employee or pension status of any individual, (3) the amount and creditability of service and compensation, or (4) any other matter arising in or necessary for the administration of the Railroad Retirement Acts of 1935 or 1937, the Board may require any individual, person or company to furnish or submit, in such form and at such times as the Board may require, any information, records, contracts, documents, reports or other material within their possession or control, that, in the judgment of the Board, may have any bearing upon such matter or inquiry.

(b) Information concerning change of status. It shall be the duty of each employer promptly to notify the Board of the occurrence of any event, incident, or change in the operations, ownership or control of the employer which affects its status as an employer, under the Railroad Retirement Acts or the Railroad Unemployment Insurance Act; or of any change in the ownership or control by the employer in any company which would affect the status of such company as an employer under the Railroad Retirement Acts or the Railroad Unemployment Insurance Act, or of the acquisition of ownership or control by the employer of any company which would give such company a status as an employer under said acts. The notice should contain a description of the event, incident, or change, the date or dates thereof, the number and general description of employees thereby affected, and such other data as may be necessary to advise the Board fully of the effect of the particular change.

[4 F.R. 1495 Apr. 7, 1939, as amended by Board Order 40-197, 5 F.R. 1468, Apr. 20, 1940] § 250.2 Employer to notify of death of employee.

Each employer shall notify the Board of the death of any employee who has, prior to his death, performed service for compensation which has not been reported to the Board under § 250.3. Such notice and any information which the Board may require in connection therewith shall be submitted, on the form provided by the Board for that purpose, within 30 days following the receipt by the employer of notice of such death.

[Board Order 63-103, 28 F.R. 6266, June 19, 1963]

§ 250.3 Employers' reports of compensation of employees.

(a) Each employer shall, in accordance with instructions issued by the Director of Data Processing and Accounts, file with the Board (1) on or before the last day of each month, a report of the compensation adjustments appearing on payrolls or other disbursement documents for the month immediately preceding such month, (2) on or before the last day of the month immediately following the end of each calendar quarter, a summary of compensation adjustments reported for the quarter, and (3) on or before the last day of the second month immediately following the end of each calendar year:

(i) A report of the compensation paid to each employee for the calendar year, showing with respect to each employee his name, his account number, and, except in the case of an employee of a railway-labor-organization employer, his occupational class under the appropriate Interstate Commerce Commission occupational classification as supplemented or varied for this purpose by instructions issued by the Director of Data Processing and Accounts and approved in this respect by the Director of Research.

(ii) A summary report of the compensation of the employees for the period covered by the report.

If such last day of the month is a Sunday or legal holiday, the report may be filed on the next following business day. If placed in the mails, the report shall be posted in ample time to reach the office of the Board at Chicago, Ill., under ordinary handling of the mails, on or before the date on which the report is required to be filed. Authorization to file reports on dates later than prescribed in this section may be granted by the Director of the Bureau of Data Processing and Accounts.

(b) An employer having intermittent or seasonal payrolls shall file a summary report of compensation for each year in which no payroll was maintained and shall show "Nil" in the space provided for reporting the compensation.

(c) Upon termination of employer status as determined under §§ 202.11 and 202.12 of this chapter, a final report of compensation of employees shall be submitted.

The summary report of compensation shall be marked "Final Compensation Report," and the period covered by the report shall be indicated.

Such report shall be filed with the Board on or before the last day of the month following the final month for which there was compensated service.

(Sec. 8, 50 Stat. 313, as amended; 45 U.S.C. 228h) [Board Order 47-1, 12 FR. 470, Jan. 23, 1947, as amended by Board Order 66-123, 31 F.R. 15238, Dec. 6, 1966; Board Order 6767, 32 F.R. 9064, June 27, 1967]

§ 250.4 Registration of employees.

(a) Each employer shall require each employee who cannot furnish satisfactory evidence of having previously filed an employee registration form provided by the Board to execute such form, and shall complete and file such form with the Board by whichever is the earlier of (1) 30 days after the date on which such employee first performed compensated service for such employer, or (2) 30 days before the date upon which such employer first files with the Board a report of the service and compensation of such employee.

(b) Each employer shall furnish the Board with such notice of multiple account numbers and corrections in identifying data as may be required by instructions issued by the Director of Data Processing and accounts.

[Board Order 06-123, 31 F.R. 15238, Dec. 6, 1966, and Board Order 67-67, 32 F.R. 9065, June 27, 1967]

§ 250.5 Employers to transmit annual statements of compensation.

Each employer shall transmit to each of its employees an annual statement, prepared by the Board and forwarded to such employer, of the service months and compensation credited to such employee on the records of the Board. Such statements shall be transmitted to the employees within 30 days of the date on which they are forwarded by the Board to the employer: Provided, however, That statements which cannot be transmitted to the employees within such 30 days shall be held for a further 30 days and be returned to the Board at the end of 60 days.

[Board Order 41-435, 6 F.R. 5306, Oct. 18, 1941]

§ 250.6 Reports of employee representatives.

An initial report setting forth the facts upon which he bases his status as an employee representative will be required of an individual claiming such a status. If the facts establish to the satisfaction of the Board that the individual claiming such status is an

To such extent as may be necessary to determine (a) the employee or pension status of any individual or group of individuals, (b) the employer status of any company or person, and (c) any other matter arising in or necessary for the administration of the Railroad Retirement Acts of 1935 and 1937, the Board may itself or through a member or a designated subordinate or subordinates, require and compel the attendance of witnesses and the production of records and documents, administer oaths, take testimony, make all pertinent investigations and findings of fact and render decisions upon such findings.

§ 250.8 Witnesses.

(a) In any hearing before the Board, a member thereof, or a designated subordinate or subordinates, or the Appeals Council or a member thereof, witnesses may be summoned to appear and give testimony.

(b) Designation by the Board of any person or persons to preside at and conduct such hearings shall constitute a delegation of authority to such person or persons to require and compel the attendance of witnesses, to administer oaths, and to take testimony.

§ 250.9 Application for witnesses.

The Board, a member thereof, or a designated subordinate or subordinates, or the Appeals Council or a member thereof conducting a hearing may upon its or their own motion or upon application of any party to such hearing issue a subpena for a witness or witnesses. The application shall be by affidavit filed with the body or person conducting the hearing within such period of time as will permit service and return of a subpena prior to the date set for the hearing at which the witness is to appear but in no case shall such application be filed later than 10 days prior to the date of hearing. The application shall set forth

(a) The name of the witness.
(b) His address.

(c) The title of the matter to be heard, i. e., names of parties.

(d) The issue to which the testimony of the witness will be directed.

(e) The substance of the testimony which such witness is expected to give or the facts to which such witness will testify.

(f) The books, papers or documents which are requested, if a subpena duces tecum is applied for.

In addition to the above the party filing such application shall, at the time of filing, deposit therewith a sum of money sufficient to cover the fees and mileage of the witness, or in lieu thereof, shall state in the application that satisfactory arrangements have been made with the witness for the direct payment of his fees and mileage and any other allowable expense.

§ 250.10 Petition for summoning recalcitrant witnesses.

(a) In connection with any hearing a party thereto may petition the Board, a member thereof, or a designated subordinate or subordinates, or the Appeals Council or a member thereof to subpena, upon its or their own motion, a witness or witnesses. The petition shall be in writing under oath and be filed with the body or person conducting the hearing within the time limit prescribed for an application for subpena, shall set forth the same information required in an application for subpena and in addition thereto shall show (1) that the person or persons named therein as witnesses will not appear voluntarily and (2) that a failure of such person or persons to appear and testify will operate to prejudice substantive rights of the petitioner.

(b) The body or person designated to conduct the hearing shall upon receipt of the petition determine whether the fact to which it is alleged the witness will testify or the testimony which it is alleged the witness will give is material and relevant and if such body or person finds that such fact or testimony is material and relevant it or he shall either subpena such witness upon its or his own motion or by agreement of all parties to the hearing, except the petitioner, shall stipulate and agree in the record that such witness would testify as alleged in the petition or (if the petition be for the production of books, papers or documents) that the records requested would appear as alleged. The body or person

shall also have the power to deny any part of a petition which in its or his judgment is not material or relevant to the issues to be heard. If, in the judgment of the body or person designated to conduct the hearing the testimony which it is alleged the witness will give is merely cumulative, or immaterial or irrelevant the petition may be denied. § 250.11 Service of subpenas.

Service of subpenas issued under § 250.8 shall be made by any individual designated by the Board. Such individual shall deliver to the person or persons named therein a copy of the subpena and at that time tender to the person or persons the fees for one day's attendance and the mileage allowed by law, Provided, however, That if the witness or witnesses be summoned to appear upon motion of the body or person designated to conduct the hearing no fees or mileage need be tendered. Fees and mileage allowed shall be in the same amount as is allowed to witnesses in the courts of the United States.

ances a free transcript of the record of the proceedings had before the examiner. In the event that more than two parties have appeared at the hearing, the examiner shall make available as many copies of the transcript as there are different positions represented by requiring each group of parties representing the same position to designate the person or office to whom their one free copy shall be mailed. Thereafter, the examiner shall give all parties participating in the hearing the opportunity for presentation to him of argument upon both law and facts. Upon conclusion of the proceedings before him, the examiner shall prepare an examiner's report, which, together with the record of the proceedings before him shall be submitted to the Board. The report shall set forth the examiner's findings of fact, conclusions of law, and recommendations as to decision. The report may also contain such discussion of the question raised, both legal and factual, as the examiner may desire to present to the Board.

(b) A copy of the examiner's report shall be served by the examiner upon each party participating in the hearing by mailing such copy to him at the address stated in his appearance.

(c) Each party shall within 20 days (exclusive of Sundays and legal holidays in the District of Columbia) after the date of mailing to him of the examiner's report, file with the Board and serve upon other parties by mailing to their addresses as stated in their appearances such exceptions in writing as he desires to make to the examiner's findings of fact and conclusions of law. Each exception shall specifically designate the particular findings of fact or conclusion of law to which objection is taken, and shall set forth in detail the grounds of the objection. General exceptions and exceptions not specifically directed to particular findings of fact or conclusions of law will not be considered by the Board. Exceptions to findings of fact shall make specific reference by page numbers to those portions of the record upon which reliance is placed.

(d) Each party shall have 10 days after receipt of exceptions taken by other parties in which to file with the Board replies to the exceptions. Replies to exceptions to findings of fact shall make specific reference by page numbers to those portions of the record upon which reliance is placed.

(e) The Board may upon the application of a party and for cause shown extend the time for filing and serving of exceptions or filing of replies thereto.

(f) The Board will render its decision upon the record, the examiner's report, and such exceptions and replies thereto as are made. Where the record is voluminous (more than 100 pages including exhibits) the Board will consider only such points of law and fact as are specifically raised by the exceptions and such other points, if any, which it deems necessary for decision; and will examine only those portions of the record to which its attention is specifically directed, and such other portions of the record, if any, as the Board deems necessary.

(g) The examiner's report shall be advisory only and the Board may, in any case, exercise its right to reject or adopt the examiner's report in whole or in part or adopt such report with modifications. The examiner's report, while advisory, shall nevertheless be presumed to be correct. Findings of fact to which no exceptions are taken will, subject only to the power of the Board upon its own consideration to reject or modify, stand confirmed.

(h) The decision of the Board shall be communicated to the parties participating in the hearing within 30 days of the date upon which the decision of the Board is entered upon its records. § 250.16

Board decisions and opinions and dissenting opinions.

The following regulation shall apply to all decisions of the Board except decisions relating to matters of internal administration:

A decision made by at least two members of the Board shall constitute the decision of the Board. The decision of the Board shall be stated in a written opinion filed in the record of the proceedings. Such opinion shall set forth the reasons for the decision, either in full, or by reference to previous decisions of the Board, or by adoption of the reasons stated in the decision or recommendation of a subordinate or subordinate body of the Board. Any decision of the Board made by two members shall constitute the unanimous decision of the Board, unless within 10 days of the filing of the Board decision, a third member of the Board shall file a minority opinion setting forth his dissent and the reasons for his disagreement with the decision and opinion of the Board.

Sec.

255.1

255.2

255.3

255.4

255.5

255.6 255.7

255.8

255.9

Recovery by deduction in computation of death benefit under 1937 act.

Recovery by adjustment in connection with subsequent payments. Effect of adjustment in connection with subsequent payments. 255.10 Waiver of recovery.

255.11 Waiver of methods of recovery. 255.12 Waiver not a matter of right; factors considered.

255.13 Compromise of erroneous payments. 255.14 Factors due to be considered in a compromise.

255.15 Suspension or termination of collection action.

AUTHORITY: The provisions of this Part 255 issued under secs. 9, 10, 50 Stat. 314, as amended; 45 U.S.C. 2281, 228j.

NOTE: The Board may require reimbursement for annuity or pension payments made on basis of erroneous or fraudulent information (see § 240.6 (e)).

§ 255.1 Statutory provisions.

(a) If the Board finds that at any time more than the correct amount of annuities, pensions, or death benefits has been paid to any individual under this Act or the Railroad Retirement Act of 1935 or a payment has been made to an individual not entitled thereto (including payments made prior to July 1, 1940), recovery by adjustments in subsequent payments to which such individual or, on the basis of the same compensation, any other individual, is entitled under this Act or any other Act administered by the Board may, except as otherwise provided in this section, be made under regulations prescribed by the Board. If the individual to whom more than the correct amount has been paid dies before recovery is completed, recovery may be made by setoff or adjustments, under regulations prescribed by the Board, in subsequent payments due, under this Act or any other Act administered by the Board, to the estate, designee, next of kin, legal representative, or surviving spouse of such individual, with respect to the employment of such individual.

(b) Adjustments under this section may be made either by deductions from subsequent payments or, with respect to payments which are to be made during a lifetime or lifetimes, by subtracting the total amount of annuities, pensions, or death benefits paid in excess of the proper amount from the

actuarial value, as determined by the Board, of such payments to be made during a lifetime or lifetimes and recertifying such payments on the basis of the reduced actuarial value. In the latter case, recovery shall be deemed to have been completed upon such recertification.

(c) There shall be no recovery in any case in which more than the correct amount of annuities, pensions, or death benefits under this Act or the Railroad Retirement Act of 1935 has been paid to an individual or payment has been made to an individual not entitled thereto (including payments made prior to July 1, 1940) who, in the judgment of the Board, is without fault when, in the judgment of the Board, recovery would be contrary to the purpose of the Acts or would be against equity or good conscience.

(d) No certifying or disbursing officer shall be held liable for any amount certified or paid by him in good faith to any person where the recovery of such amount is waived under subsection (c) of this section or has been begun but cannot be completed under subsection (a) of this section. (50 Stat. 314, as amended; 45 U. S. C. 2281)

(e) Section 3, Public Law 89-508, 80 Stat. 308, provides:

(a) The head of an agency or his designee, pursuant to regulations prescribed by him and in conformity with such standards as may be promulgated jointly by the Attorney General and the Comptroller General, shall attempt collection of all claims of the United States for money or property arising out of the activities of, or referred to, his agency.

(b) With respect to such claims of the United States that have not been referred to another agency, including the General Accounting Office, for further collection action and that do not exceed $20,000, exclusive of interest, the head of an agency or his designee, pursuant to regulations prescribed by him and in conformity with such standards as may be promulgated jointly by the Attorney General and the Comptroller General, may (1) compromise any such claim, or (2) cause collection action on any such claim to be terminated or suspended where it appears that no person liable on the claim has the present or prospective financial ability to pay any significant sum thereon or that the cost of collecting the claim is likely to exceed the amount of recovery. The Comptroller General or his designee shall have the foregoing authority with respect to claims referred to the General Accounting Office by another agency for further collection action. The head of an agency or his designee shall not exercise the foregoing authority with respect to a claim as to which there is an indication of fraud, the presentation of a false claim, or misrepresentation on the part of the debtor or any other party having an interest in the claim, or a claim based in whole or in part on conduct in violation of the antitrust laws; nor shall the