as a result of continued cohabitation as man and wife or a subsequent agreement of marriage, or both.

If the information described in subparagraph (1), (2) or (3) of this paragraph is not furnished on a form provided by the Board, it shall be submitted in the form of a sworn statement. [Board Order 47-141, 12 F.R. 2908, May 1, 1947, as amended by Board Order 55-89, 20 F.R. 3724, May 27, 1955]

§ 239.4 Proof of termination of prior marriage.

Where the validity of an alleged marriage depends upon the termination of a former marriage the applicant shall, when so requested by the Board submit:

(a) A certified copy of the decree dissolving such former marriage; or

(b) Proof of the death of a party to such marriage as described in § 239.2 (and in the order of priority therein described); or

(c) Other evidence of probative value. [Board Order 47-141, 12 F.R. 2908, May 1, 1947]

§ 239.5 Proof of relationship.

(a) An applicant for any benefit as the child of an individual shall submit proof of relationship as specified in this paragraph.

(1) If the relationship is by blood, one of the forms of documentary evidence described in § 239.1 (b) should be submitted (in the order of priority therein provided), showing the relationship between the parent and child in question: Provided, however, That a birth record which shows the name of the child but does not give the names of the parents and their relationship to the child may be accepted as supporting evidence of relationship if the surname of the child shown thereon is the same as that of the parent at the time of the birth of the child, and if none of the information available or furnished to the Board is inconsistent with the existence of the relationship.

If no documentary type of evidence is obtainable, the reason therefor should be stated and the applicant may submit the sworn statements of two disinterested persons showing the name of the child and the name of the parent in question, and that to their own knowledge such person is the child of such parent, and stating the source of their knowledge.

(2) If the relationship is by legal adoption, a certified copy of the decree or order of adoption shall be submitted. If such a copy cannot be obtained, or can be obtained only by order of a court, the reason should be stated and the applicant may submit proof of probative value establishing: That a final decree or order of adoption was granted by a court of competent jurisdiction; when the decree was granted; and who were named in the decree as the adopting parent or parents and the adopted child. If under the law of the place of adoption no decree or order is required to effect the adoption, there shall be submitted either a certified copy of the public record of adoption required by such law or, if no such record is required, the original document, if available, by which the adoption was effected. If the original document is not available, the reason should be stated and the applicant may submit an authentic copy thereof.

(3) If the relationship is that of stepparent and stepchild and the child is the blood child of a parent to whom such a stepparent is married, one of the forms of documentary evidence described in § 239.1 (b) should be submitted (in the order of priority therein provided), showing the relationship between the child and such blood parent: Provided, however, That a birth record which shows the name of the child but does not give the names of the parents and their relationship to the child may be accepted as supporting evidence of relationship between the child and the child's blood parent to whom the stepparent is married if the surname of the child shown thereon is the same as that of the blood parent at the time of the birth of the child, and if none of the information available or furnished to the Board is inconsistent with the existence of the relationship. If the child is the adopted child of the parent to whom such stepparent is married, proof of adoption in accordance with subparagraph (2) of this paragraph shall be submitted. Proof shall be submitted as described in § 239.3 (in the order of priority therein provided) as to the marriage of the child's blood parent (or adopting parent) and such stepparent.

If no documentary proof of relationship of the applicant to the blood parent is available, the reason therefor should be stated and the applicant may submit

the sworn statements of two disinterested persons showing the name of the child and the blood parent and that to their knowledge such person is the child of such parent, and stating the source of their knowledge.

(b) An applicant for any benefit as the parent of a deceased employee shall submit proof of relationship as specified in this paragraph.

(1) If the relationship is by blood, one of the forms of documentary evidence described in § 239.1 (c) should be submitted (in the order of priority therein provided), showing the relationship between the deceased employee and the applicant.

If no documentary type of evidence is obtainable, the reason therefor should be stated and the applicant may submit the sworn statements of two disinterested persons showing the name of the employee and the name of the applicant, and that to their own knowledge such employee was the child of such applicant, and stating the source of their knowledge.

(2) If the relationship is by legal adoption, proof of adoption in accordance with paragraph (a) (2) of this section shall be submitted.

(3) If the applicant is the stepparent of the deceased employee, proof of the marriage of such stepparent with a blood parent or adopting parent of the employee shall be submitted, as described in § 239.3 (in the order of priority therein provided), and there shall also be submitted evidence of the relationship of the employee and such blood parent (or adopting parent) as provided in subparagraphs (1) and (2) of this paragraph.

(c) Any person other than a child or parent of a deceased employee who applies for benefits because of the death of an individual shall submit such proof of relationship to such individual as, in the judgment of the Board, is sufficient to establish the alleged relationship. [Board Order 47-141, 12 F.R. 2908, May 1, 1947, as amended by Board Order 55-89, 20 F.R. 3724, May 27, 1955; Board Order 60-58, 25 F.R. 3819, Apr. 30, 1960]

§ 239.6 Proof of “living with”.

A widow or widower who applies for an insurance annuity shall file proof that she or he was living with the employee at the time of the employee's death

and a wife or husband who applies for a spouse's annuity shall file proof that she or he was living with the retirement annuitant or pensioner as of the day on which her or his application was filed. The proof shall be of the following character:

(a) A signed statement by the applicant for an insurance annuity or a spouse's annuity that at the time of the employee's death or as of the date on which spouse's application was filed, they were living together at the same place of abode. If they were temporarily living apart, the statement should state the places of residence of each at such time or date, the reason for their separation, the length of time they had been separated, and the expected duration of the separation; or

(b) A signed statement by the applicant for an insurance annuity or a spouse's annuity that the deceased employee or retirement annuitant or pensioner was making regular contributions to her or his support, and describing the amount, time or times, and manner of making such contributions; or

(c) A certified copy of an order or decree of a court of competent jurisdiction directing the employee to contribute to his wife's or her husband's support and a certification by the proper official of the court that such order had not expired or had not been vacated prior to the death of the employee or prior to the date on which spouse's application was filed.

If any information required under paragraph (a) or (b) 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.

[Board Order 55-89, 20 F. R. 3725, May 27, 1955]

§ 239.7 Proof of having the care of a child.

An applicant for a spouse's annuity who is under age 65 and an applicant for a widow's current insurance annuity shall file a signed statement as to whether she has in her care a child of the retirement annuitant or pensioner or of her deceased husband upon the basis of whose insured status she claims benefits. If such information is not furnished in the application, it shall be submitted in the form of a sworn statement. If the child is not living with the spouse or the widow, she shall also submit

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 filed:

(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

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

240.5

240.6

Eligibility of pensioner for annuity on
July 1, 1937.

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], unless otherwise noted.

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. 3819, Apr. 30, 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. 30, 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 indi vidual 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. 30, 1960]