Page images
PDF
EPUB

& sworn statement disclosing the reason contributions were being made by the for the separation, the present length father or adopting father, the time, and expected duration thereof, and how amount, and manner of making such and to what extent she cares for the contributions should be stated. child, and upon request of the Board, a (c) If the deceased employee, retiresworn statement by the individual with ment annuitant, or pensioner is the stepwhom the child is living (or oficial of the father of the child, there shall be subinstitution where the child is living), mitted a signed statement by a person which states the source of the child's having knowledge thereof, that at the support and how and to what extent the time of the employee's death, or at the spouse or the widow has cared for the time application for a spouse's annuity child.

was filed, the child was either living with (Board Order 66-89, 20 F. R. 8725, May 27,

or receiving at least one-half his support 1955)

from such employee.

If any information required under 8 239.8 Proof of dependency of a child.

paragraph (a), (b), or (c) of this secAn application for a child's insurance tion, as the case may be, is not furnished annuity shall be supported by proof as in the application, it shall be submitted to the child's dependency upon the de- in the form of a sworn statement. ceased employee, and an applicant If the proof designated in paragraph under age 65 for a spouse's annuity shall (a), (b), or (c) of this section, as the submit proof of dependency of the child case may be, is not obtainable, the reason in her care upon the retirement annui. therefor should be stated and the applitant or pensioner. Such proof shall be cant may submit other evidence of proof the following character:

bative value. (a) If the deceased employee, retire- (Board Order 55-89, 20 F. R. 3726, May 27, ment annuitant, or pensioner is the 1956) father or adopting father of such child,

$ 239.9 Proof of support. there shall be submitted a signed statement by a person having knowledge

A husband who claims to have rethereof, that at the time of the employ

ceived at least one-half of his support ee's death, or at the time application for

from his spouse at the time her re. & spouse's annuity was filed:

tirement annuity or pension began, and (1) The employee and the child were

a widower who claims to have received living together at a common place of

at least one-half of his support from abode, and giving the address of such

the employee at the time of her death place; or

or at the time her retirement annuity (2) The employee was contributing to

or pension began, shall file proof of such the support of the child, and describing

support. The information shall be subthe amount, time or times, and manner

mitted in the form of a signed statement. of making such contributions; or

(Board Order 55-89, 20 F. R. 3725, May 27,

1955] (3) The child: (i) Was the legitimate or adopted child of such employee; and $ 239.10 Proof of the dependency of (ii) had not been adopted by another

a parent. Individual; and (iii) was not living with

A parent who claims to have received and receiving more than one-half his

at least one-half of his support from support from his stepfather.

a deceased employee shall file proof of (b) If the deceased employee is the such support. The information shall mother or the adopting mother, and she

be submitted in the form of a signed is not partially insured, or if she is the statement. The statement shall also stepmother of the child, there shall be

describe any other income (including submitted a signed statement by a per

contributions from other children and con having knowledge thereof, that at

relatives) received by the parent and the time of the employee's death, the

the amount and source of such income, employee (1) was providing one-half the

(Board Order 66-89, 20 F. R. 3725, May 27, child's support, or (2) was living with

1956) the child or contributing to its support and that the child was not living with its

$ 239.11 Proof of the payment of burial father or adopting father and that no

expenses. contributions in any medium were being (a) If a condition of entitlement to & made for the support of the child by such lump sum is that the applicant shall child's father or adopting father. If any have paid part or all of the burial expenses of the deceased employee upon such Acts be taken as terminating any trust the basis of whose insured status the heretofore created for the payment of such

pensions or gratuities. (Section 7 of the act) lump sum is claimed, the applicant shall file an itemized and receipted statement

(Board Order 10–58, 26 FR. 8819, Apr. 80,

1960] or statements of the person or persons who supplied goods or services for the $ 240.2 Eligibility for pensions under burial of the deceased. Such statement

section 6. or statements shall show the total cost

Any individual shall be eligible for a of all goods or services furnished, the

pension under section 6 of the act if it amount remaining unpaid, if any, the

is claimed and established to the satisname of each person who paid any por

faction of the Board: (a) that he was, tion of such costs, and the amount and

on March 1, 1937 and on July 1, 1937, on date of each payment. The applicant

the pension or gratuity roll of an emshall also submit his own signed state

ployer, as defined in the act; (b) that ment as to his relationship or other con

he was on such roll by reason of employnection with the deceased employee, the

ment with an employer; (c) that his total amount of the burial expenses, the

pension or gratuity was payable at a amount of the burial expenses paid from

fixed rate; (d) that he was not, on July his own funds, the amount of burial ex

1, 1937, eligible under either the 1935 penses unpaid, and the amount in cash

act or the 1937 act for an annuity based or property which he has received as

in whole or in part on service rendered reimbursement for his payment of burial

prior to January 1, 1937; (e) that if, on expenses.

March 1, 1937 and on July 1, 1937, the (b) If the payment of burial expenses

employer was not conducting the princiis a condition of entitlement to annuities

pal part of its business within the United due but unpaid at death, the appli

States, the individual was, on March 1, cant shall furnish proof similar to that

1937, carried on the persion or gratuity described in paragraph (a) of this

roll by reason of having performed, withsection.

in the United States, all or a substantial If the proof described in paragraphs portion of his service with such employer (a) or (b) of this section, as the case may during a reasonable period preceding be, is not obtainable, the reason therefor the granting of such pension or gratuity. shall be stated and the applicant may (Sec. 6, 50 Stat. 312, as amended; 45 U.S.C. submit other evidence of probative value.

2281) (Board Order 47–141, 12 F.R. 2909, May 1, 8 240.3 Time at which pension is pay1947)

able.

Any individual establishing the qualifiPART 240—PENSIONS

cations in § 240.2 shall be paid a monthly Dec.

pension on the first day of July 1937 and 240.1 Statutory provisions. 240.2 Eligibility for pensions under section

on the first day of each calendar month 6.

thereafter during his lifetime. A pension 240.3 Time at wbich pension is payable.

payment does not accrue or become pay240.4 Duty of employer.

able until the first day of a month and 240.5 Eligibility of pensioner for annuity on only if the pensioner be alive on that July 1, 1937.

date. 240.6 Adjustment of dual payments. 240.7 Pension by Board not to affect addi

[Board Order 80-58, 25 F.R. 3819, Apr. 80, tional payments by employer.

1960] AUTHORITY: The provisions of this part 240

$ 240.4 Duty of employer. Issued under sec. 10, 50 Stat. 314, as amended; Each employer, as defined in the act, 45 U.S.C. 228j.

shall report to the Board, on such form SOURCE: The provisions of this Part 240 or forms as the Board may provide, with appear at 4 F.R. 1494, Apr. 7, 1939, unless respect to all individuals on its pension otherwise noted.

or gratuity rolls by reason of employment & 240.1 Statutory provisions.

on both March 1, 1937, and July 1, 1937,

the information requested on such form Nothing in this Act or the Railroad Retire

relating to the eligibility of such individment Act of 1935 shall be taken as restricting

uals for pensions under section 6 of the or discouraging payment by employers to retired employees of pensions or gratuities in

act, and shall submit such further eviaddition to the annuities or pensions paid to

dence and information relating thereto such employees under such Acts, nor shall as may be required by the Board.

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. S. C., Sup., 228m) such action as it deems proper under the circumstances. $ 240.7 Pension by 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 a 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 60–68, 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. 8 240.6 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. 250.1 Duty to furnish information and

records. 250.2 Employer to notify of death of em

ployee. 250.8 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. 250.16 Board decisions and opinions and

dissenting opinions. AUTHORITY: 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, 1939, 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- 8 250.3 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 instruc

tio tirement Acts or the Railroad Unemploy

issued by the Director of Data ment Insurance Act, or of the acquisition

Processing and Accounts and approved in

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 filed 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 66–123, 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 67-67, 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 41-485, 8 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 & 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. [4 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 & 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 »