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power of attorney. The Board has issued payable to payees or beneficiaries under such power of attorney to the General the Railroad Retirement Acts and the Counsel and to no one else.

Railroad Unemployment Insurance Act. (g) Subject to the limitation ex (7) To any court of competent jurispressed in paragraph (j) of this section, diction in which proceedings are penddisclosure of documents and information ing which relate to the care of the person is hereby authorized, in such manner as or estate of an incompetent individthe Board may by instructions prescribe, ual, as to amounts payable under the in the following cases:

Railroad Retirement Acts to such in(1) To any employer, employee, appli competent individual but only for the cant or prospective applicant for an purpose of such proceedings. annuity, pension, or death benefit under (8) To any employer, as to the the 1937 act or the 1935 act, or his duly monthly amount of any retirement anauthorized representative, as to matters nuity under the Railroad Retirement directly concerning such employer, em Acts to which a former employee is ployee, applicant or prospective appli entitled. cant in the administration of such acts. (9) To any governmental welfare

(2) To any employer, employee, appli agency, information about the receipt of cant or prospective applicant for bene benefits and eligibility for benefits. fits under the Railroad Unemployment (h) No document, and no information Insurance Act, or his duly authorized acquired solely by reason of any agreerepresentative, as to matters directly ment, arrangement, contract, or request concerning such employer, employee, by or on behalf of the Board, relating to applicant or prospective applicant in the the gathering, preparation, receipt or administration of such act.

transmittal of documents or information (3) To any oficer or employee of the to, from or for the Board which is, by United States lawfully charged with the virtue of such agreement, arrangement, administration of the Railroad Retire contract or request, in the possession of ment Tax Act, the Social Security Act, any person other than an employee of or acts or executive orders administered the Board, shall be produced, reproby the Veterans Administration, and for duced, or duplicated, disclosed or delivthe purpose of such administration only. ered by any person to any other person

(4) To any applicant or prospective or tribunal (other than the Board or an applicant for death benefits or accrued employee thereof, or the person to whom annuities under the railroad retirement the document or information pertains), acts, or to his duly authorized repre whether in response to a subpena or sentative, as to the amount payable as otherwise, except with the consent of the such death benefits or accrued annuities, Board. Any person, upon receipt of any and the name of the person or persons request, subpena, or order calling for determined by the Board to be the bene the production, disclosure, or delivery of ficiary, or beneficiaries, thereof, if such such document or information shall noapplicant or prospective applicant pur tify the Board of the request, subpena ports to have a valid reason for believing or order and shall take no further action himself to be, in whole or in part, the except upon advice of the Board. Unbeneficiary thereof.

less consent of the Board is given, the (5) To any officer or employee of any person shall respectfully decline to comState of the United States lawfully ply with the request, subpena or order, charged with the administration of any basing his refusal upon the authority of law of such state concerning taxes im this section. posed by such state with respect to (i) As used in this section, the word amounts payable at death, as to the “document" includes correspondence, amount of death benefits or accrued an applications, claims, reports, records, nuities payable under the railroad re memoranda and any other papers used, tirement acts and the name of the per prepared, received or transmitted to, son or persons to whom such amount was from, or for the Board in connection payable.

with the administration of any act of (6) To any officer or employee of any Congress administered by the Board. state of the United States lawfully (j) Notwithstanding any other procharged with the administration of any vision of this section, no disclosure of law of such state concerning unemploy information may be made by the Board ment compensation, as to the amounts or any member, officer, agent, or em

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 F.R. 5398, June 7, 1962)

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) [4 F.R. 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 F.R. 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, 1939) § 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

PART 266-INCOMPETENCE Sec. 266.1 Statutory provisions. 266.2 Presumption of competency. 266.3 Evidence of authority of legal guard

ian, 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 recog

nize 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 ad § 266.5 Recognition by the Board of a ministered by the Board shall have power

person to act in behalf of another. everywhere, in the manner and to the extent

(a) In the absence of or prior to represcribed by the Board, to take any action necessary or appropriate to perfect any right

ceipt of written notice of the appointor exercise any privilege of the incompetent ment of a guardian or other person leor minor and to conduct all transactions on gally vested with the care of the person his behalf under this or any other Act or estate of an incompetent or a minor of Congress now or hereafter administered

who is receiving or claiming benefits or by the Board. Any payment made pursuant

to whom any right or privilege is exto the provisions of this or the preceding subsection shall be a complete settlement and

tended under the law, the Board may, in satisfaction of any claim, right, or interesi in

its discretion, validly recognize actions and to such payment.

by and conduct transactions with others

acting in behalf of the individual found (c) Subsection (c) of section 19 of the

by the Board to be incompetent or minor, Railroad Retirement Act of 1937 provides

if the Board finds such actions or transas follows:

actions to be in the best interest of such This section shall be effective as of August individual. An individual may be 29, 1935.

deemed incompetent if his condition is § 266.2 Presumption of competency.

such that he is unable to handle his

affairs. Fvery individual shall be conclusively

(b) In the absence of special circumpresumed to have been competent until stances, consideration of the proper the date on which the Board receives a

party with whom to conduct transacnotice in writing that a legal guardian

tions on behalf of an incompetent should or other person legally vested with the be limited to the following persons, who care of the person or estate of an incom

are listed in order of preference: (1) petent or a minor has been appointed. The spouse; (2) a child who has gained § 266.3 Evidence of authority of legal

majority; (3) the head of the instituguardian, etc.

tion where the incompetent is receiving

treatment. Evidence of the appointment of a legal

(C) In the absence of special circumguardian or other person legally vested with the care of the person or estate of

stances, the proper party with whom to

conduct transactions, including the ceran incompetent or a minor shall be in

tifying of payments, on behalf of a the form of a certificate executed by the

minor beneficiary should be one of the proper official of the court of appoint.

following, who are listed in order of prefment.

erence: (1) A parent (including an § 266.4 Effect of matters or actions sub adopting parent), or stepparent with

mitted or taken by guardian, etc. whom the minor beneficiary is living; All matters and actions in connection

(2) any relative, individual, or agency with an annuity submitted or taken by

caring for the minor beneficiary. the guardian or other person legally

(Board Order 60-30, 25 F.R. 2055, Mar. 10, vested with the care of the person or es

1960] tate of an incompetent or a minor shall $ 266.6 Cases in which the Board shall be considered by the Board in the same recognize a person to act in behalf manner and with the same effect as

of another under section 19(a) of

the act. though such matters or actions had been submitted or taken by the ward, if the

In the absence of a written notice of ward had capacity to act in his own be

the appointment of a guardian or other half; Provided, however, That the Board

person legally vested with the care of may, if it deems it necessary require the

the person or estate of an incompetent

or minor, the Board shall, except where guardian or other person legally vested

special circumstances appear, recognize with the care of the person or estate of

a person to act in behalf of the incoman incompetent or a minor to submit a

petent or minor under the following circertified copy of an order from the court

cumstances: (a) When the individual of appointment authorizing some par has been adjudged mentally incompeticular action which the guardian or tent by a court having jurisdiction; (b) other person legally vested with the care when the individual has been committed of the person or estate desires to take in to a mental institution by a court having connection with the application.

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)

SUBCHAPTER C-REGULATIONS UNDER THE RAILROAD

UNEMPLOYMENT INSURANCE ACT

PART 300-DEFINITIONS & 300.1 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 Rallroad 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. 8. 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]

tion), and any company which is directly or indirectly owned or controlled by one or more such carriers or under common control therewith, and which operates any equipment or facility or performs any service (except truckIng service, casual service, and the casual operation of equipment or facilities) in connection with the transportation of passengers or property by railroad, or the receipt, dellyery, elevation, transfer in transit, refrigeration or Icing, storage, or handling of property transported by railroad, and any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession of the property or operating all or any part of the business of any such employer: Provided, however, That the term "employer" shall not include any street, interurban, or suburban electric rallway, unless such rallway is operating as a part of a general steam. railroad system of transportation, but shall not exclude any part of the general steamrallroad system of transportation now or hereafter operated by any other motive power. The Interstate Commerce Commission is hereby authorized and directed upon request of the Board, or upon complaint of any party interested, to determine after hearing whether any line operated by electric power falls within the terms of this proviso. The term "employer" shall also include rallroad associations, traffic associations, tarif bureaus, demurrage bureaus, weighing and Inspection bureaus, collection agencies, and other associations, bureaus, agencies, or organizations controlled and maintained wholly or principally by two or more employers as hereinbefore defined and engaged in the performance of services in connection with or incidental to railroad transportation; and railway labor organizations, national in scope, which have been or may be organized in accordance with the provisions of the Railway Labor Act, and their State and National legislative committees and their general committees and their insurance departments and their local lodges and divisions, established pursuant to the constitution and bylaws of such organizations.

The term "employer" shall not include any company by reason of its being engaged in the mining of coal, the supplying of coal to an employer where delivery is not beyond the mine tipple, and the operation of equipment or facilities therefor, or in any of such activities.

(b) The term "carrier" means an express company, sleeping-car company, or carrier

PART 301-EMPLOYERS UNDER THE

ACT Sec. 301.1 Statutory provisions. 301.4 Who are employers. $ 301.1 Statutory provisions.

(a) The term "employer" means any carrier (as defined in subsection (b) of this sec

by railroad, subject to part I of the Inter. state Commerce Act. (Board Order 40-368, 5 F.R. 2718, Aug. 1, 1940, as amended by Board Order 41-526, 7 F.R. 97, Jan. 6, 1942) $ 301.4 Who are employers.

The provisions of $201.1(k) and the provisions of $8 202.2–202.15 of this chapter shall be applicable to the determination of who are employers under the Railroad Unemployment Insurance Act to the same extent and in the same manner as they are applicable to the determination of who are employers under the Railroad Retirement Act of 1937. (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, 5 F.R. 2718, Aug. 1, 1940)

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claimed upon the basis that such person or company is or will not have been llable for buch contributions. In any such case the Board or the person so designated shall, by publication or otherwise, notify all parties properly interested of their right to participate in the proceeding and, if a hearing 18 to be held, of the time and place of the hearIng. At the request of any party properly interested the Board shall provide for a hearing, and may provide for a hearing on its own motion. The Board shall prescribe regulations governing the proceedings provided for in this paragraph and for decisions upon such proceedings.

Final decision of the Board in the cases provided for in the preceding two paragraphs shall be communicated to the claimant and to the other interested parties within fifteen days after it is made. Any properly interested party notified, as hereinabove provided, of his right to participate in the proceedings may obtain a review of any such decision by which he claims to be aggrieved or the determination of any issue therein in the manner provided in subsection (1) of this section with respect to the review of the Board's decisions upon claims for benefits and subject to all provisions of law applicable to the review of such decisions. SubJect only to such review, the decision of the Board upon all issues determined in such decision shall be final and conclusive for all purposes and shall conclusively establish all rights and obligations, arising under this Act, of every party notified as hereinabove provided of his right to participate in the proceedings.

Any issue determinable pursuant to this subsection and subsection (1) of this section shall not be determined in any manner other than pursuant to this subsection and subsection (f). (Section 5 (c), Railroad Unemployment Insurance Act.)

In any proceeding other than a court proceeding, the rules of evidence prevailing in courts of law or equity shall not be controlling, but a full and complete record shall be kept of all proceedings and testimony, and the Board's final determination, together with its findings of fact and conclusions of law in connection therewith, shall be com. municated to the parties within ifteen days after the date of such inal determinations, (Section 5 (e), Railroad Unemployment Insurance Act.)

Any claimant, or any railway labor organization organized in accordance with the provisions of the Railway Labor Act, of which claimant is a member, or any other party aggrieved by a final decision under subsection (c) of this section, may, only after all adminIstrative remedies within the Board will have been avalled of and exhausted, obtain a review of any final decision of the Board by aling a petition for review within ninety days after the malling of notice of such decision to the claimant or other party, or within such

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Sec. 319.1 Statutory provisions. 319.2 Procedure for determining entitle

ment to benefits awarded where employer status is denied, and for determining liability for contribu

tions. AUTHORITY: The provisions of this part 319 issued under sec. 12, 62 Stat. 1107, as amended; 45 U.S.C. 362.

SOURCE: The provisions of this Part 319 contained in Board Order 58-142, 23 F.R. 9089, Nov. 22, 1958, unless otherwise noted. § 319.1 Statutory provisions.

.. In any case in which benefits are awarded to a claimant in whole or in part upon the basis of pay earned in the service of a person or company found by the Board to be an employer as deined in this Act but which denies that it is such an employer, such benefits awarded on such basis shall be paid to such claimant subject to a right of recovery of such benefits. The Board shall thereupon designate one of its officers or employees to receive evidence and to report to the Board on whether such benefits should be repaid. The Board may also designato one of its officers or employees receive evidence and report to the Board whether or not any person or company is entitled to & refund of contributions or should be required to pay contributions under this Act, regardless of whether or not any claims for benefits will have been Aled upon the basis of service in the employ of such person or company, and shall follow such proceduro It contributions are assessed and payment is refused or payment is made and a refund

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