« PreviousContinue »
$ 255.14 Factors due to be considered in § 260.1 Initial decisions by the Bureau a compromise.
of Retirement Claims. The following indicate the character (a) Claims will be adjudicated and of reasons which will be considered in initial decisions made by the Bureau of approving a compromise:
Retirement Claims upon the basis of the (a) The debtor's ability to repay the application, the evidence submitted by full amount within a reasonable time; the applicant, and evidence otherwise
(b) The debtor's refusal to pay the available. Adjudication and initial deciclaim in full and the Board's inability to sion will be in accordance with instruceffect collection in full within a reason- tions issued by the Director of the able time by other collection methods; Bureau.
(c) Doubt concerning the Board's (b) Notice of an initial decision shall ability to prove its case in court for the be communicated by the Bureau of Refull amount because of a bona fide dis- tirement Claims to the applicant in writpute as to the facts or because of the legal ing within 30 days after such decision issues involved;
is made. (d) The cost of collecting the errone- (Board Order 47-33, 12 F.R. 1389, Feb. 27. ous payment does not justify the en- 1947, as amended at 35 F.R. 14544, Sept. 17, forced collection of the full amount. 1970] (Board Order 67–21, 82 FR. 3224, Feb. 24, § 260.2 Appeal from an initial decision 1967]
of the Bureau of Retirement Claims. § 255.15 Suspension or termination of (a) Every applicant shall have a right collection action.
to appeal to the Office of Hearings and Collection action on a Board claim may Appeals from any initial decision of the be suspended or terminated under the Bureau of Retirement Claims by which following conditions:
he claims to be aggrieved. (a) Collection action on a Board claim
(b) Appeal from an initial decision of may be suspended temporarily when the the Bureau of Retirement Claims shall debtor cannot be located and there is be made by the execution and filing of reason to believe future collection action the appeal form prescribed by the Board. may be productive or collection may be
Such appeal must be filed with the Office effected by offset in the near future.
of Hearings and Appeals within 1 year (b) Collection action may be termi
from the date upon which notice of the nated when:
initial decision is mailed to the applicant (1) The debtor is unable to make any
at the address furnished by him. substantial payment;
(c) The right to further review of an (2) The debtor cannot be located and
initial decision of the Bureau of Retire
ment Claims shall be forfeited unless offset is too remote to justify retention of the claim;
formal appeal is filed in the manner and (3) The cost of collection action will
within the time prescribed in this part. exceed the amount recoverable;
(d) Within a reasonable time after the
applicant has filed a properly executed (4) The claim is legally without merit or cannot be substantiated by the evi
appeal, the Director of the Office of Hear
ings and Appeals shall appoint a referee dence.
to act in the appeal. Such referee shall [Board Order 67–21, 32 F.R. 3224, Feb. 24,
not have any interest in the parties or in 1967]
the outcome of the proceedings, shall
not have directly participated in the PART 260—APPEALS WITHIN THE
initial decision from which the appeal is BOARD
made, and shall not have any other inSec,
terest in the matter which might prevent 260.1 Initial decisions by the Bureau of Re- a fair and impartial decision. tirement Claims.
(e) The appellant, or his representa260.2 Appeal from an initial decision of the Bureau of Retirement Claims.
tive, shall be afforded full opportunity 260.3 Final appeal from a decision of the
to present further evidence upon any referee.
controversial question of fact, orally or 260.4 Determination of date of filing of ap- in writing or by means of exhibits; to peal.
examine and cross-examine witnesses; AUTHORITY: The provisions of this Part 260
and to present argument in support of Issued under sec. 10, 50 Stat. 814, as amended;
the appeal. If, in the judgment of the 46 U.S.C. 228).
referee, evidence not offered by the appellant is available and relevant and is months from the date upon which notice material to the merits of the claim, the of the decision by the referee is mailed referee shall obtain such evidence upon to the appellant at the address furnished his own initiative. The referee shall pro- by him. As used in this part, a month tect the record against scandal, imperti- shall be considered to have elapsed benence and irrelevancies, but the technical tween any date and the date correspondrules of evidence shall not apply.
ing thereto in the next succeeding month. (f) In the development of appeals, the (c) The right to further review of a referee shall have power to hold hearings, decision of the referee shall be forfeited require and compel the attendance of unless formal final appeal is filed in the witnesses, administer oaths, take testi
manner and within the time prescribed mony, and make all necessary in this part. investigations.
(d) Upon final appeal to the Board, (g) All oral evidence presented at any the appellant shali not have the right to hearings shall be reduced to writing. All submit additional evidence: Provided, evidence presented by the appellant and however, That, if upon final appeal to all evidence developed by the referee the Board, the Board finds that new or shall be preserved. Such evidence, to- better evidence is available, the Board gether with a record of the arguments, may obtain such evidence, in which oral or written, and the file previously event the appellant shall be advised with made in the adjudication of the claim, respect to such evidence and given an shall constitute the record for decision opportunity to submit rebuttal evidence of the appeal. After an appeal form and argument: And provided further, is filed, the compilation of the record That in the event that pursuant to the shall be initiated by the inclusion preceding proviso material evidence is therein of the file made in the adju- developed which tends to show facts condication of the claim; the compilation trary to those found by the referee, or, of the record shall be kept up to in the event that the appellant shows date by the prompt addition thereto of that he is ready to present further maall parts of the record subsequently de- terial evidence, which for good reason veloped. The entire record at any time he was not able to present to the referree, during the pendency of an appeal shall the claim may be referred back to the be available for examination by the referee. Thereupon the referee shall reappellant or his representative.
ceive such new evidence as may be (h) Upon completion of the record, offered, develop new or better evidence the referee shall render a decision there- if available, affording the appellant apon as soon as practicable, and within propriate opportunity to submit rebut30 days after the making thereof, such tal evidence and argument, include a decision shall be communicated to the transcript of all evidence in the record, appellant in writing.
and transmit the entire record to the (i) The Board may, its own motion, Board together with his recommendation review a decision of the referee on the to the Board for final decision. basis of the evidence previously sub- (e) The decision of the Board shall be mitted in the case, and may designate made upon the record of evidence and any employee of the Board to take addi- argument which has been made in the tional evidence and to report his findings handling of the case before final appeal to the Board.
to the Board, with such additions as may [35 F.R. 14544, Sept. 17, 1970]
be made pursuant to this section.
Further argument will not be permitted & 260.3 Final appeal from a decision of
except upon a showing by the appellant the referee.
that he has arguments to present which (a) Every appellant shall have a right for valid reasons he was unable to preto a final appeal to the Railroad Retire- sent at an earlier stage, and in cases in ment Board from any decision of the which the Board requests further elaboreferee by which he claims to be
ration of the appellant's arguments. In aggrieved.
such cases, the further argument shall
be submitted orally or in writing, as the (b) Final appeal from a decision of
Board may indicate in each case, and the referee shall be made by the execu
shall be subject to such restrictions as to tion and filing of the final appeal form
form, subject matter, length and time as prescribed by the Board. Such appeal the Board may indicate to the appellant. must be filed with the Board within 4 [35 F.R. 14544, Sept. 17, 1970]
$ 260.4 Determination of date of filing
of appeal. In determining whether an appeal has been made in accordance with the regulations in this part, the date of illing & duly executed appeal form prescribed by the Board shall be the date of receipt at an office of the Board or the date of delivery for the purpose of transmission to the Board's main office in Chicago, Ill., to any field agent specifically authorized by a regional director to receive custody thereof in the district where delivery is made, whichever date is earlier. (Board Order 47-83, 12 F.R. 1890, Feb. 27, 1947]
PART 262—MISCELLANEOUS Sec. 262.1 Penalties. 262.2 Posting notices to employees. 262.5 Exemption. 262.6 Waiver; statutory provisions. 262.7 Waiver of annuity or pension pay
ments. 262.10 Free transportation. 262.12 Representatives of claimants. 262.15 Offices of the Board. 262.16 Records and other papers of the
Board; disclosure; service of proc
ess. 262.17 Actuarial Advisory Committee; stat
utory provisions. 262.18 Actuaries to be recommended by
employees and carriers. AUTHORITY: The provisions of this Part 262 1ssued under sec. 10, 50 Stat. 314, as amended; 45 U.S.C. 228j. 88 262.18 and 262.19 also issued under sec. 15, 50 Stat. 316, as amended; 45 U.S.C. 2280, unless otherwise noted. § 262.1 Penalties.
Any oficer or agent of an employer, as the word "employer” is hereinbefore defined, or any employee acting in his own behalf, or any individual whether or not of the character hereinbefore defined, who shall willfully fall or refuse to make any report or furnish any information required, in accordance with the provisions of section 10(b) 4, by the Board in the administration of this Act or the Railroad Retirement Act of 1935, or who shall knowingly make or cause to be made any false or fraudulent statement or report when a statement or report is required to be made for the purpose of such Acts, or who shall knowingly make or aid in making any false or fraudulent statement or claim for the
purpose of causing an award or payment under such Acts, shall be punished by a fine of not more than $10,000 or by imprisonment not exceeding one year, or both. (Section 13(a) of the act) (Board Order 60–30, 25 F.R. 2056, Mar. 10 1960] 8 262.2 Posting notices to employees.
Regional directors of the Board shall arrange for the posting by employers of such notices to their employees as the Board may provide in order to inform such employees of their rights under the Railroad Retirement Acts and the Rail. road Unemployment Insurance Act. Such notices shall be so posted in such numbers and in such places as may be necessary to insure that they will be seen by the greatest number of employees. [Board Order 89–787, 4 FR. 4796, Dec. 8, 1939) $262.5 Exemption.
Notwithstanding any other law of the United States, or of any State, Territory, or the District of Columbia, no annuity or pension payment shall be assignable or be subject to any tax or to garnishment, or attachment, or other legal process under any circumstances whatsoever, nor shall the payment thereof be anticipated. (Section 12 of the act) [Board Order 60-80, 25 F.R. 2055, Mar. 10, 1960) § 262.6 Waiver; statutory provisions.
Any person awarded an annuity or pension under this Act may decline to accept all or any part of such annuity or pension by a waiver signed and filed with the Board. Such waiver may be revoked in writing at any time, but no payment of the annuity or pension waived shall be inade covering the period during which such waiver was in effect. Such waiver shall have no effect on the amount of the spouse's annuity, or of a lump sum under section 5(f) (2), which would otherwise be due, and it shall have no effect for purposes of the last sentence of section 5(g) (1). (Section 20(a) of the act) (Board Order 60–30, 25 FR. 2056, Mar. 10, 1960] 262.7
Waiver of annuity or pension payments. (a) Any individual who has been awarded an annuity or pension under
the act shall have the right to waive such annuity or pension in whole or in part by filing with the Board either a statement to that effect signed by him or a duly executed waiver form prescribed by the Board.
(b) Such a waiver shall be effective as of the date specified therein, but not before September 1, 1954: Provided, however, That if an annuity or pension has been awarded, a waiver shall not be effective before the first day of the month in which the waiver form is received at an ofice of the Board.
(c) Covering the period during which a waiver is in effect, no payment of the amount of the annuity or pension waived can ever be made to any person. Such waiver in such period shall not, however, have any effect on the amount of a spouse's annuity otherwise payable or on a lump sum under section 5 (f) (2) of the act otherwise due, nor shall it serve to make such individual eligible for a lump-sum death benefit or any insurance benefits under the Social Security Act on the basis of the wages of the same deceased employee.
(d) A waiver once made shall continue in effect until such time as of which, but not earlier than the month in which, the annuitant or pensioner requests in a writing signed by him and filed with the Board that it be terminated. (Board Order 55-89, 20 F. R. 3726, May 27, 1955] $ 262.10 Free transportation.
It shall not be unlawful for carriers by railroad subject to this Act to furnish free transportation to individuals receiving annuities or pensions under this Act or the Railroad Retirement Act of 1935 in the same manner as such transportation is furnished to employees in their service. (Sec. 18, 50 Stat. 318; 45 U.S.C. 228r) [4 F.R. 1503, Apr. 7, 1939] $ 262.12 Representatives of claimants.
(a) Power of attorney. A claimant shall not be required to hire, retain or utilize the services of an attorney, agent, or other representative in any claim Alled with the Board. In the event a claimant desires to be represented by another person, he shall file with the Board prior to the time of such representation a power of attorney signed by
him and naming such other person as the person authorized to represent the claimant with respect to matters in connection with his claim: Provided, however, That without requiring such power of attorney the Board may recognize as the duly authorized representative of the claimant a member of Congress or a person designated by the claimant's railway labor organization to act in behalf of members of that organization on such matters when it appears that such recognition is in the interest of the claimant.
(b) Payment of claim. The Board will not certify payment of any awarded claim to or through any person other than the claimant for the reason that a power of attorney for such person to represent such claimant has been filed. (Board Order 55-89, 20 F. R. 3726, May 27, 1955) § 262.15 Offices of the Board.
The Board hereby establishes offices of the Board its main office in Chicago, Ill., all regional offices, all district offices, and all other offices maintained by the Board as necessary for the proper discharge of its functions under the Railroad Retirement Acts and the Railroad Unemployment Insurance Act. (Board Order 63–103, 28 F.R. 6266, June 19, 1963) § 262.16 Records and other papers of
the Board; disclosure; service of
process. (a) No document, or any information acquired therefrom or otherwise officially acquired, which is in the possession of the Board or any member, officer, agent or employee of the Board, shall be produced, disclosed, or delivered by any such member, officer, agent, or employee to any person or tribunal outside the Board, whether in response to a subpena or otherwise, except as authorized by this section or with the consent of the Board. The consent of the Board to such production, disclosure, or delivery of any such document or information will not be granted, and no such document will be open to inspection by any person other than a member, officer, agent, or employee of the Board in the performance of his official duties, unless the Board finds that such production, disclosure, delivery, or opening to inspection will not be detrimental to the interest of the
person to whom the document pertains, time to time delegate such authority by or to the estate of such person. Except power of attorney. The Board has issued as otherwise ordered by the Board or such power of attorney to the General authorized by this section, any request or Counsel and to no one else. demand made by any person or tribunal, (g) Subject to the limitation exor otherwise, for any such document or pressed in paragraph (j) of this section, information shall be refused upon the disclosure of documents and information authority of this section.
is hereby authorized, in such manner as (b) When any member, officer, agent the Board may by instructions prescribe, or employee of the Board is served with a in the following cases: subpena to produce, disclose or deliver (1) To any employer, employee, appliany document described in paragraph cant or prospective applicant for an (a) of this section, or to furnish any in- annuity, pension, or death benefit under formation acquired therefrom or other- the 1937 act or the 1935 act, or his duly wise officially acquired, he shall immedi- authorized representative, as to matters ately notify the Board of the fact of the directly concerning such employer, emservice of such subpena. Unless other- ployee, applicant or prospective appliwise ordered by the Board or authorized cant in the administration of such acts. by this section, he shall appear in re- (2) To any employer, employee, applisponse to the subpena and respectfully cant or prospective applicant for benedecline to produce, disclose, or deliver fits under the Railroad Unemployment the document, or to furnish the informa- Insurance Act, or his duly authorized tion, basing his refusal upon the author- representative, as to matters directly ity of this section.
concerning such employer, employee, (c) When any document described in applicant or prospective applicant in the paragraph (a) of this section is called administration of such act. for by a subpena duces tecum or other (3) To any oficer or employee of the judicial order upon the Board for produc- United States lawfully charged with the tion, inspection, or disclosure thereof, administration of the Railroad Retireissued by a court of competent jurisdic- ment Tax Act, the Social Security Act, tion in a proceeding in which such docu- or acts or executive orders administered ment is relevant, a copy of such docu- by the Veterans Administration, and for ment, certified by the Secretary of the the purpose of such administration only. Board as a true copy, will be produced, (4) To any applicant or prospective disclosed, or delivered if such production applicant for death benefits or accrued is in the interest of the employee to whom annuities under the railroad retirement the document pertains, or is in the in- acts, or to his duly authorized repreterest of the estate of such employee, sentative, as to the amount payable as and such document does not consist of such death benefits or accrued annuities, or include a report of medical informa- and the name of the person or persons tion.
determined by the Board to be the bene(d) When pursuant to paragraph (c) ficiary, or beneficiaries, thereof, if such of this section the production, disclosure, applicant or prospective applicant puror delivery of any document described in ports to have a valid reason for believing paragraph (a) of this section is not per- himself to be, in whole or in part, the mitted, no member, officer, agent, or beneficiary thereof. employee of the Board shall make any (5) To any officer or employee of any disclosure or testify with respect to such State of the United States lawfully document.
charged with the administration of any (e) In the event the production, dis- law of such state concerning taxes imclosure, or delivery of any document de- posed by such state with respect to scribed in paragraph (a) of this section amounts payable at death, as to the is called for on behalf of the United amount of death benefits or accrued anStates or the Board, such document shall nuities payable under the railroad rebe produced, disclosed, or delivered only
tirement acts and the name of the perupon and pursuant to the advice of the son or persons to whom such amount was General Counsel of the Board.
payable. (f) No officer, agent, or employee of (6) To any officer or employee of any the Board is authorized to accept or re- state of the United States lawfully ceive service of subpenas, summons, or
charged with the administration of any other judicial process addressed to the law of such state concerning unemployBoard except as the Board may from ment compensation, as to the amounts