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recovered. If the deduction is less than the amount of the insurance annuity, or if the actuarial reduction exceeds the -amount of the insurance annuity for a month, or if the individual specifically so requests, the deduction is made by withholding until the accumulated withholdings equal the total amount to be recovered.

(d) Relation to other provisions. (1) When deductions are to be made under this section from an inurance annuity or insurance annuities, the amounts to be deducted are measured by and are withheld from the amount of the insurance annuity, or the amounts of the insurance annuities, as reduced or increased under section 5(h) of the act (see Subpart F of this part).

(2) A deduction required under this section is made in addition to any deductions required under section 5 (i) (1) of the act (see § 237.702), and in addition to any adjustment under Part 255 of this chapter.

(e) Manner of making deductions. If more than one person is entitled to any insurance annuity or annuities, or to any lump-sum death payment, under this part, on the basis of the insured status of the same deceased employee, the deduction required under paragraph (a), (b), (c), or (d) of this section is made from the insurance annuity or annuities, or from the share of the lump sum, to which each such person is entitled, in the proportion that his insurance annuity or annuities for a month, or his share of the lump sum, bears to the total of such insurance annuities for a month, or the total of such lump sum.

In any case in which a deduction under paragraph (a), (b), (c), or (d) of this section is to be made from an insurance annuity under this part, such deduction is made in the following manner:

(1) If the individual had been receiving an insurance benefit under the Social Security Act, and ceased to be entitled thereto because of the provisions of section 5 (g) (1) of the Railroad Retirement Act, as amended, the deduction is made by withholding, to the extent hereinafter indicated, the amount designated in such paragraph (a), (b), (c), or (d) of this section, from any such insurance annuity under this part to which such individual is or becomes entitled on the basis of the insured status of the employee referred to in such paragraph. Upon determination that such a

deduction is required, there will be withheld from the insurance annuity the amount by which such insurance annuity exceeds the amount of the insurance benefit to which the individual had been so entitled under the Social Security Act; this withholding will be continued until such time as the total of the amounts thus withheld from the insurance annuity equals the amount to be deducted from such insurance annuity.

(2) If the case is not within the purview of subparagraph (1) of this paragraph, the deduction is made by withholding, to the extent hereinafter indicated, the amount designated in such paragraph (a), (b), (c), or (d) of this section, from any such insurance annuity under this part to which such individual is or becomes entitled on the basis of the insured status of the employee referred to in such paragraph. Upon determination that such a deduction is required, no such insurance annuity for any month will be paid until a total amount equal to the amount to be deducted has been withheld. If the amount to be deducted is less than the amount of any such insurance annuity for a month, the amount to be deducted will be withheld from the amount of such insurance annuity.

In any case in which a deduction under paragraph (c) or (d) of this section is to be made from lump-sum death payments under this part, such deduction is made by withholding the amount designated in such paragraph from any such lump-sum death payments to which any individual is or becomes entitled on the basis of the insured status of the employee referred to in such paragraph. Upon determination that such a deduction is required, no such lump-sum death payment will be paid until a total amount equal to the amount to be deducted has been withheld. If the amount to be deducted is less than the lump sum then payable, the amount to be deducted will be withheld from such lump sum.

(f) Relation to other provisions. When deductions are to be made under this section from an insurance annuity or insurance annuities, the amounts to be deducted are measured by and are withheld from the amount of the insurance annuity, or the amounts of the insurance annuities, as reduced or increased under section 5(h) of the act (see Subpart F of this part).

A deduction required under this section is made in addition to any deductions required under section 5(1)(1) of

the act (see § 237.702), and in addition to any adjustment under Part 255 of this chapter.

[12 F.R. 2025, Mar. 27, 1947, as amended by Board Order 60-12, 25 F.R. 1676, Feb. 26, 1960; Board Order 63-149, 28 F.R. 9526, Aug. 30, 1963]

Subpart H-Application for Insurance

Annuities and Lump Sums for Survivors

§ 237.801 Statutory provisions.

(See section 5(j) of the act, quoted in § 237.401, and the last sentence of section 5(f) (1) of the act, quoted in § 237.501.)

[Board Order 55-89, 20 F.R. 3722, May 27. 1955]

§ 237.802 Application to be filed.

No individual, irrespective of his qualifications, shall receive an annuity or lump-sum payment under this part unless, on or before the date of his death, his duly executed application upon such form as the Board may from time to time prescribe is filed with the Board. [Board Order 62-33, 27 F.R. 3323, Apr. 7, 1962]

§ 237.803 Filing date of application.

An application, filed in the manner and form prescribed in § 237.802, for any payment under this part shall be considered filed with the Board on the date it is received at an office of the Board, or the date it is delivered to a field employee of the Board specifically authorized by a regional director to receive applications in the area where delivery is made, whichever date is earlier: Provided, however, That if in the adjudication of an application for a payment under this part it is determined that the applicant died on a day observed by the Board as a non-work day and that his application was received through the mail at an office of the Board on the first business day following such nonwork day, the application shall be deemed to have been filed with the Board on such non-work day if it is established to the satisfaction of the Board that the application was mailed in sufficient time to have been received by the Board in the ordinary course of the mail on such non-work day had that day been a business day.

[Board Order 62-33, 27 F.R. 3323, Apr. 7, 1962]

§ 237.804 Signature on application form.

The application form shall be signed personally by the applicant in his usual manner: Provided, however, That if the applicant is unable to sign his name because of physical inability or illiteracy, he shall then make his mark (X) and a witness shall affix the applicant's name. In every case the signature or mark shall either be executed and authenticated in such manner as the form provided may indicate or shall be executed before and authenticated by an employee of the Board duly designated and authorized to perform such services. In the event that the signature or any written portion of the application form is, within the judgment of the Board, substantially illegible or of doubtful authenticity, or, if in the judgment of the Board there are substantial omissions in the application form, the Board may require its reexecution or correction: Provided further, That an application form that is reexecuted because the previous form was either not signed or improperly signed shall be returned and shall be received by the Board within 30 days after notice to correct such deficiency is mailed to the applicant; otherwise, the filing date of the application shall be the date on which such reexecuted application form is received by the Board.

[Board Order 62-33, 27 F.R. 3323, Apr. 7, 1962]

§ 237.805 Limitation on filing.

No application for an insurance annuity under this part filed prior to 3 months before the first month for which the applicant becomes otherwise entitled to receive such annuity shall be accepted. [12 F.R. 2026, Mar. 27, 1947]

§ 237.806 Filing of application.

(a) With Social Security Administration. (1) The claim or application of an individual filed with the Social Security Administration on or after October 1, 1946, for an insurance benefit or a lump-sum death payment under subsection (c), (d), (e), (f), or (g) of section 202 of title II of the Social Security Act, as amended August 10, 1946, based upon the death of an individual who has had service covered under the Railroad Retirement Act, as amended July 31, 1946, shall be deemed to be an application for the corresponding survivor benefit under subsection (a), (b), (c), (d), or (f) of section 5 of the Railroad Retirement Act,

and shall be deemed filed with the Board on the date as of which the Social Security Administration certifies that such application is deemed filed with that agency.

(2) Where an individual files with the Social Security Administration a written statement which indicates an intention to claim monthly benefits or a lump sum, either on his own behalf or on behalf of some other person, and notice of such intention is communicated in writing to the Board by the Social Security Administration, the Social Security Administration's record of the individual's intention shall, except where such individual or such other person otherwise indicates, be deemed an application filed with the Board on the date the Social Security Administration's record was made: Provided, however, That such individual or other person was eligible for a payment under this part at the time such record was made: Provided further, That an application on a prescribed form is also furnished to the Board.

(3) In the case of any individual who would be entitled to benefits under subsection (a), (b), (c), or (d) of section 5 of the act upon filing proper application therefor, the filing with the Administrator of Veterans' Affairs by or on behalf of such individual of an application for benefits, on the form prescribed under section 601 of the Servicemen's and Veterans' Survivor Benefits Act, shall satisfy the requirement of subsection (j) of section 5 that an application for such benefits be filed, and shall be deemed filed with the Board on the date as of which such application would be deemed filed with the Social Security Administration.

(b) At Foreign Service office. Applications from individuals residing outside the United States will be given effect as of the time they are received in a U.S. Foreign Service office. The time of filing will be shown by a date-stamp or similar evidence of receipt in the Foreign Service office. If the claims material is not sent via a foreign service office, the date received by the Board will be the filing date.

[Board Order 55-89, 20 F. R. 3723, May 27, 1955, as amended by Board Order 60-12, 25 F.R. 1676, Feb. 26, 1960; Board Order 62-33, 27 F.R. 3323, Apr. 7, 1962]

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sire to file an application for a payment under this part, but has been deterred to his detriment by action of the Board or of its employees from filing an application upon the form prescribed by the Board, such writing of the individual, if subsequently supplemented by an application duly executed upon the prescribed form, shall be considered by the Board as a proper and sufficient application within the meaning of § 237.802: Provided, however, That:

(a) The action of the Board or of its employees in deterring the individual from filing an application on the prescribed form shall have consisted of:

(1) Failure to advise the individual properly as to the necessity for filing an application on such prescribed form; or

(2) Failure to furnish the individual with the appropriate application form;

or

(3) Furnishing of correct information that under an existing ruling (which was subsequently reversed during the individual's lifetime) entitlement was precluded: And, further provided, That:

(b) The individual, upon being correctly advised by the Board as to the necessity for filing an application on the prescribed form, or as to a changed ruling affecting his entitlement, and/or upon being supplied with such prescribed form, shall file said form with the Board during his lifetime and within 3 months after the date on which such correct advice was given him and/or such form was mailed to him (whichever is the later), or within such additional time as the Board may deem reasonable. [Board Order 47-350, 12 F.R. 6359, Sept. 25, 1947]

§ 237.808 Application deemed to have been filed.

An acceptable application shall be deemed to have been filed in accordance with sections 237.802, 237.803, and 237.805 by:

(a) The widow or widower of an employee for an annuity under § 237.406, § 237.407, or § 237.408, as the case may be, and on behalf of the employee's child(ren) for an annuity under § 237.409, in the month in which the employee died: Provided, however, That the widow or widower shall have been in receipt of an annuity under Part 232 of this chapter (disregarding the application of § 232.402 thereof) in the month next preceding the month in which the employee died: Provided, further, That in the case of a

child, such child shall have been in such widow's care at the time the employee died.

(b) The widow of an employee for an annuity under § 237.406 in the month in which she attains age 60: Provided, however, That such widow shall have been in receipt of an annuity under § 237.408 (disregarding the application of § 237.702) in the month next preceding the month in which she attains age 60. [Board Order 64-153, 30 F.R. 270, Jan. 9, 1965]

§ 237.809 Application where individual is incompetent.

If an individual is a minor or is mentally incompetent, a person who is authorized to act in behalf of such individual pursuant to § 266.4 or § 266.5 of this chapter shall execute and file an application on behalf of such individual. If such individual has himself filed an application form, the person authorized to act in behalf of such individual shall execute and file another application form. When this has been done, the application filing date may be the date on which the first application form was received by the Board.

[Board Order 65-36, 30 F.R. 4061, Mar. 27, 1965]

§ 237.810 Cancellation of application.

The provisions of §§ 210.11 and 210.12 of this chapter shall be applied to an application for an insurance annuity under this part in the same manner as applied to an application for an employee annuity.

[Board Order 65-36, 30 F.R. 4061, Mar. 27, 1965]

Subpart I-Miscellaneous

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(See last sentence of section 5 (f) (1) of the act, quoted in § 237.501.)

* An annuity under this section which is not in excess of $5 may, in the discretion of the Board, be paid in a lump sum equal to its commuted value as the Board shall determine. (60 Stat. 732; 45 U. S. C. 228e)

[Board Order 55-89, 20 F. R. 3723, May 27, 1955]

§ 237.902 Act of March 7, 1942 (56 Stat. 143, 144).

(a) Provisions. The act of March 7, 1942 (56 Stat. 143, 144) is entitled "An Act to provide for continuing payment of

pay and allowances of personnel of the Army, Navy, Marine Corps, and Coast Guard, including the retired and reserve components thereof; the Coast and Geodetic Survey and the Public Health Service, and civilian employees of the executive departments, independent establishments, and agencies, during periods of absence from post of duty, and for other purposes." Section 2 of that act relates to "Any person who is in active service and is officially reported as missing, missing in action, interned in a neutral country, or captured by an enemy." Section 5 of that act provides that "Upon the expiration of 12 months from the date the person is reported as missing, or missing in action, in the absence of an official report of the death of the missing person, the head of the department concerned is authorized to make a finding of death of such person."

(b) Relation to application for lumpsum death payments. For the purposes of §§ 237.502(a) (3) and 237.503(a) (3), if the deceased employee is a person to whom section 2 of the act of March 7, 1942, is applicable, the two-year period of limitation for the filing of an application runs from the date on which he was determined, under that act, to be dead.

(c) Relation to other matters. Except as provided in paragraph (b) of this section, if the deceased employee is a person to whom section 2 of the act of March 7, 1942, is applicable, he is, for all purposes of this part, deemed to have died on the date determined pursuant to that act to be the date or presumptive date of his death, so long as it does not appear that he is in fact alive.

[12 F.R. 2027, Mar. 27, 1947, as amended by Board Order 60-12, 25 F.R. 1677, Feb. 26, 1960]

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an annuity to a survivor pursuant to an election of a joint and survivor annuity. [Board Order 55-89, 20 F. R. 3723, May 27, 1955]

§ 237.905 Proof of continuance of disability of child age 18 or over.

(a) A child age 18 or over whose entitlement to a child's insurance annuity is based, in part, on his having a permanent physical or mental condition which is such that he is unable to engage in any regular employment, which disability began before he attained age 18, shall, as and whenever notified by the Board, submit additional proof of the continuance of his disability.

(b) The Board may at any time or times, while the child is in receipt of such an annuity, require that he submit to an examination to be made by a physician, or physicians, or a board of physicians, designated by the Board.

(c) The Board may also at any time or times, while the child is in receipt of such an annuity, require that he submit information relating to his employment, including self-employment, and earnings therefrom.

(d) If, while in receipt of an annuity, such individual fails to comply with the requirements prescribed in paragraphs (a) and (b) of this section, his right to an annuity shall, except for good cause shown to the Board, cease.

[Board Order 55-89, 20 F. R. 3723, May 27, 1955]

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When awarded on or after September 6, 1958, a monthly insurance annuity that is not a multiple of $0.10 shall be rounded to the next higher multiple of $0.10.

[Board Order 60-12, 25 F.R. 1677, Feb. 26, 1960]

§ 237.907 Effect of felonious homicide.

An individual who has been finally convicted by any court of competent jurisdiction of the felonious homicide of an employee shall not be entitled to any benefits under the act by reason of the death of such employee, and shall be considered non-existent in determining the entitlement of others to benefits based on the earnings of such employee. [Board Order 60-12, 25 F.R. 1677, Feb. 26, 1960]

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Whenever it shall appear, with respect to the death of an employee on or after January 1, 1947, that no benefits, or no further benefits, other than benefits payable to a widow, widower, or parent upon attaining age sixty at a future date, will be payable under this section or, pursuant to subsection (k) of this section, upon attaining [the] age • [of eligibility] at a future date, will be payable under title II of the Social Security Act, as amended, there shall be paid to such person or persons as the deceased employee may have designated by a writing filed with the Board prior to his or her death, or if there be no designation, to the following person (or, if more than one, in equal shares to the persons) whose relationship to the deceased employee will have been determined by the Board and who will not have died before receiving payment of the lump sum in provided for this paragraph:

(1) The widow or widower of the deceased employee who was living with such employee at the time of such employee's death;

or

(ii) If there be no such widow or widower, to any child or children of such employee; or (iii) If there be no such widow, widower, or child, to any grandchild or grandchildren of such employee; or

(iv) If there be no such widow, widower, child, or grandchild, to any parent or parents of such employee; or

(v) If there be no such widow, widower, child, grandchild, or parent, to any brother or sister of such employee; or

(vi) If there be no such widow, widower, child, grandchild, parent, brother, or sister, to the estate of such employee, a lump sum in an amount equal to the sum of 4 per centum of his or her compensation paid after December 31, 1936, and prior to Janu

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