§ 262.7 Waiver of annuity or pension payments.

(a) Any individual who has been awarded an annuity or pension under the act shall have the right to waive such annuity or pension in whole or in part by filing with the Board either a statement to that effect signed by him or a duly executed waiver form prescribed by the Board.

(b) Such a waiver shall be effective as of the date specified therein, but not before September 1, 1954: Provided, however, That if an annuity or pension has been awarded, a waiver shall not be effective before the first day of the month in which the waiver form is received at an office of the Board.

(c) Covering the period during which a waiver is in effect, no payment of the amount of the annuity or pension waived can ever be made to any person. Such waiver in such period shall not, however, have any effect on the amount of a spouse's annuity otherwise payable or on a lump sum under section 5 (f) (2) of the act otherwise due, nor shall it serve to make such individual eligible for a lump-sum death benefit or any insurance benefits under the Social Security Act on the basis of the wages of the same deceased employee.

(d) A waiver once made shall continue in effect until such time as of which, but not earlier than the month in which, the annuitant or pensioner requests in a writing signed by him and filed with the Board that it be terminated.

[Board Order 55-89, 20 F. R. 3726, May 27, 1955]

§ 262.10 Free transportation.

It shall not be unlawful for carriers by railroad subject to this Act to furnish free transportation to individuals receiving annuities or pensions under this Act or the Railroad Retirement Act of 1935 in the same manner as such transportation is furnished to employees in their service.

(Sec. 18, 50 Stat. 318; 45 U.S.C. 228r) [4 F.R. 1503, Apr. 7, 1939] § 262.12

Representatives of claimants.

(a) Power of attorney. A claimant shall not be required to hire, retain or utilize the services of an attorney, agent, or other representative in any claim filed with the Board. In the event a claimant desires to be represented by another person, he shall file with the

Board prior to the time of such representation a power of attorney signed by him and naming such other person as the person authorized to represent the claimant with respect to matters in connection with his claim: Provided, however, That without requiring such power of attorney the Board may recognize as the duly authorized representative of the claimant a member of Congress or a person designated by the claimant's railway labor organization to act in behalf of members of that organization on such matters when it appears that such recognition is in the interest of the claimant.

(b) Payment of claim. The Board will not certify payment of any awarded claim to or through any person other than the claimant for the reason that a power of attorney for such person to represent such claimant has been filed. [Board Order 55-89, 20 F. R. 3726, May 27, 1955]

as

The Board hereby establishes offices of the Board its main office in Chicago, Ill., all regional offices, all district offices, and all other offices maintained by the Board as necessary for the proper discharge of its functions under the Railroad Retirement Acts and the Railroad Unemployment Insurance Act. [Board Order 63-103, 28 F.R. 6266, June 19, 1963]

§ 262.16 Records and other papers of the Board; disclosure; service of process.

(a) No document, or any information acquired therefrom or otherwise officially acquired, which is in the possession of the Board or any member, officer, agent or employee of the Board, shall be produced, disclosed, or delivered by any such member, officer, agent, or employee to any person or tribunal outside the Board, whether in response to a subpena or otherwise, except as authorized by this section or with the consent of the Board. The consent of the Board to such production, disclosure, or delivery of any such document or information will not be granted, and no such document will be open to inspection by any person other than a member, officer, agent, or employee of the Board in the performance of his official duties, unless the Board finds that such production, disclosure, delivery, or opening to inspection will not be detrimental to the interest of the person to whom the document pertains,

or to the estate of such person. Except as otherwise ordered by the Board or authorized by this section, any request or demand made by any person or tribunal, or otherwise, for any such document or information shall be refused upon the authority of this section.

(b) When any member, officer, agent or employee of the Board is served with a subpena to produce, disclose or deliver any document described in paragraph (a) of this section, or to furnish any information acquired therefrom or otherwise officially acquired, he shall immediately notify the Board of the fact of the service of such subpena. Unless otherwise ordered by the Board or authorized by this section, he shall appear in response to the subpena and respectfully decline to produce, disclose, or deliver the document, or to furnish the information, basing his refusal upon the authority of this section.

(c) When any document described in paragraph (a) of this section is called for by a subpena duces tecum or other judicial order upon the Board for production, inspection, or disclosure thereof, issued by a court of competent jurisdiction in a proceeding in which such document is relevant, a copy of such document, certified by the Secretary of the Board as a true copy, will be produced, disclosed, or delivered if such production is in the interest of the employee to whom the document pertains, or is in the interest of the estate of such employee, and such document does not consist of or include a report of medical information.

(d) When pursuant to paragraph (c) of this section the production, disclosure, or delivery of any document described in paragraph (a) of this section is not permitted, no member, officer, agent, or employee of the Board shall make any disclosure or testify with respect to such document.

(e) In the event the production, disclosure, or delivery of any document described in paragraph (a) of this section is called for on behalf of the United States or the Board, such document shall be produced, disclosed, or delivered only upon and pursuant to the advice of the General Counsel of the Board.

(j) Notwithstanding any other prothe Board is authorized to accept or receive service of subpenas, summons, or other judicial process addressed to the Board except as the Board may from time to time delegate such authority by

power of attorney. The Board has issued such power of attorney to the General Counsel and to no one else.

ex

(g) Subject to the limitation pressed in paragraph (j) of this section, disclosure of documents and information is hereby authorized, in such manner as the Board may by instructions prescribe, in the following cases:

(1) To any employer, employee, applicant or prospective applicant for an annuity, pension, or death benefit under the 1937 act or the 1935 act, or his duly authorized representative, as to matters directly concerning such employer, employee, applicant or prospective applicant in the administration of such acts.

(2) To any employer, employee, applicant or prospective applicant for benefits under the Railroad Unemployment Insurance Act, or his duly authorized representative, as to matters directly concerning such employer, employee, applicant or prospective applicant in the administration of such act.

(3) To any officer or employee of the United States lawfully charged with the administration of the Railroad Retirement Tax Act, the Social Security Act, or acts or executive orders administered by the Veterans Administration, and for the purpose of such administration only.

(4) To any applicant or prospective applicant for death benefits or accrued annuities under the railroad retirement acts, or to his duly authorized representative, as to the amount payable as such death benefits or accrued annuities, and the name of the person or persons determined by the Board to be the beneficiary, or beneficiaries, thereof, if such applicant or prospective applicant purports to have a valid reason for believing himself to be, in whole or in part, the beneficiary thereof.

(5) To any officer or employee of any State of the United States lawfully charged with the administration of any law of such state concerning taxes imposed by such state with respect to amounts payable at death, as to the amount of death benefits or accrued annuities payable under the railroad retirement acts and the name of the person or persons to whom such amount was payable.

(6) To any officer or employee of any state of the United States lawfully charged with the administration of any law of such state concerning unemployment compensation, as to the amounts payable to payees or beneficiaries under

the Railroad Retirement Acts and the Railroad Unemployment Insurance Act. (7) To any court of competent jurisdiction in which proceedings are pending which relate to the care of the person or estate of an incompetent individual, as to amounts payable under the Railroad Retirement Acts to such incompetent individual but only for the purpose of such proceedings.

(8) To any employer, as to the monthly amount of any retirement annuity under the Railroad Retirement Acts to which a former employee is entitled.

welfare

(9) To any governmental agency, information about the receipt of benefits and eligibility for benefits.

(h) No document, and no information acquired solely by reason of any agreement, arrangement, contract, or request by or on behalf of the Board, relating to the gathering, preparation, receipt or transmittal of documents or information to, from or for the Board which is, by virtue of such agreement, arrangement, contract or request, in the possession of any person other than an employee of the Board, shall be produced, reproduced, or duplicated, disclosed or delivered by any person to any other person or tribunal (other than the Board or an employee thereof, or the person to whom the document or information pertains), whether in response to a subpena or otherwise, except with the consent of the Board. Any person, upon receipt of any request, subpena, or order calling for the production, disclosure, or delivery of such document or information shall notify the Board of the request, subpena or order and shall take no further action except upon advice of the Board. Unless consent of the Board is given, the person shall respectfully decline to comply with the request, subpena or order, basing his refusal upon the authority of this section.

(i) As used in this section, the word "document" includes correspondence, applications, claims, reports, records, memoranda and any other papers used, prepared, received or transmitted to, from, or for the Board in connection with the administration of any act of Congress administered by the Board.

(j) Notwithstanding any other provision of this section, no disclosure of information may be made by the Board or any member, officer, agent, or em

ployee of the Board, if the disclosure of such information is prohibited by law. (Sec. 12 (d) and (n), 52 Stat. 1107, as amended, 45 U.S.C. 362 (d) and (n); sec. 108, 80 Stat. 1085, 45 U.S.C. 228)(b)(6)) [4 FR. 1503, Apr. 7, 1939, as amended by Board Order 41-463, 6 F.R. 5748, Nov. 13, 1941: Board Order 41-508, 6 F.R. 6329, Dec. 10, 1941; Board Order 45-176, 10 F.R. 5715, May 19, 1945; Board Order 55-89, 20 F.R. 3726, May 27, 1955; Board Order 63-17, 28 F.R. 1868, Feb. 28, 1963; Board Order 65-135, 30 F.R. 14595, Nov. 24, 1965; Board Order 6784, 32 FR. 9652, July 4, 1967]

§ 262.17 Actuarial Advisory Committee; statutory provisions.

The Board is hereby authorized and directed to select two actuaries, one from recommendations made by representatives of employees and the other from recommendations made by representatives of carriers. These actuaries, along with a third who shall be designated by the Secretary of the Treasury, shall be known as the Actuarial Advisory Committee with respect to the Railroad Retirement Account. The committee shall examine the actuarial reports and estimates made by the Railroad Retirement Board and shall have authority to recommend to the Board such changes in actuarial methods as they may deem necessary. The compensation of the members of the committee of actuaries, exclusive of the member designated by the Secretary, shall be fixed by the Board on a per diem basis. (Sec. 15(c), 50 Stat. 317; 45 U.S.C. 2280)

[4 F.R. 1504, Apr. 7, 1989]

§ 262.18 Actuaries to be recommended by employees and carriers.

(a) One member of the Actuarial Advisory Committee shall be selected by recommendations made by "carrier representatives." "Carrier representatives," as used in this section, shall mean any organization formed jointly by the express companies, sleeping-car companies and carriers by railroad subject to Part I of the Interstate Commerce Act which own or control more than 50 percent of the total railroad mileage within the United States.

(b) The other member of the Actuarial Advisory Committee to be selected by the Board shall be recommended by "representatives of employees."

(c) "Representatives of employees," as used in this section, shall mean any organization or body formed jointly by

a majority of railway labor organizations organized in accordance with the provisions of the Railway Labor Act, as amended, or any individual or committee authorized by a majority of such railway labor organizations to make such recommendation.

[Board Order 62-63, 27 FR. 5398, June 7, 1962]

Sec. 266.1

PART 266-INCOMPETENCE

Statutory provisions.

266.2 Presumption of competency. 266.3

Evidence of authority of legal guardian, etc.

266.4 Effect of matters or actions submitted or taken by guardian, etc.

266.5 Recognition by the Board of a person to act in behalf of another. 266.6 Cases in which the Board shall recognize a person to act in behalf of another under section 19(a) of the act.

AUTHORITY: The provisions of this Part 266 issued under sec. 10, 50 Stat. 314, as amended, sec. 19, 56 Stat. 207; 45 U.S.C. 228), 2288.

SOURCE: The provisions of this Part 266 contained in Board Order 45-204, 10 F.R. 7159, June 15, 1945, unless otherwise noted.

§ 266.1 Statutory provisions.

(a) Subsection (a) of section 19 of the Railroad Retirement Act of 1937 provides as follows:

Every individual receiving or claiming benefits, or to whom any right or privilege is extended, under this or any other act of Congress now or hereafter administered by the Board shall be conclusively presumed to have been competent until the date on which the Board receives written notice, in a form and manner acceptable to the Board, that he is an incompetent, or a minor, for whom a guardian or other person legally vested with the care of his person or estate has been appointed: Provided, however, That the Board may, in its discretion, validly, recognize actions by, and conduct transactions with, others acting, prior to receipt of, or in the absence of, such written notice, in behalf of an individual found by the Board to be an incompetent or a minor, if the Board finds such actions or transactions to be in the best interests of such individual.

(b) Subsection (b) of section 19 of the Railroad Retirement Act of 1937 provides as follows:

Every guardian or other person legally vested with the care of the person or estate of an incompetent or minor who is receiving or claiming benefits, or to whom any right or privilege is extended, under this or any

other Act of Congress now or hereafter administered by the Board shall have power everywhere, in the manner and to the extent prescribed by the Board, to take any action necessary or appropriate to perfect any right or exercise any privilege of the incompetent or minor and to conduct all transactions on his behalf under this or any other Act of Congress now or hereafter administered by the Board. Any payment made pursuant to the provisions of this or the preceding subsection shall be a complete settlement and satisfaction of any claim, right, or interest in and to such payment.

(c) Subsection (c) of section 19 of the Railroad Retirement Act of 1937 provides as follows:

This section shall be effective as of August. 29, 1935.

§ 266.2 Presumption of competency.

Every individual shall be conclusively presumed to have been competent until the date on which the Board receives a notice in writing that a legal guardian or other person legally vested with the care of the person or estate of an incompetent or a minor has been appointed. § 266.3 Evidence of authority of legal guardian, etc.

Evidence of the appointment of a legal guardian or other person legally vested with the care of the person or estate of an incompetent or a minor shall be in the form of a certificate executed by the proper official of the court of appointment.

§ 266.4 Effect of matters or actions submitted or taken by guardian, etc.

All matters and actions in connection with an annuity submitted or taken by the guardian or other person legally vested with the care of the person or estate of an incompetent or a minor shall be considered by the Board in the same manner and with the same effect as though such matters or actions had been submitted or taken by the ward, if the ward had capacity to act in his own behalf; Provided, however, That the Board may, if it deems it necessary require the guardian or other person legally vested with the care of the person or estate of an incompetent or a minor to submit a certified copy of an order from the court of appointment authorizing some particular action which the guardian or other person legally vested with the care of the person or estate desires to take in connection with the application.

§ 266.5 Recognition by the Board of a

person to act in behalf of another.

(a) In the absence of or prior to receipt of written notice of the appointment of a guardian or other person legally vested with the care of the person or estate of an incompetent or a minor who is receiving or claiming benefits or to whom any right or privilege is extended under the law, the Board may, in its discretion, validly recognize actions by and conduct transactions with others acting in behalf of the individual found by the Board to be incompetent or minor, if the Board finds such actions or transactions to be in the best interest of such individual. An individual may be deemed incompetent if his condition is such that he is unable to handle his affairs.

(b) In the absence of special circumstances, consideration of the proper party with whom to conduct transactions on behalf of an incompetent should be limited to the following persons, who are listed in order of preference: (1) The spouse; (2) a child who has gained majority; (3) the head of the institution where the incompetent is receiving treatment.

(c) In the absence of special circumstances, the proper party with whom to conduct transactions, including the certifying of payments, on behalf of a minor beneficiary should be one of the

§ 300.1

following, who are listed in order of preference: (1) A parent (including an adopting parent), or stepparent with whom the minor beneficiary is living; (2) any relative, individual, or agency caring for the minor beneficiary.

[Board Order 60-30, 25 F.R. 2055, Mar. 10. 1960]

§ 266.6 Cases in which the Board shall recognize a person to act in behalf of another under section 19(a) of the act.

In the absence of a written notice of the appointment of a guardian or other person legally vested with the care of the person or estate of an incompetent or minor, the Board shall, except where special circumstances appear, recognize a person to act in behalf of the incompetent or minor under the following circumstances: (a) When the individual has been adjudged mentally incompetent by a court having jurisdiction; (b) when the individual has been committed to a mental institution by a court having jurisdiction; (c) when the individual is an inmate of a mental institution; (d) when the minor is less than 16 years of age; (e) when the minor is between 16 and 18 years of age and is in the care of any person and does not have capacity to act on his own behalf.

[Board Order 60-30, 25 F.R. 2055, Mar. 10, 1960]

PART 300-DEFINITIONS

Words and phrases.

For the purposes of the regulations in this part, except where the language or context indicates otherwise:

(a) The term "act" means the Railroad Unemployment Insurance act.

(b) The term "employer" means an employer as defined in the act and Part 201 of this chapter.

(c) The term "Board" means the Railroad Retirement Board.

(d) The term "person" includes an individual, trust, estate, partnership, association, joint stock company, company, corporation, and institution.

(e) The term "United States", when used in a geographical sense, means the States and the District of Columbia.

(f) The term "State" means any of the States or the District of Columbia. (g) The term "employment" means service performed as an employee.

(h) The term "local lodges and divisions" and the term "local lodge or division" as used in section 1 (a) and 1 (d), respectively, of the act, shall be construed to include any subordinate unit of a national railway labor organization defined as an "employer" under the act, which unit functions in the same manner as, or similar to "local lodges" as that term is ordinarily used, irrespective of the designation of such unit by its national organization.

(Sec. 12, 52 stat. 1107, as amended; 45 U. S. C. 362. Interprets or applies sec. 1, 52 Stat. 1094, as amended; 45 U. S. C. 351) [Board Order 40-368 and Board Order 40-385, 5 F.R. 2717, Aug. 1, 1940, as amended by Board Order 68-72, 33 F.R. 11114, Aug. 6, 1968]