a deceased employee shall submit proof of relationship as specified in this paragraph.

(1) If the relationship is by blood, one of the forms of documentary evidence described in $ 239.1 (c) should be submitted (in the order of priority therein provided), showing the relationship between the deceased employee and the applicant.

If no documentary type of evidence is obtainable, the reason therefor should be stated and the applicant may submit the sworn statements of two disinterested persons showing the name of the employee and the name of the applicant, and that to their own knowledge such employee was the child of such applicant, and stating the source of their knowledge.

(2) If the relationship is by legal adoption, proof of adoption in accordance with paragraph (a) (2) of this section shall be submitted.

(3) If the applicant is the stepparent of the deceased employee, proof of the marriage of such stepparent with a blood parent or adopting parent of the employee shall be submitted, as described in § 239.3 (in the order of priority therein provided), and there shall also be submitted evidence of the relationship of the employee and such blood parent (or adopting parent) as provided in subparagraphs (1) and (2) of this paragraph.

(c) Any person other than a child or parent of a deceased employee who applies for benefits because of the death of an individual shall submit such proof of relationship to such individual as, in the judgment of the Board, is sufficient to establish the alleged relationship. (Board Order 47–141, 12 F.R. 2908. May 1. 1947, as amended by Board Order 55-89, 20 F.R. 3724, May 27, 1955; Board Order 60–58, 25 F.R. 3819, Apr. 30, 1960) § 239.6 Proof of “living with”.

A widow or widower who applies for an insurance annuity shall file proof that she or he was living with the employee at the time of the employee's death

and a wife or husband who applies for a spouse's annuity shall file proof that she or he was living with the retirement annuitant or pensioner as of the day on which her or his application was filed. The proof shall be of the following character:

(a) A signed statement by the applicant for an insurance annuity or & spouse's annuity that at the time of the employee's death or as of the date on which spouse's application was filed, they were living together at the same place of abode. If they were temporarily living apart, the statement should state the places of residence of each at such time or date, the reason for their separation, the length of time they had been separated, and the expected duration of the separation; or

(b) A signed statement by the applicant for an insurance annuity or a spouse's annuity that the deceased employee or retirement annuitant or pensioner was making regular contributions to her or his support, and describing the amount, time or times, and manner of making such contributions; or

(c) A certified copy of an order or decree of a court of competent jurisdiction directing the employee to contribute to his wife's or her husband's support and a certification by the proper official of the court that such order had not expired or had not been vacated prior to the death of the employee or prior to the date on which spouse's application was filed.

If any information required under paragraph (a) or (b) of this section, as the case may be, is not furnished in the application, it shall be submitted in the form of a sworn statement. (Board Order 56–89, 20 F. R. 3726, May 27, 1955) & 239.7 Proof of having the care of a

child. An applicant for a spouse's annuity who is under age 65 and an applicant for a widow's current insurance annuity shall file a signed statement as to whether she has in her care a child of the retirement annuitant or pensioner or of her deceased husband upon the basis of whose insured status she claims benefits. If such information is not furnished in the application, it shall be submitted in the form of a sworn statement. If the child is not living with the spouse or the widow, she shall also submit

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