§ 210.8

When an application is considered fully exhausted.

(a) An application for an annuity shall be considered fully exhausted on the date of notice of the initial decision denying the applicant's claim if the notice of decision was dated after September 7, 1961, and was not appealed as prescribed in Part 260 of this chapter. If a timely appeal is taken from such an initial decision, the annuity application shall be considered fully exhausted on the date of notice of the decision of the Appeals Council unless a timely appeal from that decision is filed with the Board. Where such an appeal is filed, the annuity application shall be considered fully exhausted on the date of notice of the decision of the Board.

(b) After an application is considered fully exhausted, the individual shall be entitled to receive an annuity only upon the filing of a new application in the manner and form prescribed in this part.

[26 F.R. 9071, Sept. 27, 1961]

§ 210.10 Alteration of application.

An application filed with the Board cannot be changed or altered in any respect except by the applicant or by his duly authorized agent or guardian, conservator or committee. The authority of an agent or guardian, conservator or committee to change or alter an application shall be evidenced in such manner and to the extent required by the Board. [4 F.R. 1486, Apr. 7, 1939]

§ 210.11 Cancellation of an application.

An individual (or a person who is authorized to act in his behalf pursuant to § 266.4 or § 266.5 of this chapter) may cancel his previously filed application under the following conditions:

(2)

(a) Before the annuity is awarded. An application may be canceled before the annuity is awarded if (1) he files a written request for cancellation, such individual is alive at the time the request for cancellation is filed, and (3) the request for cancellation is filed on or before the date the annuity is awarded.

(b) After the annuity is awarded. An application may be canceled after the date the annuity is awarded if (1) the conditions enumerated in subparagraphs (1) and (2) of paragraph (a) of this section are met, (2) any other person whose entitlement would be rendered erroneous by such cancellation consents in writing thereto, and (3) there is repay

ment of the annuity or annuities previously paid because of such application. Recoupment of the annuity or annuities previously paid may be effected by one or more of the methods described in §§ 255.5, 255.6, and 255.8 of this chapter. [Board Order 65-36, 30 F.R. 4061, Mar. 27, 1965]

§ 210.12 Effect of cancellation.

The effect of the cancellation of an individual's application shall be the same as though he had not filed an application, and in the event of his death there are no greater rights than if he had never filed. The individual whose application has been canceled may reapply by filing a new application with the Board. [Board Order 62-33, 27 F.R. 3322, Apr. 7, 1962]

§ 210.13 Applicant's file to be confidential.

(See § 262.16.)

[4 F.R. 1486, Apr. 7, 1939]

PART 214-ANNUITY BEGINNING

Sec. 214.1

214.2

214.3

214.4

214.5

214.6

214.7

214.8

214.10

Beginning date following cancellation of application.

Effect of service performed through or after designated beginning date. Applicant's general right to change date.

Cessation of service to a local lodge or division.

AUTHORITY: The provisions of this Part 214 issued under sec. 10, 50 Stat. 314, as amended; 45 U.S.C. 228].

§ 214.1 Statutory provisions.

An annuity shall begin to accrue as of a date to be specified in a written application (to be made in such manner and form as may be prescribed by the Board and to be signed by the individual entitled thereto), but

(1) Not before the date following the last day of compensated service of the applicant, and

(2) Not more than twelve months before the filing of the application. (Section 2 (c), 50 Stat. 310, as amended; 45 U. S. C. 228b.)

Any individual who, prior to the date of the enactment of this Act, relinquished all rights to return to the service of a carrier

as defined in the Railroad Retirement Act of 1935 or ceased to be an employee representative as defined in such Act, and who is not eligible for an annuity under that Act but who would have been eligible for an annuity under the Railroad Retirement Act of 1937 had such Act been in force from and after August 29, 1935, shall have his right to an annuity adjudicated under the Railroad Retirement Act of 1937: Provided, however, That no such annuity shall begin prior to the date of the enactment of this Act. (Section 203, 50 Stat. 318; 45 U. S. C.

215 Note.)

[Board Order 55-89, 20 F. R. 3708, May 27, 1955]

§ 214.2 Annuity beginning date.

(a) An annuity shall begin to accrue as of the date specified in the application: Provided, however, That such date is not earlier than that permitted by the provisions of the act quoted in § 214.1, nor prior to the date upon which the applicant attains eligibility for an annuity.

(b) The filing of an application in accordance with the proviso in § 210.2 (a) of this chapter shall be the specification as an annuity beginning date of the date following the last day of compensated service, or of the date on which the applicant attains eligibility for an annuity, or of the date twelve months before the filing date, whichever date is the latest: Provided, however, That where such date falls on the thirty-first day of any month the annuity shall begin to accrue on the first day of the following month, and that where an application is filed on February 28 or 29 the annuity may begin as early as February 28 of the preceding year.

[Board Order 60-7, 25 F.R. 865, Feb. 2, 1960] § 214.3 Beginning date in month of applicant's sixtieth, sixty-second, sixty-fifth birthday.

or

When an individual is not eligible for an annuity until the attainment of age 60, 62, or 65, the annuity cannot begin to accrue before the day on which the required age is attained, except that an individual who is eligible for the annuity described in § 208.7(a) (2) of this chapter in the same month in which he attains age 65 may have his annuity begin without reduction as of the first day of such month.

[Board Order 60-7, 25 F.R. 865, Feb. 2, 1960] § 214.4 Clarification of beginning date.

In any case wherein an applicant has made an unintelligible designation

of the beginning date of his annuity, he shall be notified of the earliest beginning date permitted by law. Non-action in response to the notification from the Board of the earliest permissible beginning date for a period of 30 days after the date of the notification shall operate to designate the earliest permissible date specified in such notification.

[Board Order 55-89, 20 F. R. 3708, May 27, 1955]

§ 214.5 Effect of death.

If the applicant dies before a beginning date has been designated, or prior to the date upon which his annuity would have begun to accrue, no annuity shall accrue and any election of a joint and survivor annuity shall be inoperative.

[4 F.R. 1486, Apr. 7, 1989]

§ 214.6 Beginning date following cancellation of application.

In the event an annuity beginning date is designated and, because of a cancellation of the application, such date becomes ineffective, the annuity thereafter cannot begin to accrue earlier than twelve months before the filing date of a new application, nor until the date following the last day of compensated service, whichever date is later: Provided, however, That the applicant may, in filing a new application, designate a later date.

[Board Order 62-33, 27 FR. 3322, Apr. 7, 1962]

§ 214.7 Effect of service performed through or after designated beginning date.

(a) By individuals whose eligibility is not based upon disability. If such an individual renders compensated service to any person, whether or not an employer, through, or within 6 months after, the designated beginning date but prior to relinquishment of rights in accordance with Part 216 of this chapter, his annuity cannot begin to accrue earlier than the date following the last date of such compensated service. If the individual renders such compensated service after having relinquished rights in accordance with Part 216 of this chapter the beginning date of the annuity shall not be affected but no annuity shall be payable with respect to any month in which such service is performed if it is within the terms of Part 217 of this chapter.

(b) Individuals whose eligibility is based upon permanent disability for regular employment. (1) If such an individual renders compensated service to any person, whether or not an employer, through or after the designated beginning date, such fact must be reconciled with the claim of permanent disability for any regular and gainful employment before eligibility for such a disability annuity is established. Where, however, it is shown that the individual, notwithstanding his rendition of compensated service is disabled, the following shall apply:

(2) If all the individual's compensated service ended before the filing date of his annuity application or if the individual's compensated service continued through such filing date, the annuity cannot begin to accrue earlier than the date following the last day of such compensated service: Provided, however, That if the individual relinquished rights to all compensated service before the filing date of his application, his annuity may begin to accrue as early as the day after that on which he ceased such service. (For the effect of a return to service after accrual, see Part 217 of this chapter.)

(c) An individual whose eligibility is based upon permanent disability for work in his regular occupation. (1) If an individual renders compensated service through or after the designated beginning date to any person, whether or not an employer, in his regular occupation or in any occupation for which the same occupational disability standards have been established, such fact must be reconciled with the claim of permanent disability for work in his regular occupation. Where, however, it is shown that an individual, notwithstanding his rendition of compensated service in any occupation, is permanently disabled for work in his regular occupation the following shall apply:

(2) If all the individual's compensated service to any person, whether or not an employer, ended before the filing date of his annuity application or if the individual's compensated service to any person, whether or not an employer, continued through such filing date, the annuity cannot begin to accrue earlier than the date following the last day of compensated service to any such person: Provided, however, That if the individual relinquished rights to all compensated service before the filing date of his application. his annuity may begin to ac

crue as early as the day after that on which he ceased such service. (For the effect of a return to service after accrual, see Part 217 of this chapter.)

[12 F.R. 1136, Feb. 19, 1947, as amended at 12 F.R. 5610, Aug. 21, 1947; Board Order 60–7, 25 F.R. 865, Feb. 2, 1960]

§ 214.8

Applicant's general right to change date.

In any case where a change of beginning date is not inconsistent with other provisions of the act or the regulations in this chapter, the applicant shall have the right, prior to the date upon which his claim is certified for payment, to change the annuity beginning date: Provided, however, That no such change shall be effective unless and until a request or designation in writing signed by the applicant is received by the Board on or before the date of his death.

[4 F.R. 1487, Apr. 7, 1939]

§ 214.10 Cessation of service to a local lodge or division.

In determining whether an individual has ceased to render compensated service to a local lodge or division of a railway-labor-organization employer the

Board shall not consider as a day of compensated service any day in any month with respect to which month the individual earned compensation that is required to be disregarded within the provisions of § 222.3(f) of this chapter. [Board Order 40-742, 6 F.R. 298, Jan. 14, 1941]

PART 216-RELINQUISHMENT OF RIGHTS

Sec.

216.1 216.2

Statutory provisions.

Relinquishment of rights as condition for payment.

216.3 Relinquishment of rights in case of disability annuity.

216.4 What constitutes relinquishment of rights.

AUTHORITY: The provisions of this Part 216 issued under secs. 2, 10, 50 Stat. 309, as amended, 314, as amended; 45 U.S.C. 228b, 2281.

§ 216.1 Statutory provisions.

An annuity shall be paid only if the applicant shall have relinquished such rights as he may have to return to the service of an employer and of the person by whom he was last employed; but this requirement shall not apply to the individuals mentioned in sub

division 4 and subdivision 5 of subsection (a) prior to attaining age sixty-five. [12 F.R. 1137, Feb. 19, 1947]

§ 216.2 Relinquishment of rights as condition for payment.

No annuity other than a disability annuity shall be certified for payment until the applicant has established in accordance with this part that he has relinquished all rights which he may have had to return to the service of (a) any employer; and (b) the person, whether or not an employer, by whom he was most recently employed when the annuity began to accrue; and (c) any person with whom he holds, at the time the annuity begins to accrue, any rights to return to service; and (d) any person with whom he ceased service in order to have his annuity begin to accrue.

[4 F.R. 1487, Apr. 7, 1939]

216.3

Relinquishment of rights in case

of disability annuity.

In the case of an individual whose eligibility for an annuity is based upon permanent disability for any regular and gainful employment or upon permanent disability for work in his regular occupation, an annuity is payable prior to age 65 even though he retains rights to return to service until age 65: Provided, however, That such individual shall upon attainment of age 65 establish that he has in accordance with this part relinquished in the manner and to the extent required in the case of an age annuity any rights which he may have to return to service; otherwise payment of his annuity shall not be made for any calendar month in which he becomes or is 65 years of age or over until such individual so relinquishes such rights. [12 F.R. 1137, Feb. 19, 1947]

§ 216.4 What constitutes relinquishment of rights.

An individual shall be deemed to have relinquished his rights to return to the service of any employer, whether or not under the act, whenever it is established to the satisfaction of the Board:

(a) That the records of such employer evidence that, because of some action taken by the employer, all rights which the individual may have had no longer exist; or

(b) That such individual has by a written or oral notice communicated to the employer a clear and unambiguous

intention thereby to terminate any and all rights to return to the service of such employer (such relinquishment of rights shall be presumed to have occurred whenever such individual has certified to the Board that he has relinquished his rights to return to service, the employer has been notified by the Board of such certification, and the employer has expressly confirmed such certification or has failed to reply within ten days following the mailing of the notification);

or

(c) That there has been communicated to the employer by a duly authorized agent of the individual a clear and unambiguous intention on the part of the individual thereby to terminate any and all rights to return to the service of such employer; or

(d) That the individual has died; or

(e) That some events have occurred which under the established rules or practices in effect on the employer automatically terminate all rights to return to service; or

(f) That some cognizable action has been taken by the individual or his employer or by both which when considered in the light of the facts and circumstances of the particular case clearly and unambiguously manifest a termination of all rights to return to service; or

(g) That the individual has permanently ceased service in the event no rights to return to the position exist.

[4 F.R. 1487, Apr. 7, 1939, as amended by Board Order 60-7, 25 F.R. 865, Feb. 2, 1960]

Sec. 217.1 217.2

217.3

217.4 217.5

Statutory provisions.

Loss of annuity for month in which compensated service is rendered. Loss of disability annuity because of earnings and penalties.

Limit of loss of disability annuity

because of earnings and penalties. Exception concerning service to a local lodge or division.

AUTHORITY: The provisions of this Part 217 issued under secs. 2, 10, 50 Stat. 309, as amended, 314, as amended; 45 U.S.C. 228b, 2281.

§ 217.1 Statutory provisions.

No annuity shall be paid with respect to any month in which an individual in receipt of an annuity hereunder shall render compensated service to an employer or to the last person by whom he was employed

prior to the date on which the annuity began to accrue. Individuals receiving annuities shall report to the Board immediately all such compensated service. No annuity under paragraph 4 or 5 of subsection (a) of this section shall be paid to an individual with respect to any month in which the individual is under age sixty-five and is paid more than $100 in earnings from employment or self-employment of any form: Provided, That for purposes of this paragraph, if a payment in any one calendar month is for accruals in more than one calendar month, such payment shall be deemed to have been paid in each of the months in which accrued to the extent accrued in such month. Any such individual under the age of sixty-five shall report to the Board any such payment of earnings for such employment or self-employment before receipt and acceptance of an annuity for the second month following the month of such payment. A deduction shall be imposed, with respect to any such individual who fails to make such report, in the annuity or annuities otherwise due the individual, in an amount equal to the amount of the annuity for each month in which he is paid such earnings in such employment or self-employment, except that the first deduction imposed pursuant to this sentence shall in

no

case exceed an amount equal to the amount of the annuity otherwise due for the first month with respect to which the deduction is imposed. If pursuant to the third sentence of this subsection an annuity was not paid to an individual with respect to one or more months in any calendar year, and it is subsequently established that the total amount of such individual's earnings during such year as determined in accordance with that sentence (but exclusive of earnings for services described in the first sentence of this subsection) did not exceed $1,200, the annuity with respect to such month or months, and any deduction imposed by reason of the failure to report earnings for such month or months under the fifth sentence of this subsection, shall then be payable. If the total amount of such individual's earnings during such year (exclusive of earnings for services described in the first sentence of this subsection) is in excess of $1,200, the number of months in such year with respect to which an annuity is not payable by reason of such third and fifth sentences shall not exceed one month for each $100 of such excess, treating the last $50 or more of such excess as $100; and if the amount of the annuity has changed during such year, any payments of annuity which become payable solely by reason of the limitation contained in this sentence shall be made first with respect to the month or months for which the annuity is larger. (Section 2(d) of the act.)

[Board Order 60-2, 25 F.R. 593, Jan. 23, 1960]

§ 217.2 Loss of annuity for month in which compensated service is rendered.

If an individual in receipt of an annuity renders compensated service, he shall not be paid an annuity with respect to any month in which such service is rendered to:

(a) An employer;

(b) Any person whether or not an employer by whom he was most recently employed when his annuity begins to accrue;

(c) Any person with whom he held, at the time the annuity begins to accrue, any rights to return to service;

(d) Any person with whom he ceased service in order to have his annuity begin to accrue.

[Board Order 60-2, 25 F.R. 593, Jan. 23, 1960; 25 F.R. 1074, Feb. 6, 1960]

§ 217.3 Loss of disability annuity because of earnings and penalties.

(a) The annuity of an individual based upon either the disability described in § 208.7(a) (3) or (4) of this chapter shall not be paid with respect to any month in which the individual is under age 65 and earns more than $100 in employment or self-employment of any form. Any such individual under the age of 65 shall report to the Board any such earnings from employment or selfemployment before receipt and acceptance of an annuity for the second month following the month of such payment.

(b) If such report is not made in accordance with paragraph (a) of this section, a deduction equal to one month's annuity shall be imposed as a penalty for a first failure to report as required. For any subsequent failure, a penalty deduction shall be equal to the individual's annuity for the months in which he had excess earnings and for which his report was not timely.

[Board Order 60-2, 25 F.R. 593, Jan. 23, 1960] § 217.4 Limit of loss of disability annuity because of earnings and penalties.

(a) If an individual in receipt of a disability annuity has earnings of not more than $1,200 in a calendar year after 1958 (exclusive of earnings from an employer and from the person by whom he was last employed), his annuities, if any, withheld during such year because of excess earnings or as penalties for failure to make timely report shall