(2) Not more than twelve months before the filing of the application. (Section 2 (c), 50 Stat. 310, as amended; 45 U.S.C. 228b.)

Any individual who, prior to the date of the enactment of this Act, relinquished all rights to return to the service of a carrier as defined in the Railroad Retirement Act of 1935 or ceased to be an employee representative as defined in such Act, and who is not eligible for an annuity under that Act but who would have been eligible for an annuity under the Railroad Retirement Act of 1937 had such Act been in force from and after August 29, 1935, shall have his right to an annuity adjudicated under the Railroad Retirement Act of 1937: Provided, however, That no such annuity shall begin prior to the date of the enactment of this Act. (Section 203, 50 Stat. 318; 45 U. S. C. 215 Note.)

[Board Order 55-89, 20 F. R. 3708, May 27, 1955]

§ 214.2 Annuity beginning date.

(a) An annuity shall begin to accrue as of the date specified in the application: Provided, however, That such date is not earlier than that permitted by the provisions of the act quoted in § 214.1, nor prior to the date upon which the for attains eligibility applicant annuity.

an

(b) The filing of an application in accordance with the proviso in § 210.2 (a) of this chapter shall be the specification as an annuity beginning date of the date following the last day of compensated service, or of the date on which the applicant attains eligibility for an annuity, or of the date twelve months before the filing date, whichever date is the latest: Provided, however, That where such date falls on the thirty-first day of any month the annuity shall begin to accrue on the first day of the following month, and that where an application is filed on February 28 or 29 the annuity may begin as early as February 28 of the preceding year.

[Board Order 60-7, 25 F.R. 865, Feb. 2, 1960] § 214.3 Beginning date in month of applicant's sixtieth, sixty-second, sixty-fifth birthday.

or

When an individual is not eligible for an annuity until the attainment of age 60, 62, or 65, the annuity cannot begin to accrue before the day on which the required age is attained, except that an individual who is eligible for the annuity described in § 208.7(a) (2) of this chapter in the same month in which he attains age 65 may have his annuity begin with

out reduction as of the first day of such month.

[Board Order 60-7, 25 F.R. 865, Feb. 2, 1960] § 214.4 Clarification of beginning date.

In any case wherein an applicant has made an unintelligible designation of the beginning date of his annuity, he shall be notified of the earliest beginning date permitted by law. Non-action in response to the notification from the Board of the earliest permissible beginning date for a period of 30 days after the date of the notification shall operate to designate the earliest permissible date specified in such notification.

[Board Order 55-89, 20 F. R. 3708, May 27, 1955]

§ 214.5 Effect of death.

If the applicant dies before a beginning date has been designated, or prior to the date upon which his annuity would have begun to accrue, no annuity shall accrue and any election of a joint and survivor inannuity shall be operative.

[4 F.R. 1486, Apr. 7, 1939]

§ 214.6 Beginning date following cancellation of application.

In the event an annuity beginning date is designated and, because of a cancellation of the application, such date becomes ineffective, the annuity thereafter cannot begin to accrue earlier than twelve months before the filing date of a new application, nor until the date following the last day of compensated service, whichever date is later: Provided, however, That the applicant may, in filing a new application, designate a later date.

[Board Order 62-33, 27 F.R. 3322, Apr. 7, 1962] § 214.7

Effect of service performed through or after designated beginning date.

(a) By individuals whose eligibility is not based upon disability. If such an individual renders compensated service to any person, whether or not an employer, through, or within 6 months after, the designated beginning date but prior to relinquishment of rights in accordance with Part 216 of this chapter, his annuity cannot begin to accrue earlier than the date following the last date of such compensated service. If the individual renders such compensated service after having relinquished rights in accordance with Part 216 of this chapter the beginning date of the annuity

shall not be affected but no annuity shall be payable with respect to any month in which such service is performed if it is within the terms of Part 217 of this chapter.

(b) Individuals whose eligibility is based upon permanent disability for regular employment. (1) If such an individual renders compensated service to any person, whether or not an employer, through or after the designated beginning date, such fact must be reconciled with the claim of permanent disability for any regular and gainful employment before eligibility for such a disability annuity is established. Where, however, it is shown that the individual, notwithstanding his rendition of compensated service is disabled, the following shall apply:

(2) If all the individual's compensated service ended before the filing date of his annuity application or if the individual's compensated service continued through such filing date, the annuity cannot begin to accrue earlier than the date following the last day of such compensated service: Provided, however, That if the individual relinquished rights to all compensated service before the filing date of his application, his annuity may begin to accrue as early as the day after that on which he ceased such service. (For the effect of a return to service after accrual, see Part 217 of this chapter.)

(1) If

(c) An individual whose eligibility is based upon permanent disability for work in his regular occupation. an individual renders compensated service through or after the designated beginning date to any person, whether or not an employer, in his regular occupation or in any occupation for which the same occupational disability standards have been established, such fact must be reconciled with the claim of permanent disability for work in his regular occupation. Where, however, it is shown that an individual, notwithstanding his rendition of compensated service in any occupation, is permanently disabled for work in his regular occupation the following shall apply:

(2) If all the individual's compensated service to any person, whether or not an employer, ended before the filing date of his annuity application or if the individual's compensated service to any person, whether or not an employer, continued through such filing date, the annuity cannot begin to accrue earlier than the date following the last day of com

pensated service to any such person: Provided, however, That if the individual relinquished rights to all compensated service before the filing date of his application. his annuity may begin to accrue as early as the day after that on which he ceased such service. (For the effect of a return to service after accrual, see Part 217 of this chapter.)

[12 F.R. 1136, Feb. 19, 1947, as amended at 12 F.R. 5610, Aug. 21, 1947; Board Order 60–7, 25 F.R. 865, Feb. 2, 1960]

§ 214.8 Applicant's general right to change date.

In any case where a change of beginning date is not inconsistent with other provisions of the act or the regulations in this chapter, the applicant shall have the right, prior to the date upon which his claim is certified for payment, to change the annuity beginning date: Provided, however, That no such change shall be effective unless and until a request or designation in writing signed by the applicant is received by the Board on or before the date of his death.

[4 F.R. 1487, Apr. 7, 1939] § 214.10

Cessation of service to a local lodge or division.

In determining whether an individual has ceased to render compensated service to a local lodge or division of a railway-labor-organization employer the

Board shall not consider as a day of compensated service any day in any month with respect to which month the individual earned compensation that is required to be disregarded within the provisions of § 222.3(f) of this chapter. [Board Order 40-742, 6 F.R. 298, Jan. 14, 1941]

employer and of the person by whom he was last employed; but this requirement shall not apply to the individuals mentioned in subdivision 4 and subdivision 5 of subsection (a) prior to attaining age sixty-five.

[12 F.R. 1137, Feb. 19, 1947]

$216.2 Relinquishment of rights as condition for payment.

No annuity other than a disability annuity shall be certified for payment until the applicant has established in accordance with this part that he has relinquished all rights which he may have had to return to the service of (a) any employer; and (b) the person, whether or not an employer, by whom he was most recently employed when the annuity began to accrue; (c) any person with whom he holds, at the time the annuity begins to accrue, any rights to return to service; and (d) any person with whom he ceased service in order to have his annuity begin to accrue.

[4 F.R. 1487, Apr. 7, 1939]

216.3

and

Relinquishment of rights in case

of disability annuity.

In the case of an individual whose eligibility for an annuity is based upon permanent disability for any regular and gainful employment or upon permanent disability for work in his regular occupation, an annuity is payable prior to age 65 even though he retains rights to return to service until age 65: Provided, however, That such individual shall upon attainment of age 65 establish that he has in accordance with this part relinquished in the manner and to the extent required in the case of an age annuity any rights which he may have to return to service; otherwise payment of his annuity shall not be made for any calendar month in which he becomes or is 65 years of age or over until such individual so relinquishes such rights. [12 F.R. 1137, Feb. 19, 1947]

§ 216.4 What constitutes relinquishment of rights.

An individual shall be deemed to have relinquished his rights to return to the service of any employer, whether or not under the act, whenever it is established to the satisfaction of the Board:

(a) That the records of such employer evidence that, because of some action taken by the employer, all rights which the individual may have had no longer exist; or

(b) That such individual has by a written or oral notice communicated to the employer a clear and unambiguous intention thereby to terminate any and all rights to return to the service of such employer (such relinquishment of rights shall be presumed to have occurred whenever such individual has certified to the Board that he has relinquished his rights to return to service, the employer has been notified by the Board of such certification, and the employer has expressly confirmed such certification or has failed to reply within ten days following the mailing of the notification);

or

(c) That there has been communicated to the employer by a duly authorized agent of the individual a clear and unambiguous intention on the part of the individual thereby to terminate any and all rights to return to the service of such employer; or

(d) That the individual has died; or

(e) That some events have occurred which under the established rules or practices in effect on the employer automatically terminate all rights to return to service; or

(f) That some cognizable action has been taken by the individual or his employer or by both which when considered in the light of the facts and circumstances of the particular case clearly and unambiguously manifest a termination of all rights to return to service; or

(g) That the individual has permanently ceased service in the event no rights to return to the position exist.

14 F.R. 1487, Apr. 7, 1939, as amended by Board Order 60-7, 25 F.R. 865, Feb. 2, 1960]

Sec. 217.1

217.2

217.3 217.4

217.5

Statutory provisions.

Loss of annuity for month in which compensated service is rendered. Loss of disability annuity because of earnings and penalties.

Limit of loss of disability annuity

because of earnings and penalties. Exception concerning service to a local lodge or division.

AUTHORITY: The provisions of this Part 217 issued under secs. 2, 10, 50 Stat. 309, as amended, 314, as amended; 45 U.S.C. 228b, 2281.

§ 217.1 Statutory provisions.

No annuity shall be paid with respect to any month in which an individual in re

tions were performed by an employer on August 29, 1935.

(b) Place of performance of service. Service performed for an employer shall be creditable whether rendered within or without the United States, if such employer conducts the principal part of its business within the United States; but if an employer other than a local lodge or division or a general committee of a railway labor organization, does not conduct the principal part of its business within the United States, service to such an employer shall be creditable only when performed by the employee within the United States. Service performed for a local lodge or division or for a general committee of a railway labor organization shall be creditable in accordance with § 203.5 (b) and (c) of this chapter. Service rendered outside the United States by an individual not a citizen or resident of the United States to an employer who is required under the laws applicable in the place where the service is rendered to employ therein, in whole or in part, citizens or residents thereof is not creditable.

(c) Service based on time lost. Any month during which an individual performs no active creditable service, but for all or part of which he received remuneration as an employee, which remuneration is creditable as compensation within the meaning of Part 222 of this chapter shall be creditable in the same manner as active service.

(d) Service prior to January 1, 1937. If an individual was not an employee on August 29, 1935, no service prior to January 1, 1937, shall be creditable.

(e) Service prior to January 1, 1937, where individual was employee on August 29, 1935. Service performed prior to January 1, 1937, by an individual who was an employee on August 29, 1935, shall be creditable in the manner and to the extent provided in paragraph (f) of this section but not so as to cause the total years of service to exceed 30: Provided, however, That with respect to any such individual who rendered service to any employer after January 1, 1937, and who on August 29, 1935, was not an employee of an employer conducting the principal part of its business in the United States no greater proportion of bis service rendered prior to January 1, 37, shall be included in his "years of vice" then the proportion which his ation (without regard to on the amount of com

pensation otherwise provided in the act) for service after January 1, 1937, rendered anywhere to an employer conducting the principal part of its business in the United States or rendered in the United States to any other employer bears to his total compensation (without regard to any limitation on the amount of compensation otherwise provided in the act) for service rendered anywhere to an employer after January 1, 1937.

(f) Service subsequent to December 31, 1936. All service rendered as an employee after December 31, 1936, including service performed after age 65 is attained, shall be creditable even in excess of 30 years: Provided, however, That in any case in which both service prior to January 1, 1937, and service subsequent to December 31, 1936, are to be credited, all service subsequent to December 31, 1936, shall first be credited, and if it be less than 30 years, then service prior to January 1, 1937, shall be included, but only to an extent sufficient to bring the total of all years of service to 30: Provided further, That whenever service prior to January 1, 1937, is to be included it shall be taken in reverse order.

(g) Service performed subsequent to the beginning date of an annuity. Service rendered as an employee after the beginning date of an annuity shall be creditable toward any annuity under Part 208 of this chapter, and such annuity may be recomputed because of such additional service: Provided, That an application for recomputation is filed as prescribed in § 225.11 (a) of this chapter: Provided further, That such recomputation will not result in a decrease in such annuity. If such annuity was granted upon the basis of disability and the disability annuity ceased before the annuitant attained age 65, an application for recomputation shall not be required.

(h) Service as employee representative. Service rendered as an employee representative, as defined in § 205.2 of this chapter, shall be creditable in the same manner and to the same extent as though the organization by which he was employed were an employer.

(1) Service after December 31, 1936, to a local lodge or division. Service rendered in any month after December 31, 1936, to a local lodge or division of a railway-labor-organization employer with respect to which service an individual would be an employee within the