day subsequent to any registration period with respect to which a female employee has failed to file a claim for maternity benefits within the time prescribed in paragraph (c) of this section shall be considered a day of sickness in a maternity period with respect to such employee unless such employee (1) notifies the Board within a reasonable time of such day that she wishes to claim such day and (2) files the form sent her by the Board within the time prescribed in paragraph (c) of this section.

(e) When form considered filed. A form shall be considered filed within the time prescribed with regard to it in paragraphs (a), (b), or (c) of this section if (1) the form was received at an office of the Board within the prescribed time; (2) the form was mailed to an office of the Board within the time specified in the instructions on the form, and was received there; (3) the employee made such effort to file the form within the prescribed time as a reasonable person could be expected to make in the same situation, but was prevented from doing so by circumstances beyond her control, and the form was received at an office of the Board within a reasonable time after the circumstances which had prevented the employee from filing the form were removed; (4) the employee registered for the day in question under § 325.12 of this chapter, but her claim for such day as a day of unemployment was denied on the ground that she was not available for work or was not able to work on such day, and the form was received at an office of the Board within a reasonable time; or (5) the employee claimed sickness benefits for the day in question under Subpart A of this part, and the form was received at an office of the Board within a reasonable time: Provided, however, That a form may not in any event be considered filled within the time prescribed with regard to it in paragraph (a), (b) or (c) of this section unless it is received at an office of the Board within two years of the day in question.

[12 F.R. 4667, July 15, 1947, as amended by Board Order 53-23, 18 F.R. 853, Feb. 12, 1953] § 335.205 Registration period.

(a) First day. For the purposes of the regulations in this subpart, the first day of a registration period, with respect to any female employee, is the first day

which is included in her maternity period and in a benefit year in which she is a qualified employee, and thereafter the first day in her maternity period occurring after the end of her last preceding registration period begun with a day in her maternity period.

(b) Last day. For the purposes of the regulations in this subpart, the last day of a registration period, with respect to any female employee, is the thirteenth day after the first day of such registration period: Provided, however, That if any of the following days occurs in the period of 14 consecutive days beginning with the first day of a registration period, such registration period shall end with the first of such days so occurring: (1) the fourteenth day of the maternity period; (2) the day of birth of the employee's child; (3) the fourteenth day after the day of birth of the employee's child, or (4) the last day of the maternity period.

Subpart C-Death of Employee

§ 335.301 Statutory provisions.

Benefits accrued to an individual but not yet paid at death shall, upon certification by the Board, be paid, without necessity of filing further claims therefor, to the same individual or individual to whom any accrued annuities under section 3(f) (1) of the Railroad Retirement Act of 1937 are paid. In the event that no such accrued annuities are paid, and if application for such accrued benefits is filed prior to the expiration of 2 years after the death of the individual to whom such benefits accrued, such accrued benefits shall be paid, upon certification by the Board, to the individual or individuals who would be entitled thereto under section 3(f) (1) of the Railroad Retirement Act of 1937 if such accrued benefits were accrued annuities. If there is no individual to whom all or any part of such accrued benefits can be paid in accordance with the foregoing provisions, such benefits or part thereof shall escheat to the credit of the account. (Section 2(g) of the act.) [Board Order 68-72, 33 F.R. 11116, Aug. 6, 1968]

§ 335.302 Death of employee before filing of form.

If an employee dies before the filing of any one or more of the forms which under the provisions of Subpart

A or Subpart B of this part, are required to be filed by or in behalf of such employee, such form or forms may be filled by or in behalf of the individual or individuals to whom benefits accrued to such employee, but not yet paid at death, would be payable in accordance with the provisions of section 2 (g) of the act. Such form or forms shall be filed within the time prescribed in § 335.104 or § 335.204 and in such cases the word "employee" as last used in §§ 335.104 (b) and 335.204 (b) and (c), and as used in §§ 335.104 (d) (3) and 335.204 (e) (3), shall include the individual or individuals by or in behalf of whom the form is filed. [Board Order 48-113, 13 FR. 2837, May 27, 1948]

AUTHORITY: The provisions of this Part 336 issued under sec. 12, 52 Stat. 1107, as amended; 45 U.S.C. 362.

SOURCE: The provisions of this Part 336 contained in Board Order 59-131, 24 FR. 5019, June 20, 1959, 24 F.R. 5118, June 23, 1959, unless otherwise noted.

§ 336.1 Statutory provisions.

Section 2(c) of the Railroad Unemployment Insurance Act, as amended, provides that:

with respect to an employee who has 10 or more years of service as defined in section 1(f) of the Railroad Retirement Act of 1937, who did not voluntarily retire and (in a case involving exhaustion of rights to benefits for days of unemployment) did not voluntarily leave work without good cause, and who had current rights to normal benefits for days of unemployment or days of sickness in a benefit year but has exhausted such rights, the benefit year in which such rights are exhausted shall be deemed not to be ended until the last day of the extended benefit period determined under the following schedule, and the maximum number of days of, and amount of payment for, unemployment or sickness (depending on the type of benefit rights exhausted) within such benefit year for which benefits may be paid to the employee shall be enlarged to include all compensable days of unemployment or days of sickness, as the case may be, within such extended benefit period:

13.

Section 303(b) of Public Law 86-28, 73 Stat. 31, provides that:

An employee who has less than ten years of service as defined in section 1(f) of the Railroad Retirement Act of 1937, and who has after June 30, 1957, and before April 1, 1959, exhausted (within the meaning pre

1 Board Order 68-72, 33 F.R. 11116, Aug. 6, 1968.

scribed by the Railroad Retirement Board by regulation) his rights to unemployment benefits, shall be paid unemployment benefits for days of unemployment, not exceeding sixty-five, which occur in registration periods beginning on or after June 19, 1958, and before July 1, 1959, and which would not be days with respect to which he would be held entitled otherwise to receive unemployment benefits under the Railroad Unemployment Insurance Act •

Section 2 of the Temporary Extended Railroad Unemployment Insurance Benefits Act of 1961 provides that:

the

An employee as defined in the Railroad Unemployment Insurance Act who has, after June 30, 1960, and before April 1, 1962, exhausted (within the meaning prescribed by the Railroad Retirement Board by regulation) his right to unemployment benefits under the Railroad Unemployment Insurance Act, shall be paid unemployment benefits in accordance otherwise with provisions of such Act for days of unemployment, not exceeding sixty-five, and not exceeding in the aggregate, an amount equal to 50 per centum of the total amount of unemployment benefits which were payable to him in the benefit year in which he last exhausted his rights before making his first claim under this Act, which occur in registration periods, as defined in the Railroad Unemployment Insurance Act, beginning on or after [April 8, 1961] the fifteenth day after the date of enactment of the Temporary Extended Unemployment Compensation Act of 1961, and before April 1, 1962, and which would not be days with respect to which he would be held entitled otherwise to receive unemployment benefits under the Railroad Unemployment Insurance Act ***. [Board Order 59-131, 24 F.R. 5019, June 20, 1959, as amended by Board Order 61-50, 26 F.R. 3607, Apr. 27, 1961; Board Order 68-72, 33 F.R. 11116, Aug. 6, 1968]

§ 336.2 Exhaustion of rights to unemployment benefits.

An employee shall be deemed to have exhausted his current rights to normal benefits for days of unemployment, within the meaning of Section 2(c) of the Railroad Unemployment Insurance Act, and to have exhausted his rights to unemployment benefits, within the meaning of Section 303 (b) of Public Law 86-28, 73 Stat. 31, if:

He has received unemployment benefits for 130 days of unemployment in the benefit year, or

(b) He has received unemployment benefits in the benefit year equal to his base-year compensation, or

(c) At the end of a normal benefit year during which he was qualified for benefits he has received less than the maximum unemployment benefits for the benefit year and he is not qualified for benefits in the next succeeding benefit year.

[Board Order 59-131, 24 F.R. 5019, June 20, 1959; 24 F.R. 5118, June 23, 1959, as amended by Board Order 68-72, 33 F.R. 11116, Aug. 6, 1968]

§ 336.3 Exhaustion of right to benefits within meaning of Temporary Ex tended Railroad Unemployment Insurance Benefits Act of 1961.

An employee shall be deemed to have exhausted his right to unemployment benefits under the Railroad Unemployment Insurance Act after June 30, 1960, and before April 1, 1962, within the meaning of the Temporary Extended Railroad Unemployment Insurance Benefits Act of 1961, if:

(a) He has exhausted his current rights to normal benefits for days of unemployment in accordance with § 336.2 (a) or (b), an extended benefit period is not established under section 2(c) of the Railroad Unemployment Insurance Act because he has less than ten years of service or because he voluntarily left work without good cause or voluntarily retired, and the last day for which unemployment benefits were paid is after June 30, 1960, and before April 1, 1962; or

(b) He has exhausted his current rights to normal benefits for days of unemployment in accordance with § 336.2 (c), an extended benefit period is not established under section 2(c) of the Railroad Unemployment Insurance Act because he has less than ten years of service or because he voluntarily left work without good cause or voluntarily retired, and the last day of the benefit year, or the last day in the benefit year for which unemployment benefits were paid, whichever is later, is after June 30, 1960, and before April 1, 1962; or

(c) An extended benefit period established under section 2 (c) of the Railroad Unemployment Insurance Act in his case has ended, he has no current rights to normal benefits for days of unemployment, and the last day of the extended benefit period is after June 30, 1960, and before April 1, 1962; or

(d) Benefits have been held to be payable for 65 days in an extended benefit period of seven registration periods established under section 2(c) of the Railroad Unemployment Insurance Act in his case, and the last day for which benefits are payable is before the last day of the extended benefit period and is after June 30, 1960, and before April 1, 1962.

[Board Order 61-50, 26 F.R. 3607, Apr. 27, 1961, as amended by Board Order 61-118, 26 F.R. 6270, July 13, 1961]

§ 336.4 Exhaustion of rights to sickness benefits.

An employee shall be deemed to have exhausted his current rights to normal benefits for days of sickness, within the meaning of section 2(c) of the Act, if:

(a) He has received sickness benefits for 130 days of sickness in the benefit year, or

(b) He has received sickness benefits in the benefit year equal to his base-year compensation, or

(c) At the end of a normal benefit year during which he was qualified for benefits he has received less than the maximum sickness benefits for the benefit year and he is not qualified for benefits in the next succeeding benefit year. [Board Order 68-72, 33 FR. 11116, Aug. 6, 1968]

PART 340-RECOVERY OF BENEFITS Sec.

840.1

840.2

340.3

840.4

840.5

840.6

840.7

840.8

340.9

340.10

840.11

840.12

340.13

Statutory provisions.

Amount recoverable.

When amounts recoverable to be recovered.

Methods of recovery of amounts
recoverable.

Recovery by cash payment.
Recovery by setoff.

Recovery by deduction in computa-
tion of death benefit under Rail-
road Retirement Act of 1937.
Recovery by adjustment in connec-
tion with subsequent payments
under the Railroad Retirement
Act.

Effect of adjustment in connection with subsequent payments. Waiver of recovery.

Waiver of methods of recovery. Waiver not a matter of right. Compromise of amounts recoverable. 840.14 Factors due to be considered in a compromise.

840.15 Suspension or termination of collection action.

AUTHORITY: The provisions of this Part 340 issued under sec. 12, 52 Stat. 1107, as amended; 45 U.S.C. 362.

SOURCE: The provisions of this Part 340 contained in Board Order 27-22, 32 FR. 3341, Feb. 28, 1967, unless otherwise noted.

§ 340.1 Statutory provisions.

(a) Section 2(d) of the Railroad Unemployment Insurance Act provides that:

If the Board finds that at any time more than the correct amount of benefits has been paid to any individual under this Act 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 is entitled under this Act or any other Act administered by the Board may, except as otherwise provided in this subsection, be made under regulations prescribed by the Board. If such individual 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.

Adjustments under this subsection 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 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.

There shall be no recovery in any case in which more than the correct amount of benefits 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 this Act or would be against equity or good conscience.

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 the third paragraph of this subsection or has been begun but cannot be completed under the first paragraph of this subsection.

(b) Section 2(f) of the Act provides, in part, that:

If (1) benefits are paid to any employee with respect to unemployment or sickness in any registration period, and it is later determined that remuneration is payable to such employee with respect to any period which includes days in such registration period which had been determined to be days of unemployment or sickness, and (11) the person or company from which such remuneration is payable has, before payment thereof, notice of the payment of benefits upon the basis of days of unemployment or sickness included in such period, the remuneration so payable shall not be reduced by reason of such benefits but the remuneration so payable, to the extent to which benefits were paid upon the basis of days which had been determined to be days of unemployment or sickness and which are included in the period for which such remuneration is payable, shall be held

to be a special fund in trust for the Board.

(c) Section 4 (a-1) of the Act provides, in part, that:

There shall not be considered as a day of unemployment or as a day of sickness, with respect to any employee- *

(11) Any day in any period with respect to which the Board finds that he is receiving or will have received annuity payments or pensions under the Railroad Retirement Act of 1935 or the Railroad Retirement Act of 1937, or insurance benefits under Title II of the Social Security Act, or unemployment, maternity, or sickness benefits under an unemployment, maternity, or sickness compensation law other than this Act, or any other social insurance payments under any law: Provided, That if an employee receives or is held entitled to receive any such payments, other than unemployment, maternity, or sickness payments, with respect to any period which include days of unemployment or sickness in a registration period, after benefits under this Act for such registration period will have been paid, the amount by which such benefits under this Act will have been increased by including such days as days of unemployment or as days of sickness shall be recoverable by the Board: Provided further, That, if that part of any such payment or payments, other than unemployment, maternity, or sickness payments, which is apportionable to such days of unemployment or days of sickness is less in amount than the benefits under this Act which, but for this paragraph, would be payable and not recoverable with respect to such days of unemployment or days of sickness, the preceding provisions of this paragraph shall not apply but such benefits under this Act for such days of unemployment or days of sickness shall be diminished or recoverable in the amount of such part of such other payment or payments;

(d) Section 12 (o) of the Act provides that:

Benefits payable to an employee with respect to days of sickness shall be payable regardless of the liability of any person to pay damages for such infirmity. The Board shall be entitled to reimbursement from any sum or damages paid or payable to such employee or other person through suit, compromise, settlement, judgment, or otherwise on account of any liability (other than a liability under a health, sickness, accident, or similar insurance policy) based upon such infirmity, to the extent that it will have paid or will pay benefits for days of sickness resulting from such infirmity. Upon notice to the person against whom such right or claim exists or is asserted, the Board shall have a lien upon such right or claim, any Judgment obtained thereunder, and any sum or damages paid under such right or claim, to the extent of the amount to which the Board is entitled by way of reimbursement.

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

(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 & 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 head of an agency, other than the Comptroller General of the United States, have authority to compromise a claim that arises from an exception made by the General Accounting Office in the account of an accountable officer.

(c) A compromise effected pursuant to authority conferred by subsection (b) of this section shall be final and conclusive on the debtor and on all officials, agencies, and courts of the United States, except if procured by fraud, misrepresentation, the presentation of a false claim, or mutual mistake of fact. No accountable officer shall be liable for any amount paid or for the value of property lost, damaged, or destroyed, where the recovery of such amount or value may not be had because of a compromise with a person primarily responsible under subsection (b).

§ 340.2 Amount recoverable.

For purposes of this part, an "amount recoverable" is an amount of unemployment, sickness, or maternity benefits paid under the Railroad Unemployment Insurance Act which is:

(a) Determined to have been paid erroneously;