Page images
PDF
EPUB

contributions were being made by the father or adopting father, the time, amount, and manner of making such contributions should be stated.

(c) If the deceased employee, retire. ment annuitant, or pensioner is the stepfather of the child, there shall be submitted a signed statement by a person having knowledge thereof, that at the time of the employee's death, or at the time application for a spouse's annuity was filled, the child was either living with or receiving at least one-half his support from such employee.

If any information required under paragraph (a), (b), or (c) 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.

If the proof designated in paragraph (a), (b), or (c) of this section, as the case may be, is not obtainable, the reason therefor should be stated and the applicant may submit other evidence of probative value. (Board Order 65-89, 20 F. R. 8726, May 27.

a sworn statement disclosing the reason for the separation, the present length and expected duration thereof, and how and to what extent she cares for the child, and upon request of the Board, a sworn statement by the individual with whom the child is living (or oficial of the institution where the child is living), which states the source of the child's support and how and to what extent the spouse or the widow has cared for the child. (Board Order 56-89, 20 F. R. 8725, May 27, 1955) § 239.8 Proof of dependency of a child.

An application for a child's insurance annuity shall be supported by proof as to the child's dependency upon the deceased employee, and an applicant under age 65 for a spouse's annuity shall submit proof of dependency of the child in her care upon the retirement annui. tant or pensioner. Such proof shall be of the following character:

(a) If the deceased employee, retirement annuitant, or pensioner is the father or adopting father of such child, there shall be submitted a signed statement by a person having knowledge thereof, that at the time of the employ. ee's death, or at the time application for & spouse's annuity was fled:

(1) The employee and the child were living together at a common place of abode, and giving the address of such place; or

(2) The employee was contributing to the support of the child, and describing the amount, time or times, and manner of making such contributions; or

(3) The child: (i) Was the legitimate or adopted child of such employee; and (i) had not been adopted by another individual; and (iii) was not living with and receiving more than one-half his support from his stepfather.

(b) If the deceased employee is the mother or the adopting mother, and she is not partially insured, or if she is the stepmother of the child, there shall be submitted a signed statement by a percon having knowledge thereof, that at the time of the employee's death, the employee (1) was providing one-half the child's support, or (2) was living with the child or contributing to its support and that the child was not living with its father or adopting father and that no contributions in any medium were being made for the support of the child by such child's father or adopting father. If any

& 239.9 Proof of support.

A husband who claims to have received at least one-half of his sup from his spouse at the time her retirement annuity or pension began, and a widower who claims to have received at least one-half of his support from the employee at the time of her death or at the time her retirement annuity or pension began, shall file proof of such support. The information shall be submitted in the form of a signed statement. (Board Order 55-89, 20 F. R. 3726, May 27, 1955] 8 239.10 Proof of the dependency of

a parent. A parent who claims to have received at least one-half of his support from a deceased employee shall file proof of such support. The information shall be submitted in the form of a signed statement. The statement shall also describe any other income (including contributions from other children and relatives) received by the parent and the amount and source of such income. (Board Order 55-89, 20 F. R. 3726, May 27, 1956) $ 239.11 Proof of the payment of burial

expenses. (a) If a condition of entitlement to a lump sum is that the applicant shall have paid part or all of the burial ex

penses of the deceased employee upon the basis of whose insured status the lump sum is claimed, the applicant shall Alle an itemized and receipted statement or statements of the person or persons who supplied goods or services for the burial of the deceased. Such statement or statements shall show the total cost of all goods or services furnished, the amount remaining unpaid, if any, the name of each person who paid any portion of such costs, and the amount and date of each payment. The applicant shall also submit his own signed statement as to his relationship or other connection with the deceased employee, the total amount of the burial expenses, the amount of the burial expenses paid from his own funds, the amount of burial expenses unpaid, and the amount in cash or property which he has received as reimbursement for his payment of burial expenses.

(b) If the payment of burial expenses is a condition of entitlement to annuities due but unpaid at death, the applicant shall furnish proof similar to that described in paragraph (a) of this section.

If the proof described in paragraphs (a) or (b) of this section, as the case may be, is not obtainable, the reason therefor shall be stated and the applicant may submit other evidence of probative value. (Board Order 47–141, 12 F.R. 2909, May 1, 1947)

such Acts be taken as terminating any trust heretofore created for the payment of such pensions or gratuities. (Section 7 of the act) (Board Order 80-58, 26 F.R. 8819, Apr. 80, 1960] Š 240.2 Eligibility for pensions under

section 6. Any individual shall be eligible for a pension under section 6 of the act if it is claimed and established to the satisfaction of the Board: (a) that he was, on March 1, 1937 and on July 1, 1937, on the pension or gratuity roll of an employer, as defined in the act; (b) that he was on such roll by reason of employment with an employer; (c) that his pension or gratuity was payable at a fixed rate; (d) that he was not, on July 1, 1937, eligible under either the 1935 act or the 1937 act for an annuity based in whole or in part on service rendered prior to January 1, 1937; (e) that if, on March 1, 1937 and on July 1, 1937, the employer was not conducting the principal part of its business within the United States, the individual was, on March 1, 1937, carried on the persion or gratuity roll by reason of having performed, within the United States, all or a substantial portion of his service with such employer during a reasonable period preceding the granting of such pension or gratuity. (Sec. 6, 50 Stat. 312, as amended; 45 U.S.C. 2281) § 240.3 Time at which pension is pay

able. Any individual establishing the qualifications in 240.2 shall be paid a monthly pension on the first day of July 1937 and on the first day of each calendar month thereafter during his lifetime. A pension payment does not accrue or become payable until the first day of a month and only if the pensioner be alive on that date. (Board Order 80-58, 25 F.R. 3819, Apr. 80, 1960] § 240.4 Duty of employer.

Each employer, as defined in the act, shall report to the Board, on such form or forms as the Board may provide, with respect to all individuals on its pension or gratuity rolls by reason of employment on both March 1, 1937, and July 1, 1937, the information requested on such form relating to the eligibility of such individuals for pensions under section 6 of the act, and shall submit such further evidence and information relating thereto as may be required by the Board.

PART 240—PENSIONS Sec. 240.1 Statutory provisions. 240.2 Eligibility for pensions under section

R

240.3 Time at which pension is payable. 240.4 Duty of employer. 240.5 Eligibility of pensioner for annuity on

July 1, 1937. 240.6 Adjustment of dual payments. 240.7 Pension by Board not to affect addi.

tional payments by employer. AUTHORITY: The provisions of this Part 240 issued under sec. 10, 50 Stat. 314, as amended; 45 U.S.C. 228j.

SOURCE: The provisions of this Part 240 appear at 4 F.R. 1494, Apr. 7, 1939, unless otherwise noted. $240.1 Statutory provisions.

Nothing in this Act or the Railroad Retire. ment Act of 1935 shall be taken as restricting or discouraging payment by employers to retired employees of pensions or gratuities in addition to the annuities or pensions paid to such employees under such. Acts, nor shall

made or his employer, or both, the Board may require from the individual or the employer submitting such fraudulent or erroneous information or statements reimbursement of any amounts thus paid, and in addition thereto shall cause to be taken under section 13 of the act (50 Stat. 316; 45 U. 8. C., Sup., 228m) such action as it deems proper under the circumstances. 6 24.0.7 Penzion hy Board not to affect

additional payments by employer. In any case wherein the pensioner eligible under section 6 of the act was receiving a pension or gratuity from an employer, the payment by the Board of a pension under section 6 of the act shall have no effect upon the payment by the employer of such additional gratuities as it sees fit, nor upon any trust fund created for the payment of pensions or gratuities. (Board Order 80-58, 26 P.R. 8819, Apr. 80. 1960)

8 240.5 Eligibility of pensioner for an

nuity on July 1, 1937. The claim for an annuity of any india vidual in receipt of or eligible for a pension under section 6 of the act shall be adjudicated in the same manner and with the same effect as the claims of other individuals: Provided, however, That such an individual shall not be granted an annuity unless he was, on July 1. 1937, eligible under the 1935 or the 1937 act for an annuity based in whole or in part on service rendered prior to January 1, 1937. § 240.6 Adjustment of dual payments.

In the event of payment by the Board to an individual, who was, on July 1. 1937. eligible under either the 1935 act or the 1937 act for an annuity based in whole or in part on service rendered prior to January 1, 1937, of pensions in months in which for all or a part thereof the individual is entitled to annuities, the difference between the pensions paid and the annuities accruing for the same period or fraction thereof, if any, shall be adjusted by the Board as follows:

(a) If the total or the allocated portion of the pension payments made in such months equals the total of the unpaid annuities due, the latter amount shall be canceled.

(b) If the total or the allocated portion of the pension payments made in such months exceeds the total of the unpaid annuities due, the latter amount shall be canceled and the difference shall be deducted from annuities subsequently becoming due.

(c) If the total or the allocated portion of the pension payments made in such months is less than the total of the unpaid annuities due, the individual shall be paid the difference.

(d) If, under either paragraphs (a), (b) or (c) of this section, the annuity payments have been made for the month or months or fractional portions thereof in which the pension payments were made or if, for any other reason, it is, in the judgment of the Board, inequitable or impractical to cancel or reduce the annuity payments for such month or months, the unpaid annuity payments for the succeeding month or months shall be canceled or reduced.

(e) In any case wherein the payment of an annuity or a pension was based upon fraudulent or erroneous information or statements submitted by the individual to whom payment has been

PART 250_REPORTS, INFORMATION.

HEARINGS AND WITNESSES Sec. 260.1 Duty to furnish information and

records. 260.2 Employer to notify of death of em

ployee. 260.8 Employers' reports of compensation

of employees. 250.4 Registration of employees. 250.5 Employers to transmit annual state

ments of compensation. 260.6 Reports of employee representatives. 250.7 Hearings. 250.8 Witnesses. 250.9 Application for witnesses. 250.10 Petition for summoning recalcitrant

witnesses. 250.11 Service of subpenas. 250.12 Returns. 250.13 Examiners. 250.14 Exhibits. 250.16 Procedure when examiner appointed. 260.16 Board decisions and opinions and

dissenting opinions. AUTEORITY: The provisions of this part 260 issued under sec. 10, 50 Stat. 314, as amended; 45 U.S.C. 228), unless otherwise noted.

SOURCE: The provisions of this Part 260 appear at 4 F.R. 1495, Apr. 7, 1989, unless otherwise noted. $ 250.1 Duty to furnish information

and records. (a) General. In connection with any matter or inquiry directly or indirectly involving (1) the employer status of any individual, person or company, (2) the

employee or pension status of any indi- $250.3 Employers' reports of compenvidual, (3) the amount and creditability sation of employees. of service and comrunsation, or (4) any

(a) Each employer shall, in accordother matter arising in or necessary for

ance with instructions issued by the Dithe administration of the Railroad Re

rector of Data Processing and ACtirement Acts of 1935 or 1937, the Board

counts, file with the Board (1) on or bemay require any individual, person or

fore the last day of each month, a report company to furnish or submit, in such

of the compensation adjustments apform and at such times as the Board

pearing on payrolls or other disbursemay require, any information, records,

ment documents for the month immecontracts, documents, reports or other

diately preceding such month, (2) on material within their possession or con or before the last day of the month trol, that, in the judgment of the Board,

immediately following the end of each may have any bearing upon such matter

calendar quarter, a summary of compenor inquiry.

sation adjustments reported for the quar(b) Information concerning change ter, and (3) on or before the last day of of status. It shall be the duty of each the second month immediately followemployer promptly to notify the Board of

ing the end of each calendar year: the occurrence of any event, incident, or

(i) A report of the compensation paid change in the operations, ownership or

to each employee for the calendar year, control of the employer which affects its showing with respect to each employee status as an employer, under the Rail his name, his account number, and, exroad Retirement Acts or the Railroad

cept in the case of an employee of a Unemployment Insurance Act; or of any railway-labor-organization employer, his change in the ownership or control by occupational class under the appropriate the employer in any company which Interstate Commerce Commission oCwould affect the status of such company cupational classification as supplemented as an employer under the Railroad Re or varied for this purpose by instructirement Acts or the Railroad Unemploy

tions issued by the Director of Data

Processing and Accounts and approved in ment Insurance Act, or of the acquisition

this respect by the Director of Research. of ownership or control by the employer

(ii) A summary report of the comof any company which would give such

pensation of the employees for the pecompany a status as an employer under

riod covered by the report. said acts. The notice should contain a description of the event, incident, or

If such last day of the month is a Sunday change, the date or dates thereof, the

or legal holiday, the report may be filed

on the next following business day. If number and general description of em

placed in the mails, the report shall be ployees thereby affected, and such other

posted in ample time to reach the ofice data as may be necessary to advise the

of the Board at Chicago, Ill., under ordiBoard fully of the effect of the particular

nary handling of the mails, on or before change.

the date on which the report is required 14 F.R. 1495 Apr. 7, 1989, as amended by to be filed. Authorization to file reports Board Order 40–197, 5 F.R. 1468, Apr. 20, 1940) on dates later than prescribed in this $ 250.2 Employer to notify of death of

section may be granted by the Director employee.

of the Bureau of Data Processing and

Accounts. Each employer shall notify the Board

(b) An employer having intermittent of the death of any employee who has, or seasonal payrolls shall file a summary prior to his death, performed service report of compensation for each year in for compensation which has not been which no payroll was maintained and reported to the Board under $250.3. shall show "Nil” in the space provided Such notice and any information which for reporting the compensation. the Board may require in connection (c) Upon termination of employer therewith shall be submitted, on the

status as determined under $ $ 202.11 and form provided by the Board for that

202.12 of this chapter, a final report of purpose, within 30 days following the

compensation of employees shall be subreceipt by the employer of notice of such

mitted. The summary report of comdeath.

pensation shall be marked "Final (Board Order 63–103, 28 F.R. 6266, June 19, Compensation Report," and the period 1963)

covered by the report shall be indicated.

Such report shall be filled with the Board on or before the last day of the month following the final month for which there was compensated service. (Sec. 8, 50 Stat. 818, as amended; 45 0.8.0. 228h) (Board Order 47–1, 12 F.R. 470, Jan. 23, 1947, as amended by Board Order 66-128, 81 F.R. 15238, Dec. 6, 1968; Board Order 6767, 32 F.R. 9064, June 27, 1967) § 250.4 Registration of employees.

(a) Each employer shall require each employee who cannot furnish satisfactory evidence of having previously filed an employee registration form provided by the Board to execute such form, and shall complete and file such form with the Board by whichever is the earlier of (1) 30 days after the date on which such employee first performed compensated service for such employer, or (2) 30 days before the date upon which such employer first files with the Board a report of the service and compensation of such employee.

(b) Each employer shall furnish the Board with such notice of multiple account numbers and corrections in identifying data as may be required by instructions issued by the Director of Data Processing and accounts. [Board Order 66–123, 31 F.R. 16238, Dec. 6, 1966, and Board Order 67–87, 32 F.R. 9066, June 27, 1967] $ 250.5 Employers to transmit annual

statements of compensation. Each employer shall transmit to each of its employees an annual statement, prepared by the Board and forwarded to such employer, of the service months and compensation credited to such employee on the records of the Board. Such statements shall be transmitted to the employees within 30 days of the date on which they are forwarded by the Board to the employer: Provided, however, That statements which cannot be transmitted to the employees within such 30 days shall be held for a further 30 days and be returned to the Board at the end of 60 days. (Board Order 41-435, 6 FR. 6306, Oct. 18, 1941] 8 250.6 Reports of employee represent

atives. An initial report setting forth the facts upon which he bases his status as an employee representative will be

required of an individual claiming such a status. If the facts establish to the satisfaction of the Board that the individual claiming such status is an employee representative within the meaning of the act and the regulations in this chapter, he will be so advised and will thereafter be required to furnish to the Board periodic reports of his compensation as such, from and after January 1, 1937. These reports will be used for the adjudication and computation of his annuity upon qualification therefor. Proper forms and instructions will be furnished from time to time for use in making these reports. § 250.7 Hearings.

To such extent as may be necessary to determine (a) the employee or pension status of any individual or group of individuals, (b) the employer status of any company or person, and (c) any other matter arising in or necessary for the administration of the Railroad Retirement Acts of 1935 and 1937, the Board may itself or through a member or & designated subordinate or subordinates, require and compel the attendance of witnesses and the production of records and documents, administer oaths, take testimony, make all pertinent investigations and findings of fact and render decisions upon such findings. $ 250.8 Witnesses.

(a) In any hearing before the Board, a member thereof, or a designated subordinate or subordinates, witnesses may be summoned to appear and give testimony.

(b) Designation by the Board of any person or persons to preside at and conduct such hearings shall constitute a delegation of authority to such person or persons to require and compel the attendance of witnesses, to administer oaths, and to take testimony. 14 F.R. 1495, Apr. 7, 1989, as amended at 35 F.R. 14543, Sept. 17, 1970) 8 250.9 Application for witnesses.

The Board, a member thereof, or a designated subordinate or subordinates, conducting a hearing may upon its or their own motion or upon application of any party to such hearing issue a subpena for a witness or witnesses. The application shall be by affidavit filed with the body or person conducting the hear

« PreviousContinue »