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CHAPTER II-RAILROAD RETIREMENT BOARD
CROSS REFERENCES: Social Security Administration, Department of Health, Education, and
Welfare: See Chapter II of this title; Rules of Procedure, National Rallroad Adjustment Board: See 29 CFR, Chapter III.
SUBCHAPTER A-PROCEDURES AND FORMS
Procedures and forms.
SUBCHAPTER B-REGULATIONS UNDER THE RAILROAD RETIREMENT ACT
201 202 203 204 205 208 209 210 214 216 217 220 222 225 232 234 236 237 238 239 240 250
SUBCHAPTER C-REGULATIONS UNDER THE RAILROAD UNEMPLOYMENT
INSURANCE ACT 300 Definitions. 301 Employers under the act. 319 Procedure for determining liability for contributions or repayments of
benefits. 320 Initial determinations under the Railroad Unemployment Insurance Act
and reviews of and appeals from such determinations. 322 Remuneration. 325 Registration and claims for benefits. 327 Available for work. 330 Determination of daily benefit rates. 332 Mileage or work restrictions and stand-by or lay-over rules. 335 Sickness benefits and maternity benefits. 336 Exhaustion of rights to benefits. 340 Recovery of benefits. 345 Employers' contributions and contribution reports. 370 Miscellaneous.
SUBCHAPTER A-PROCEDURES AND FORMS
PART 200-PROCEDURES AND
FORMS Sec. 200.1 The general course and method by
which the Board's functions are
channeled and determined. 200.2 Designation of forms and instructions. 200.3 Availability of information to public.
AUTHORITY: The provisions of this part 200 Issued under sec. 10, 50 Stat. 314, as amended, sec. 12, 52 Stat. 1107, as amended; 45 U.S.C. 228), 362.
$ 200.1 The general course and meth
od by which the Board's functions
are channeled and determined. (a) Retirement and death benefits. Retirement and death benefits must be applied for by filing application therefor. (For details as to application, see Parts 210 and 237 of this chapter.) The Bureau of Retirement Claims considers the application and the evidence and information submitted with it. Wage and service
records maintained by the Board are claim for unemployment benefits need checked and if necessary, further evi only consult his recent railroad employer dence is obtained from the employee, the to be directed to the unemployment employer, fellow employees, public rec claims agent with whom he may file his ords and any other person or source claim. available. The Bureau makes a decision (2) When an employee makes his first on the application in the first instance. claim in any benefit year, he identifies An applicant dissatisfied with the Bu himself and fills out an application for reau's decision may, upon filing notice unemployment benefits (UI-1), an appliwithin 1 year from the date the decision cation for employment service (Form is mailed to the applicant, appeal to the ES-1), and a pay rate report (Form Appeals Council. There he may have an UI-1a) to be used in determining the oral hearing, of which a stenographic rate at which benefits may be paid. The record is made, submit additional evi employee is given an informational dence, be represented, and present writ booklet UB-4 and an Unemployment ten and oral argument. If dissatisfied Bulletin No. UB-3 informing him of his with the decision of the Appeals Coun responsibilities and explaining the statecil, the applicant may appeal to the ments to which he is required to certify Board itself. This appeal must be made and to which he does certify when he on a prescribed form within 4 months of registers for benefits. When the applicathe date a copy of the Appeals Council's tions and pay rate report are completed, decision was mailed to him. If new evi the unemployment claims agent sends dence is received, the Board may remand them to the nearest field office of the the case to the Appeals Council for in Board. That office inspects the applicavestigation and recommendation on the tions to detect errors and omissions and new evidence. (For details on all ap to note items requiring investigation. peals procedure, see Part 260 of this The office also attempts to verify the emchapter.) An applicant, after he has un. ployee's statement about his pay rate unsuccessfully appealed to the Board itself less the unemployment claims agent has and has thus exhausted all administra already done so. The application for untive remedies within the Board, may ob employment benefits and the pay rate tain a review of a final decision of the report are then sent to the appropriate Board by filing a petition for review, regional office of the Board. The appliwithin 1 year after the entry of the de cation for employment service is retained cision on the records of the Board and in the field ofice for use in referring the its communication to the applicant, in claimant to suitable job openings. On the United States court of appeals for the basis of the information furnished on the circuit in which the applicant re the application for unemployment benesides, or in the United States Court of fits, the regional office determines Appeals for the Seventh Circuit, or in whether the applicant is a qualified emthe United States Court of Appeals for ployee (that is, whether he earned $500 the District of Columbia Circuit.
or more from covered employment in the (b) Unemployment, sickness, and ma base year). The applicant is notified by ternity benefits. (1) Claims for unem letter if he is found to be not qualified. ployment benefits are handled by a com (3) In addition to the application prehensive organization set up in the forms and pay rate report, the claimant field. Under agreements between the executes a registration and claim for Railroad Retirement Board and covered unemployment insurance benefits (Form employers, the employers select employ UI-3). In substance, registration conees of theirs to act as unemployment sists of his appearing before an unemclaims agents. These agents perform ployment claims agent during the agent's their services, specified in the agreement, working hours and signing his name on in accordance with instructions issued by the registration and claim form for the the Board but under general supervision days he wishes to claim as days of unand control of the employer. In accord employment. Registration for any day ance with the agreements, employers are must be made on the day or not later reimbursed for such services at the rate than the sixth calendar day thereafter, of 50 cents for each claim taken by an except that, if such calendar day is not unemployment claims agent and trans a business day, the claimant may make mitted to the Board. There are some his registration on the next following 13,000 such contract claims agents. An business day. In other words, & claimunemployed person who wishes to file a ant must ordinarily appear for registra
tion at seven-day intervals. Under certain circumstances, such as illness, employment, looking for employment, etc., an employee may make a delayed registration for any day for which he is unable to register within the time limit mentioned above. The unemployment claims agent sends the claim to the nearest field office where it is inspected with a view to calling the claimant in for interview or referral to job openings, detecting errors and omissions, and noting items requiring investigation. The claim is then forwarded to the regional office.
(4) Claims for sickness benefits are handled by the field organization of the Board. An employee need not register in person for sickness benefits but claims for such benefits must be made on the forms prescribed by the Board and executed by the individual claiming benefits except that, if the Board is satisfied that an employee is so sick or injured that he cannot sign forms, the Board may accept forms executed by someone else in his behalf. Forms used in connection with claims for sickness benefits may be obtained from a railroad employer, a railway labor organization, or any Board office. An application for sickness benefits (Form SI-1a) and the required statement of sickness (Form SI-1b) may be mailed to any office of the Board (see Part 335 of this chapter). It is important that a statement of sickness be filed promptly, for no day can be considered as a day of sickness unless a statement of sickness with respect to such day is filed at an office of the Board within ten days. The application and statement of sickness are forwarded to a regional office where they are examined. If it appears that the employee is entitled to benefits, the regional office will send him a claim form covering a 14-day registration period, and a pay rate report (Form SI-10). The employee completes the forms, indicating on the claim form the days during the period he claims as days of sickness and returns both forms to the regional office to which the claim form is preaddressed. When additional medical information is needed, a form for supplemental doctor's statement is sent to the employee. This should be filled out by a doctor and returned to the Board.
(5) Maternity benefits must be applied for on a form prescribed by the Board. A statement of maternity sickness, executed by a person authorized to execute statements of sickness (see Part
335 of this chapter), is required also. The necessary forms may be obtained from a railroad employer, a railway labor organization, or any Board office. An application for maternity benefits (Form SI-101) and the statement of maternity sickness (Form SI-104) may be filed in person or by mail with any Board office. It is important that the statement of maternity sickness be filed promptly since no day can be considered as a day of sickness in a maternity period unless a statement of maternity sickness with respect to the day is filed at an office of the Board within ten days. As in the case of claims for sickness benefits, the forms are forwarded to a regional office. Claim forms are mailed to the claimant and are pre-addressed for return to the regional office.
(6) Whether benefits are payable to a claimant and, if so, the amount of benefits payable, is determined with respect to claims for unemployment, sickness, and maternity benefits, by the regional office. The names and addresses of claimants to whom benefits are found payable, and the amounts payable to them, are certified to the local disbursing office of the Treasury Department which mails the benefit checks to the claimants. If a claim is denied in whole or in part, an explanation is given to the claimant by letter.
(7) The rate at which benefits are payable is determined from the claimant's railroad wages earned in a base year period or from his daily pay rate for his last railroad employment in the base year period, whichever will result in the higher benefit rate. His daily benefit rate will be at least 60 per centum of his daily pay rate for his last railroad employment in the base year period, but not exceeding $10.20.
(8) Any qualified employee whose claim for benefits under the Railroad Unemployment Insurance Act has been denied in whole or in part may, within one year from the date such denial is communicated to him, appeal from the initial determination, and such appeal will be heard before an impartial referee. An unsuccessful claimant in an appeal before such referee may appeal to the Board. (For further details of appeals procedure by claimants for benefits and for appeals procedure by employers, see Parts 319 and 320 of this chapter.) Any claimant, or any railway labor organization organized in accordance with