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 official 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 55-89, 20 F. R. 3725, 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 annuitant 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 employee's death, or at the time application for a spouse's annuity was filled:

(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 (ii) 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

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, retirement 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 filed, 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 55-89, 20 F. R. 3725, May 27, 1955]

A husband who claims to have received at least one-half of his support 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. 3725, May 27, 1955]

§ 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. 3725, May 27, 1955]

§ 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 file 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]

Sec.

PART 240-PENSIONS

240.1 Statutory provisions.

240.2 Eligibility for pensions under section 6.

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 additional payments by employer.

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

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 Retirement 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

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 60-58, 25 FR. 8819, Apr. 80, 1960]

§ 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 pension 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 payable.

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 60-58, 25 FR. 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.

§ 240.5 Eligibility of pensioner for annuity on July 1, 1937.

The claim for an annuity of any individual 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

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 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 60-58, 25 FR. 3819, Apr. 80, 1960]

employee or pension status of any individual, (3) the amount and creditability of service and compensation, or (4) any other matter arising in or necessary for the administration of the Railroad Retirement Acts of 1935 or 1937, the Board may require any individual, person or company to furnish or submit, in such form and at such times as the Board may require, any information, records, contracts, documents, reports or other material within their possession or control, that, in the judgment of the Board, may have any bearing upon such matter or inquiry.

(b) Information concerning change of status. It shall be the duty of each employer promptly to notify the Board of the occurrence of any event, incident, or change in the operations, ownership or control of the employer which affects its status as an employer, under the Railroad Retirement Acts or the Railroad Unemployment Insurance Act; or of any change in the ownership or control by the employer in any company which would affect the status of such company as an employer under the Railroad Retirement Acts or the Railroad Unemployment Insurance Act, or of the acquisition of ownership or control by the employer of any company which would give such company a status as an employer under said acts. The notice should contain a description of the event, incident, or change, the date or dates thereof, the number and general description of employees thereby affected, and such other data as may be necessary to advise the Board fully of the effect of the particular change.

[4 F.R. 1495 Apr. 7, 1939, as amended by Board Order 40-197, 5 FR. 1468, Apr. 20, 1940] § 250.2 Employer to notify of death of employee.

Each employer shall notify the Board of the death of any employee who has, prior to his death, performed service for compensation which has not been reported to the Board under § 250.3. Such notice and any information which the Board may require in connection therewith shall be submitted, on the form provided by the Board for that purpose, within 30 days following the receipt by the employer of notice of such death.

[Board Order 63-103, 28 F.R. 6266, June 19, 1963]

§ 250.3 Employers' reports of compensation of employees.

(a) Each employer shall, in accordance with instructions issued by the Director of Data Processing and Accounts, file with the Board (1) on or before the last day of each month, a report of the compensation adjustments appearing on payrolls or other disbursement documents for the month immediately preceding such month, (2) on or before the last day of the month immediately following the end of each calendar quarter, a summary of compensation adjustments reported for the quarter, and (3) on or before the last day of the second month immediately following the end of each calendar year:

(i) A report of the compensation paid to each employee for the calendar year, showing with respect to each employee his name, his account number, and, except in the case of an employee of a railway-labor-organization employer, his occupational class under the appropriate Interstate Commerce Commission occupational classification as supplemented or varied for this purpose by instructions issued by the Director of Data Processing and Accounts and approved in this respect by the Director of Research.

(ii) A summary report of the compensation of the employees for the period covered by the report.

If such last day of the month is a Sunday or legal holiday, the report may be filed on the next following business day. If placed in the mails, the report shall be posted in ample time to reach the office of the Board at Chicago, Ill., under ordinary handling of the mails, on or before the date on which the report is required to be filed. Authorization to file reports on dates later than prescribed in this section may be granted by the Director of the Bureau of Data Processing and Accounts.

(b) An employer having intermittent or seasonal payrolls shall file a summary report of compensation for each year in which no payroll was maintained and shall show "Nil" in the space provided for reporting the compensation.

(c) Upon termination of employer status as determined under §§ 202.11 and 202.12 of this chapter, a final report of compensation of employees shall be submitted. The summary report of compensation shall be marked "Final Compensation Report," and the period 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. 313, as amended; 45 U.S.C. 228h) [Board Order 47-1, 12 FR. 470, Jan. 23, 1947, as amended by Board Order 66-123, 31 F.R. 15238, Dec. 6, 1966; Board Order 6767, 32 FR. 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. 15238, Dec. 6, 1966, and Board Order 67-67, 32 F.R. 9065, 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. 5306, Oct. 18, 1941]

§ 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 a 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, 1939, as amended at 35 F.R. 14543, Sept. 17, 1970]

§ 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