Title 20 - Employees' Benefits

• CHAPTER I - OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR
• SUBCHAPTER A - ORGANIZATION AND PROCEDURES
• PART 1 - PERFORMANCE OF FUNCTIONS
• § 1.1 Under what authority does the Office of Workers' Compensation Programs operate?
• § 1.2 What functions are assigned to OWCP?
• § 1.3 What rules are contained in this chapter?
• § 1.4 Where are other rules concerning OWCP functions found?
• § 1.5 When was the former Bureau of Employees' Compensation abolished?
• § 1.6 How were many of OWCP's current functions administered in the past?
• SUBCHAPTER B - FEDERAL EMPLOYEES' COMPENSATION ACT
• PART 10 - CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION ACT, AS AMENDED
• Subpart C - Continuation of Pay
• § 10.200 What is continuation of pay?
• Subpart G - Appeals Process
• § 10.600 How can final decisions of OWCP be reviewed?
• Subpart J - Death Gratuity
• § 10.900 What is the death gratuity under this subpart?
• § 10.901 Which employees are covered under this subpart?
• § 10.902 Does every employee's death due to injuries incurred in connection with his or her service with an Armed Force in a contingency operation qualify for the death gratuity?
• § 10.903 Is the death gratuity payment applicable retroactively?
• § 10.904 Does a death as a result of occupational disease qualify for payment of the death gratuity?
• § 10.905 If an employee incurs a covered injury in connection with his or her service with an Armed Force in a contingency operation but does not die of the injury until years later, does the death qualify for payment of the death gratuity?
• § 10.906 What special statutory definitions apply to survivors under this subpart?
• § 10.907 What order of precedence will OWCP use to determine which survivors are entitled to receive the death gratuity payment under this subpart?
• § 10.908 Can an employee designate alternate beneficiaries to receive a portion of the death gratuity payment?
• § 10.909 How does an employee designate a variation in the order or percentage of gratuity payable to survivors and how does the employee designate alternate beneficiaries?
• § 10.910 What if a person entitled to a portion of the death gratuity payment dies after the death of the covered employee but before receiving his or her portion of the death gratuity?
• § 10.911 How is the death gratuity payment process initiated?
• § 10.912 What is required to establish a claim for the death gratuity payment?
• § 10.913 In what situations will OWCP consider that an employee incurred injury in connection with his or her service with an Armed Force in a contingency operation?
• § 10.914 What are the responsibilities of the employing agency in the death gratuity payment process?
• § 10.915 What are the responsibilities of OWCP in the death gratuity payment process?
• § 10.916 How is the amount of the death gratuity calculated?
• PART 25 - COMPENSATION FOR DISABILITY AND DEATH OF NONCITIZEN FEDERAL EMPLOYEES OUTSIDE THE UNITED STATES
• Subpart A - General Provisions
• § 25.1 How are claims of Federal employees who are neither citizens nor residents adjudicated?
• § 25.2 In general, what is the Director's policy regarding such claims?
• § 25.3 What is the authority to settle and pay such claims?
• § 25.4 What type of evidence is required to establish a claim under this part?
• § 25.5 How does OWCP adjudicate claims of non-citizen residents of possessions or territories?
• Subpart B - The Special Schedule of Compensation
• § 25.100 What general provisions does OWCP apply to the Special Schedule?
• § 25.101 How is compensation for disability paid?
• § 25.102 How is compensation for death of a non-citizen non-resident employee paid?
• Subpart C - Extensions of the Special Schedule of Compensation
• § 25.200 How is the Special Schedule applied for employees in the Republic of the Philippines?
• § 25.201 How is the Special Schedule applied for employees in Australia?
• § 25.202 How is the Special Schedule applied for Japanese seamen?
• § 25.203 How is the Special Schedule applied to non-resident aliens in the Territory of Guam?
• SUBCHAPTER C - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000
• PART 30 - CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED
• Subpart D - Adjudicatory Process
• § 30.300 What process will OWCP use to decide claims for entitlement and to provide for administrative review of those decisions?
• § 30.301 May subpoenas be issued for witnesses and documents in connection with a claim under Part B of EEOICPA?
• § 30.302 Who pays the costs associated with subpoenas?
• § 30.303 What information may OWCP request in connection with a claim under Part E of EEOICPA?
• SUBCHAPTER F - COMPENSATION FOR INJURY, DISABILITY, DEATH, OR ENEMY DETENTION OF EMPLOYEES OF CONTRACTORS WITH THE UNITED STATES
• PART 61 - CLAIMS FOR COMPENSATION UNDER THE WAR HAZARDS COMPENSATION ACT, AS AMENDED
• Subpart A - General Provisions
• § 61.1 Statutory provisions
• § 61.2 Administration of the Act and this chapter.
• § 61.3 Purpose and scope of this part.
• § 61.4 Definitions and use of terms.
• Subpart B - Reimbursement of Carriers
• § 61.100 General reimbursement provisions.
• § 61.101 Filing a request for reimbursement.
• § 61.102 Disposition of reimbursement requests.
• § 61.103 Examination of records of carrier.
• § 61.104 Reimbursement of claims expense.
• § 61.105 Direct payment of benefits.
• Subpart C - Compensation for Injury, Disability or Death
• § 61.200 Entitlement to benefits.
• § 61.201 Filing of notice and claim.
• § 61.202 Time limitations for filing notice and claim.
• § 61.203 Limitations on and deductions from benefits.
• § 61.204 Furnishing of medical treatment.
• § 61.205 Burial expense.
• § 61.206 Reports by employees and dependents.
• Subpart D - Detention Benefits
• § 61.300 Payment of detention benefits.
• § 61.301 Filing a claim for detention benefits.
• § 61.302 Time limitations for filing a claim for detention benefits.
• § 61.303 Determination of detention status.
• § 61.304 Limitations on and deductions from detention benefits.
• § 61.305 Responsibilities of dependents receiving detention benefits.
• § 61.306 Transportation of persons released from detention and return of employees.
• § 61.307 Transportation of recovered bodies of missing persons.
• Subpart E - Miscellaneous Provisions
• § 61.400 Custody of records relating to claims under the War Hazards Compensation Act.
• § 61.401 Confidentiality of records.
• § 61.402 Protection, release, inspection and copying of records.
• § 61.403 Approval of claims for legal and other services.
• § 61.404 Assignments; creditors.
• SUBCHAPTER G - COMPENSATION FOR INJURY, DISABILITY OR DEATH OF CIVILIAN AMERICAN CITIZENS INCURRED WHILE DETAINED BY OR IN HIDING FROM THE IMPERIAL JAPANESE GOVERNMENT
• PART 71 - GENERAL PROVISIONS
• § 71.1 General administrative provisions.
• § 71.2 Computation of benefits.
• § 71.3 Deductions from benefits.
• § 71.4 Limitation upon benefits.
• § 71.5 Payment of benefits.
• § 71.6 Notice of injury or death.
• § 71.7 Claim filing, processing, adjudication and time limits.
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• CHAPTER II - RAILROAD RETIREMENT BOARD
• SUBCHAPTER A - GENERAL ADMINISTRATION
• PART 200 - GENERAL ADMINISTRATION
• § 200.1 Designation of central and field organization.
• § 200.2 The general course and method by which the Board's functions are channeled and determined.
• § 200.3 Obtaining forms from the Railroad Retirement Board.
• § 200.4 Availability of information to public.
• § 200.5 Protection of privacy of records maintained on individuals.
• § 200.6 Open meetings.
• § 200.7 Assessment or waiver of interest, penalties, and administrative costs with respect to collection of certain debts.
• § 200.8 Disclosure of information obtained in the administration of the Railroad Retirement Act and the Railroad Unemployment Insurance Act.
• § 200.9 Selection of members of Actuarial Advisory Committee.
• § 200.10 Representatives of applicant or beneficiaries.
• SUBCHAPTER B - REGULATIONS UNDER THE RAILROAD RETIREMENT ACT
• PART 201 - DEFINITIONS
• § 201.1 Words and phrases.
• PART 202 - EMPLOYERS UNDER THE ACT
• § 202.1 Statutory provisions.
• § 202.2 Company or person principally engaged in carrier business.
• § 202.3 Company or person principally engaged in non-carrier business.
• § 202.4 Control.
• § 202.5 Company or person under common control.
• § 202.6 Casual service and the casual operation of equipment or facilities.
• § 202.7 Service or operation in connection with railroad transportation.
• § 202.8 Controlled company or person principally engaged in service or operation in connection with railroad transportation.
• § 202.9 Controlled company or person not principally engaged in service or operation in connection with railroad transportation.
• § 202.10 Commencement of employer status of receiver or trustee, etc.
• § 202.11 Termination of employer status.
• § 202.12 Evidence of termination of employer status.
• § 202.13 Electric railways.
• § 202.14 Service incidental to railroad transportation.
• § 202.15 Railway labor organizations.
• PART 203 - EMPLOYEES UNDER THE ACT
• § 203.1 Statutory provisions.
• § 203.2 General definition of employee.
• § 203.3 When an individual is performing service for an employer.
• § 203.4 When service is compensated.
• § 203.5 Service outside the United States.
• § 203.6 Age, citizenship, and other factors.
• § 203.7 Local lodge employee.
• PART 204 - EMPLOYMENT RELATION
• § 204.1 Introduction.
• § 204.2 Employment relation - determination by the Board.
• § 204.3 Employment relation - prior service.
• § 204.4 Conditions which preclude an employment relation.
• § 204.5 Employment relation - deemed service.
• § 204.6 Employment relation - pay for time lost.
• § 204.7 Employment relation - service to a local lodge or division of a railway labor organization.
• PART 205 - EMPLOYEE REPRESENTATIVE
• § 205.1 Introduction.
• § 205.2 Definition of employee representative.
• § 205.3 Factors considered in determining employee representative status.
• § 205.4 Claiming status as an employee representative.
• § 205.5 Reports of an employee representative.
• § 205.6 Service of an employee representative.
• § 205.7 Termination of employee representative status.
• PART 206 - ACCOUNT BENEFITS RATIO
• § 206.1 Definitions.
• § 206.2 Computation.
• PART 209 - RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES
• § 209.1 General.
• § 209.2 Duty to furnish information and records.
• § 209.3 Social security number required.
• § 209.4 Method of filing.
• § 209.5 Information regarding change in status.
• § 209.6 Employers' notice of death of employees.
• § 209.7 Employers' supplemental reports of service.
• § 209.8 Employers' annual reports of creditable service and compensation.
• § 209.9 Employers' adjustment reports.
• § 209.10 Terminated employers' reports.
• § 209.11 Employee representatives' reports.
• § 209.12 Certificates of service months and compensation.
• § 209.13 Employers' gross earnings reports.
• § 209.14 Report of separation allowances subject to tier II taxation.
• § 209.15 Compensation reportable when paid.
• § 209.16 Disposal of payroll records.
• § 209.17 Use of payroll records as returns of compensation.
• PART 210 - CREDITABLE RAILROAD SERVICE
• § 210.1 General.
• § 210.2 Definition of service.
• § 210.3 Month of service.
• § 210.4 Year of service.
• § 210.5 Creditability of service.
• § 210.6 Service credited for creditable military service.
• § 210.7 Verification of service claimed.
• PART 211 - CREDITABLE RAILROAD COMPENSATION
• § 211.1 General.
• § 211.2 Definition of compensation.
• § 211.3 Compensation paid for time lost.
• § 211.4 Vacation pay.
• § 211.5 Employee representative compensation.
• § 211.6 Compensation based on waiver or refund of organization dues.
• § 211.7 Compensation credited for creditable military service.
• § 211.8 Displacement allowance.
• § 211.9 Dismissal allowance.
• § 211.10 Separation allowance or severance pay.
• § 211.11 Miscellaneous pay.
• § 211.12 Compensation credited for title VII benefits.
• § 211.13 Payments made after death.
• § 211.14 Maximum creditable compensation.
• § 211.15 Verification of compensation claimed.
• § 211.16 Finality of records of compensation.
• PART 212 - MILITARY SERVICE
• § 212.1 General.
• § 212.2 Military service defined.
• § 212.3 Crediting of military service.
• § 212.4 Periods of creditable military service.
• § 212.5 Verification of military service.
• § 212.6 Board's determination for use of military service.
• PART 216 - ELIGIBILITY FOR AN ANNUITY
• Subpart A - General
• § 216.1 Introduction.
• § 216.2 Definitions.
• § 216.3 Other regulations related to this part.
• Subpart B - Current Connection With the Railroad Industry
• § 216.11 General.
• § 216.12 When current connection is required.
• § 216.13 Regular current connection test.
• § 216.14 Regular non-railroad employment that will not break a current connection.
• § 216.15 Special current connection test.
• § 216.16 What is regular non-railroad employment.
• § 216.17 What amount of regular non-railroad employment will break a current connection.
• Subpart C - Railroad and Last Non-Railroad Employment
• § 216.21 General.
• § 216.22 Work as an employee which affects payment.
• § 216.23 Work which does not affect eligibility.
• § 216.24 Relinquishment of rights to return to work.
• Subpart D - Employee Annuity
• § 216.30 General.
• § 216.31 Who is eligible for an age annuity.
• § 216.32 Who is eligible for a disability annuity.
• § 216.33 What is required for payment of an age or disability annuity.
• Subpart E - Supplemental Annuity
• § 216.40 General.
• § 216.41 Who is entitled to a supplemental annuity.
• § 216.42 How a private railroad pension affects a supplemental annuity.
• § 216.43 Effect of a supplemental annuity on other benefits.
• Subpart F - Spouse and Divorced Spouse Annuities
• § 216.50 General.
• § 216.51 Who is eligible for a spouse annuity.
• § 216.52 Who is eligible for an annuity as a divorced spouse.
• § 216.53 What is required for payment.
• § 216.54 Who is an employee's wife or husband.
• Subpart G - Widow(er), Surviving Divorced Spouse, and Remarried Widow(er) Annuities
• § 216.60 General.
• § 216.61 Who is eligible for an annuity as a widow(er).
• § 216.62 Who is eligible for an annuity as a surviving divorced spouse.
• § 216.63 Who is eligible for an annuity as a remarried widow(er).
• § 216.64 What is required for payment.
• § 216.65 Who is an employee's widow(er).
• § 216.66 Who is an employee's surviving divorced spouse.
• § 216.67 “Child in care.”
• § 216.68 Disability period for widow(er), surviving divorced spouse, or remarried widow(er).
• Subpart H - Child's Annuity
• § 216.70 General.
• § 216.71 Who is eligible for a child's annuity.
• § 216.72 What is required for payment of a child's annuity.
• § 216.73 Who may be re-entitled to a child's annuity.
• § 216.74 When a child is a full-time elementary or secondary school student.
• § 216.75 When a child is a full-time student during a period of non-attendance.
• Subpart I - Parent's Annuity
• § 216.80 General.
• § 216.81 Who is eligible for a parent's annuity.
• § 216.82 What is required for payment.
• Subpart J - Eligibility for More Than One Annuity
• § 216.90 General.
• § 216.91 Entitlement as an employee and spouse, divorced spouse, or survivor.
• § 216.92 Entitlement as a spouse or divorced spouse and as a survivor.
• § 216.93 Entitlement to more than one survivor annuity.
• § 216.94 Entitlement to more than one divorced spouse annuity.
• PART 217 - APPLICATION FOR ANNUITY OR LUMP SUM
• Subpart A - General
• § 217.1 Introduction.
• § 217.2 Definitions.
• § 217.3 Need to file an application.
• Subpart B - Applications
• § 217.5 When an application is a claim for an annuity or lump sum.
• § 217.6 What is an application filed with the Board.
• § 217.7 Claim filed with the Social Security Administration.
• § 217.8 When one application satisfies the filing requirement for other benefits.
• § 217.9 Effective period of application.
• § 217.10 Application filed after death.
• § 217.11 “Good cause” for delay in filing application.
• Subpart C - Filing An Application
• § 217.15 Where to file.
• § 217.16 Filing date.
• § 217.17 What is an acceptable signature.
• § 217.18 When application is not acceptable.
• § 217.19 Representative of the claimant selected after application is filed.
• § 217.20 When a written statement is used to establish the filing date.
• § 217.21 Deterred from filing.
• Subpart D - Cancellation of Application
• § 217.25 Who may cancel an application.
• § 217.26 How to cancel an application.
• § 217.27 Effect of cancellation.
• Subpart E - Denial of Application
• § 217.30 Reasons for denial of application.
• § 217.31 Applicant's right to appeal denial.
• PART 218 - ANNUITY BEGINNING AND ENDING DATES
• Subpart A - General
• § 218.1 Introduction.
• § 218.2 Definitions.
• § 218.3 When an employee disappears.
• Subpart B - When an Annuity Begins
• § 218.5 General rules.
• § 218.6 How to choose an annuity beginning date.
• § 218.7 When chosen annuity beginning date is more than three months after filing date.
• § 218.8 When an individual may change the annuity beginning date.
• § 218.9 When an employee annuity begins.
• § 218.10 When a supplemental annuity begins.
• § 218.11 When a spouse annuity begins.
• § 218.12 When a divorced spouse annuity begins.
• § 218.13 When a widow(er) annuity begins.
• § 218.14 When a child annuity begins.
• § 218.15 When a parent annuity begins.
• § 218.16 When a surviving divorced spouse annuity begins.
• § 218.17 When a remarried widow(er) annuity begins.
• Subpart C - How Work and Special Payments Affect an Employee, Spouse, or Divorced Spouse Annuity Beginning Date
• § 218.25 Introduction.
• § 218.26 Work started after annuity beginning date.
• § 218.27 Vacation pay.
• § 218.28 Sick pay.
• § 218.29 Pay for time lost.
• § 218.30 Separation, displacement or dismissal allowance.
• Subpart D - When an Annuity Ends
• § 218.35 When an employee age annuity ends.
• § 218.36 When an employee disability annuity ends.
• § 218.37 When a supplemental annuity ends.
• § 218.38 When a spouse annuity ends.
• § 218.39 When a divorced spouse annuity ends.
• § 218.40 When a widow(er) annuity ends.
• § 218.41 When a child annuity ends.
• § 218.42 When a parent annuity ends.
• § 218.43 When a surviving divorced spouse annuity ends.
• § 218.44 When a remarried widow(er) annuity ends.
• PART 219 - EVIDENCE REQUIRED FOR PAYMENT
• Subpart A - General Evidence Requirements
• § 219.1 Introduction.
• § 219.2 Definitions.
• § 219.3 When evidence is required.
• § 219.4 Who is responsible for furnishing evidence.
• § 219.5 Where and how to provide evidence.
• § 219.6 Records as evidence.
• § 219.7 How the Board decides what is convincing evidence.
• § 219.8 Preferred evidence and other evidence.
• § 219.9 Evidence, information, and records filed with the Board.
• Subpart B - Evidence of Age and Death
• § 219.20 When evidence of age is required.
• § 219.21 Types of evidence to prove age.
• § 219.22 When evidence of death is required.
• § 219.23 Evidence to prove death.
• § 219.24 Evidence of presumed death.
• Subpart C - Evidence of Relationship
• § 219.30 When evidence of marriage is required.
• § 219.31 Evidence of a valid ceremonial marriage.
• § 219.32 Evidence of a common-law marriage.
• § 219.33 Evidence of a deemed valid marriage.
• § 219.34 When evidence that a marriage has ended is required.
• § 219.35 Evidence that a marriage has ended.
• § 219.36 When evidence of a parent or child relationship is required.
• § 219.37 Evidence of natural parent or child relationship.
• § 219.38 Evidence of stepparent or stepchild relationship.
• § 219.39 Evidence of relationship by legal adoption - parent or child.
• § 219.40 Evidence of relationship by equitable adoption - child.
• § 219.41 Evidence of relationship of grandchild or stepgrandchild.
• § 219.42 When evidence of child's dependency is required.
• § 219.43 Evidence of child's dependency.
• § 219.44 Evidence of relationship of a person other than a parent or child.
• Subpart D - Other Evidence Requirements
• § 219.50 When evidence of “living with” is required.
• § 219.51 Evidence to prove “living with”.
• § 219.52 When evidence of having a child in care is required.
• § 219.53 Evidence of having a child in care.
• § 219.54 When evidence of school attendance is required.
• § 219.55 Evidence of school attendance for child age 18.
• § 219.56 When evidence of a parent's support is required.
• § 219.57 Evidence of a parent's support.
• § 219.58 When evidence regarding payment of burial expenses is required.
• § 219.59 Evidence of responsibility for or payment of burial expenses.
• § 219.60 When evidence of the employee's permanent home is required.
• § 219.61 Evidence of where the employee had a permanent home.
• § 219.62 When evidence of “good cause” is required.
• § 219.63 What evidence is required to establish “good cause”.
• § 219.64 When evidence may be required for other reasons.
• § 219.65 Other types of evidence that may be required.
• PART 220 - DETERMINING DISABILITY
• Subpart A - General
• § 220.1 Introduction of part.
• § 220.2 The basis for the Board's disability decision.
• § 220.3 Determinations by other organizations and agencies.
• Subpart B - General Definitions of Terms Used in This Part
• § 220.5 Definitions as used in this part.
• Subpart C - Disability Under the Railroad Retirement Act for Work in an Employee's Regular Railroad Occupation
• § 220.10 Disability for work in an employee's regular railroad occupation.
• § 220.11 Definitions as used in this subpart.
• § 220.12 Evidence considered.
• § 220.13 Establishment of permanent disability for work in regular railroad occupation.
• § 220.14 Weighing of evidence.
• § 220.15 Effects of work on occupational disability.
• § 220.16 Responsibility to notify the Board of events which affect disability.
• § 220.17 Recovery from disability for work in the regular occupation.
• § 220.18 The reentitlement period.
• § 220.19 Payment of the disability annuity during the trial work period and the reentitlement period.
• § 220.20 Notice that an annuitant is no longer disabled.
• § 220.21 Initial evaluation of a previous occupational disability.
• Subpart D - Disability Under the Railroad Retirement Act for Any Regular Employment
• § 220.25 General.
• § 220.26 Disability for any regular employment, defined.
• § 220.27 What is needed to show an impairment.
• § 220.28 How long the impairment must last.
• § 220.29 Work that is considered substantial gainful activity.
• § 220.30 Special period required for eligibility of widow(er)s.
• Subpart E - Disability Determinations Governed by the Regulations of the Social Security Administration
• § 220.35 Introduction.
• § 220.36 Period of disability.
• § 220.37 When a child's disability determination is governed by the regulations of the Social Security Administration.
• § 220.38 When a widow(er)'s disability determination is governed by the regulations of the Social Security Administration.
• § 220.39 Disability determination for a surviving divorced spouse or remarried widow(er).
• Subpart F - Evidence of Disability
• § 220.45 Providing evidence of disability.
• § 220.46 Medical evidence.
• § 220.47 Purchase of existing medical evidence.
• § 220.48 If the claimant fails to submit medical or other evidence.
• Subpart G - Consultative Examinations
• § 220.50 Consultative examinations at the Board's expense.
• § 220.51 Notice of the examination.
• § 220.52 Failure to appear at a consultative examination.
• § 220.53 When the Board will purchase a consultative examination and how it will be used.
• § 220.54 When the Board will not purchase a consultative examination.
• § 220.55 Purchase of consultative examinations at the reconsideration level.
• § 220.56 Securing medical evidence at the hearings officer hearing level.
• § 220.57 Types of purchased examinations and selection of sources.
• § 220.58 Objections to the designated physician or psychologist.
• § 220.59 Requesting examination by a specific physician, psychologist or institution - hearings officer hearing level.
• § 220.60 Diagnostic surgical procedures.
• § 220.61 Informing the examining physician or psychologist of examination scheduling, report content and signature requirements.
• § 220.62 Reviewing reports of consultative examinations.
• § 220.63 Conflict of interest.
• § 220.64 Program integrity.
• Subpart H - Evaluation of Disability
• § 220.100 Evaluation of disability for any regular employment.
• § 220.101 Evaluation of mental impairments.
• § 220.102 Non-severe impairment(s), defined.
• § 220.103 Two or more unrelated impairments - initial claims.
• § 220.104 Multiple impairments.
• § 220.105 Initial evaluation of a previous disability.
• Subpart I - Medical Considerations
• § 220.110 Medically disabled.
• § 220.111 [Reserved]
• § 220.112 Conclusions by physicians concerning the claimant's disability.
• § 220.113 Symptoms, signs, and laboratory findings.
• § 220.114 Evaluation of symptoms, including pain.
• § 220.115 Need to follow prescribed treatment.
• Subpart J - Residual Functional Capacity
• § 220.120 The claimant's residual functional capacity.
• § 220.121 Responsibility for assessing and determining residual functional capacity.
• Subpart K - Vocational Considerations
• § 220.125 When vocational background is considered.
• § 220.126 Relationship of ability to do work and residual functional capacity.
• § 220.127 When the only work experience is arduous unskilled physical labor.
• § 220.128 Age as a vocational factor.
• § 220.129 Education as a vocational factor.
• § 220.130 Work experience as a vocational factor.
• § 220.131 Work which exists in the national economy.
• § 220.132 Physical exertion requirements.
• § 220.133 Skill requirements.
• § 220.134 Medical-vocational guidelines in appendix 2 of this part.
• § 220.135 Exertional and nonexertional limitations.
• Subpart L - Substantial Gainful Activity
• § 220.140 General.
• § 220.141 Substantial gainful activity, defined.
• § 220.142 General information about work activity.
• § 220.143 Evaluation guides for an employed claimant.
• § 220.144 Evaluation guides for a self-employed claimant.
• § 220.145 Impairment-related work expenses.
• Subpart M - Disability Annuity Earnings Restrictions
• § 220.160 How work for a railroad employer affects a disability annuity.
• § 220.161 How work affects an employee disability annuity.
• § 220.162 Earnings report.
• § 220.163 Employee penalty deductions.
• § 220.164 Employee end-of-year adjustment.
• Subpart N - Trial Work Period and Reentitlement Period for Annuitants Disabled for Any Regular Employment
• § 220.170 The trial work period.
• § 220.171 The reentitlement period.
• Subpart O - Continuing or Stopping Disability Due to Substantial Gainful Activity or Medical Improvement
• § 220.175 Responsibility to notify the Board of events which affect disability.
• § 220.176 When disability continues or ends.
• § 220.177 Terms and definitions.
• § 220.178 Determining medical improvement and its relationship to the annuitant's ability to do work.
• § 220.179 Exceptions to medical improvement.
• § 220.180 Determining continuation or cessation of disability.
• § 220.181 The month in which the Board will find that the annuitant is no longer disabled.
• § 220.182 Before a disability annuity is stopped.
• § 220.183 Notice that the annuitant is not disabled.
• § 220.184 If the annuitant becomes disabled by another impairment(s).
• § 220.185 The Board may conduct a review to find out whether the annuitant continues to be disabled.
• § 220.186 When and how often the Board will conduct a continuing disability review.
• § 220.187 If the annuitant's medical recovery was expected and the annuitant returned to work.
• PART 221 - JURISDICTION DETERMINATIONS
• § 221.1 Introduction.
• § 221.2 Railroad Retirement Board jurisdiction.
• § 221.3 Social Security Administration jurisdiction.
• § 221.4 When a jurisdiction decision may be reversed.
• PART 222 - FAMILY RELATIONSHIPS
• Subpart A - General
• § 222.1 Introduction.
• § 222.2 Definitions.
• § 222.3 Other regulations related to this part.
• § 222.4 Homicide of employee.
• Subpart B - Relationship as Wife, Husband, or Widow(er)
• § 222.10 When determinations of relationship as wife, husband, widow or widower of employee are made.
• § 222.11 Determination of marriage relationship.
• § 222.12 Ceremonial marriage relationship.
• § 222.13 Common-law marriage relationship.
• § 222.14 Deemed marriage relationship.
• § 222.15 When spouse is living with employee.
• § 222.16 When spouse is living in the same household with employee.
• § 222.17 “Child in care” when child of the employee is living with the claimant.
• § 222.18 “Child in care” when child of the employee is not living with the claimant.
• Subpart C - Relationship as Divorced Spouse, Surviving Divorced Spouse, or Remarried Widow(er)
• § 222.20 When determination of relationship as divorced spouse, surviving divorced spouse, or remarried widow(er) is made.
• § 222.21 When marriage is terminated by final divorce.
• § 222.22 Relationship as divorced spouse.
• § 222.23 Relationship as surviving divorced spouse.
• § 222.24 Relationship as remarried widow(er).
• Subpart D - Relationship as Child
• § 222.30 When determinations of relationship as child are made.
• § 222.31 Relationship as child for annuity and lump-sum payment purposes.
• § 222.32 Relationship as a natural child.
• § 222.33 Relationship resulting from legal adoption.
• § 222.34 Relationship resulting from equitable adoption.
• § 222.35 Relationship as stepchild.
• § 222.36 Relationship as grandchild or stepgrandchild.
• Subpart E - Relationship as Parent, Grandchild, Brother or Sister
• § 222.40 When determinations of relationship are made for parent, grandchild, brother or sister.
• § 222.41 Determination of relationship and support for parent.
• § 222.42 When employee is contributing to support.
• § 222.43 How the one-half support determination is made.
• § 222.44 Other relationship determinations for lump-sum payments.
• Subpart F - Child Support and Dependency
• § 222.50 When child dependency determinations are made.
• § 222.51 When a natural child is dependent.
• § 222.52 When a legally adopted child is dependent - general.
• § 222.53 When a legally adopted child is dependent - child adopted after entitlement.
• § 222.54 When a legally adopted child is dependent - grandchild or stepgrandchild adopted after entitlement.
• § 222.55 When a stepchild is dependent.
• § 222.56 When a grandchild or stepgrandchild is dependent.
• § 222.57 When an equitably adopted child is dependent.
• § 222.58 When a child is living with an employee.
• PART 225 - PRIMARY INSURANCE AMOUNT DETERMINATIONS
• Subpart A - General
• § 225.1 Introduction.
• § 225.2 Definitions.
• § 225.3 PIA computation formulas.
• § 225.4 Limitation on amount of earnings used to compute a PIA.
• Subpart B - PIA's Used in Computing Employee, Spouse and Divorced Spouse Annuities
• § 225.10 General.
• § 225.11 Tier I PIA.
• § 225.12 Combined Earnings Dual Benefit PIA.
• § 225.13 Social Security Earnings Dual Benefit PIA.
• § 225.14 Railroad Earnings Dual Benefit PIA.
• § 225.15 Overall Minimum PIA.
• Subpart C - PIA's Used in Computing Survivor Annuities and the Amount of the Residual Lump-Sum Payable
• § 225.20 General.
• § 225.21 Survivor Tier I PIA.
• § 225.22 Employee RIB PIA used in survivor annuities.
• § 225.23 Combined Earnings PIA used in survivor annuities.
• § 225.24 SS Earnings PIA used in survivor annuities.
• § 225.25 RR Earnings PIA used in survivor annuities.
• § 225.26 Residual Lump-Sum PIA.
• Subpart D - Delayed Retirement Credits
• § 225.30 General.
• § 225.31 PIA's to which DRC's are added.
• § 225.32 DRC's and the Special Minimum PIA.
• § 225.33 Months for which DRC's are due.
• § 225.34 How the amount of the DRC is figured.
• § 225.35 When a PIA used in computing a retirement annuity can be increased for DRC's.
• § 225.36 Effect of DRC's on survivor annuities.
• Subpart E - Cost-of-Living Increases
• § 225.40 General.
• § 225.41 How a cost-of-living increase is determined and applied.
• § 225.42 Notice of the percentage amount of a cost-of-living increase.
• § 225.43 PIA's subject to cost-of-living increases.
• § 225.44 When a cost-of-living increase is payable.
• Subpart F - Recomputing PIA's
• § 225.50 General.
• § 225.51 PIA's that are subject to recomputation.
• § 225.52 Reasons for recomputing a PIA.
• § 225.53 Recomputation to consider additional earnings.
• § 225.54 Recomputation when an employee is eligible for periodic pension payments based on other than railroad or social security earnings.
• § 225.55 Recomputation to use a new or different PIA formula.
• § 225.56 Automatic recomputation.
• § 225.57 Requesting a recomputation.
• § 225.58 Waiver of recomputation.
• Subpart G - Adjusting PIA's
• § 225.60 Adjustment at age 62 when employee is entitled to an annuity based on 30 years of railroad service.
• PART 226 - COMPUTING EMPLOYEE, SPOUSE, AND DIVORCED SPOUSE ANNUITIES
• Subpart A - General
• § 226.1 Introduction.
• § 226.2 Definitions.
• § 226.3 Other regulations related to this part.
• Subpart B - Computing an Employee Annuity
• § 226.10 Employee tier I.
• § 226.11 Employee tier II.
• § 226.12 Employee vested dual benefit.
• § 226.13 Cost-of-living increase in employee vested dual benefit.
• § 226.14 Employee regular annuity rate.
• § 226.15 Deductions from employee regular annuity rate.
• § 226.16 Supplemental annuity.
• Subpart C - Computing a Spouse or Divorced Spouse Annuity
• § 226.30 Spouse or divorced spouse tier I.
• § 226.31 Reduction for public pension.
• § 226.32 Spouse tier II.
• § 226.33 Spouse regular annuity rate.
• § 226.34 Divorced spouse regular annuity rate.
• § 226.35 Deductions from regular annuity rate.
• Subpart D - Railroad Retirement Family Maximum
• § 226.50 General.
• § 226.51 Maximum monthly amount.
• § 226.52 Total annuity subject to maximum.
• Subpart E - Years of Service and Average Monthly Compensation
• § 226.60 General.
• § 226.61 Use of military service.
• § 226.62 Computing average monthly compensation.
• § 226.63 Determining monthly compensation.
• Subpart F - Reduction for Workers' Compensation and Disability Benefits Under a Federal, State, or Local Law or Plan
• § 226.70 General.
• § 226.71 Initial reduction.
• § 226.72 Benefits that do not cause a reduction.
• § 226.73 Changes in reduction amount.
• § 226.74 Redetermination of reduction.
• Subpart G - Recomputation To Include Additional Railroad Service and Compensation
• § 226.90 When recomputation applies.
• § 226.91 How an employee annuity rate is recomputed.
• § 226.92 Effect of recomputation on spouse and divorced spouse annuity.
• PART 227 - COMPUTING SUPPLEMENTAL ANNUITIES
• § 227.1 Introduction.
• § 227.2 Initial supplemental annuity rate.
• § 227.3 Reduction for railroad retirement family maximum.
• § 227.4 Reduction for employer pension.
• § 227.5 Employer tax credits.
• PART 228 - COMPUTATION OF SURVIVOR ANNUITIES
• Subpart A - General
• § 228.1 Introduction.
• § 228.2 Tier I and tier II annuity components.
• Subpart B - The Tier I Annuity Component
• § 228.10 Computation of the tier I annuity component for a widow(er), disabled widow(er), remarried widow(er), and a surviving divorced spouse.
• § 228.11 Computation of the tier I annuity component of a widow(er) with a child in care, remarried widow(er) with a child in care, or a surviving divorced spouse with a child in care.
• § 228.12 Computation of the tier I annuity component of a child's insurance annuity.
• § 228.13 Computation of the tier I annuity component of a parent's insurance annuity.
• § 228.14 Family maximum.
• § 228.15 Reduction for age.
• § 228.16 Adjustments in the age reduction factor (ARF).
• § 228.17 Adjustments to the widow(er)'s, disabled widow(er)'s, surviving divorced spouse's, and remarried widow(er)'s tier I annuity amount.
• § 228.18 Reduction for public pension.
• § 228.19 Reduction for a social security benefit.
• § 228.20 Reduction for an employee annuity.
• § 228.21 Entitlement as a spouse or divorced spouse and as a survivor.
• § 228.22 Entitlement to more than one survivor annuity.
• § 228.23 Priority of reductions.
• § 228.40 Cost of living increase applicable to the tier I annuity component.
• Subpart C - The Tier II Annuity Component
• § 228.50 Tier II annuity component widow(er), child, or parent.
• § 228.51 Takeback amount.
• § 228.52 Restored amount.
• § 228.53 Spouse minimum guarantee.
• § 228.60 Cost-of-living increase.
• PART 229 - SOCIAL SECURITY OVERALL MINIMUM GUARANTEE
• Subpart A - General
• § 229.1 Introduction.
• § 229.2 Definitions.
• § 229.3 Other regulations related to this part.
• § 229.4 Applying for the overall minimum.
• Subpart B - Social Security Overall Minimum Guarantee Defined
• § 229.10 What the social security overall minimum guarantee is.
• § 229.11 100 percent overall minimum.
• Subpart C - Eligibility for Increase Under the Overall Minimum
• § 229.20 When an employee is eligible for an increase under the overall minimum.
• § 229.21 When a spouse is eligible for an increase under the overall minimum.
• § 229.22 Beginning date of increase under overall minimum.
• Subpart D - Family Members Included in Overall Minimum Computation
• § 229.30 Who can be included in the computation of an annuity under the overall minimum.
• § 229.31 When a spouse can be included in the computation of the overall minimum rate.
• § 229.32 When a child can be included in the computation of the overall minimum rate.
• § 229.33 When a divorced spouse can be included in the computation of the overall minimum rate.
• Subpart E - When Entitlement Under the Overall Minimum Ends
• § 229.40 When an annuity increase under the overall minimum ends.
• § 229.41 When a spouse can no longer be included in computing an annuity rate under the overall minimum.
• § 229.42 When a child can no longer be included in computing an annuity rate under the overall minimum.
• § 229.43 When a divorced spouse can no longer be included in computing an annuity under the overall minimum.
• Subpart F - Computation of the Overall Minimum Rate
• § 229.45 Employee benefit.
• § 229.46 Spouse or divorced spouse benefit.
• § 229.47 Child's benefit.
• § 229.48 Family maximum.
• § 229.49 Adjustment of benefits under family maximum for change in family group.
• § 229.50 Age reduction in employee or spouse benefit.
• § 229.51 Adjustment of age reduction.
• § 229.52 Age reduction when a reduced age O/M is effective before DIB O/M.
• § 229.53 Reduction for social security benefits on employee's wage record.
• § 229.54 Reduction for social security benefit paid to employee on another person's earnings record.
• § 229.55 Reduction for spouse social security benefit.
• § 229.56 Reduction for child's social security benefit.
• § 229.57 Reduction in spouse overall minimum benefit for employee annuity.
• § 229.58 Rounding of overall minimum amounts.
• Subpart G - Reduction for Worker's Compensation or Disability Benefits Under a Federal, State, or Local Law or Plan
• § 229.65 Initial reduction.
• § 229.66 Changes in reduction amount.
• § 229.67 Redetermination of reduction.
• § 229.68 Reduction of DIB O/M.
• Subpart H - Miscellaneous Deductions and Reductions
• § 229.80 Earnings restrictions.
• § 229.81 Refusal to accept vocational rehabilitation.
• § 229.82 Failure to have child in care.
• § 229.83 Deportation.
• § 229.84 Conviction for subversive activities.
• § 229.85 Substantial gainful activity by blind employee or child.
• Subpart I - Payment of Overall Minimum Rate
• § 229.90 Proportionate shares of overall minimum.
• § 229.91 Payment of the overall minimum for part of a month.
• PART 230 - MONTHS ANNUITIES NOT PAYABLE BY REASON OF WORK
• § 230.1 Statutory provisions.
• § 230.2 Loss of annuity for month in which compensated service is rendered.
• § 230.5 Exception concerning service to a local lodge or division.
• PART 233 - REDUCTION IN THE WINDFALL BENEFIT ANNUITY COMPONENT
• § 233.1 When reduction must be made.
• § 233.2 Computation of reduction.
• § 233.3 Reduction of retroactive and other similar payments.
• § 233.4 Reconsideration of the reduction computation.
• PART 234 - LUMP-SUM PAYMENTS
• Subpart A - General
• § 234.1 Introduction.
• § 234.2 Definitions.
• Subpart B - Lump-Sum Death Payment
• § 234.10 General.
• § 234.11 1974 Act lump-sum death payment.
• § 234.12 1937 Act lump-sum death payment.
• § 234.13 Payment to a funeral home.
• § 234.14 Payment to an equitably entitled person.
• § 234.15 When an employee's estate is entitled.
• § 234.16 When a widow(er) is eligible as an equitably entitled person.
• § 234.17 When an equitably entitled person's estate is payable.
• § 234.18 Payment of a deferred lump-sum to a widow(er).
• § 234.19 Effect of payment on future entitlement.
• § 234.20 Computation of the employee's 1937 Act LSDP basic amount.
• § 234.21 Definitions of “living with” and “living in the same household.”
• Subpart C - Annuities Due but Unpaid at Death
• § 234.30 General.
• § 234.31 Regular employee retirement and supplemental annuities.
• § 234.32 Spouse or divorced spouse annuities.
• § 234.33 Survivor annuities.
• § 234.34 When an entitled relative of the employee dies before receiving payment of a due but unpaid annuity.
• Subpart D - Residual Lump-Sum Payment
• § 234.40 General.
• § 234.41 Persons to whom an RLS is payable.
• § 234.42 How the employee may designate beneficiaries.
• § 234.43 Payment to designated beneficiaries.
• § 234.44 Payment to surviving relatives.
• § 234.45 Payment to the employee's estate.
• § 234.46 Amount of the RLS payable.
• § 234.47 Election of the RLS by a widow(er) or parent.
• § 234.48 Computation of the gross RLS amount.
• Subpart E - Lump-Sum Refund Payment
• § 234.50 General.
• § 234.51 Persons to whom a lump-sum refund payment is payable.
• § 234.52 Effect of payment on other benefits.
• § 234.53 Computation of the lump-sum refund payment.
• Subpart F - Tier II Separation Allowance Lump-Sum Payment
• § 234.55 General.
• § 234.56 Persons to whom a separation allowance lump-sum payment is payable.
• § 234.57 Effect of payment on other benefits.
• § 234.58 Computation of the separation allowance lump-sum payment.
• Subpart G - Miscellaneous
• § 234.60 Escheat.
• § 234.61 Assignment of interest by an eligible person.
• § 234.62 Effect of conviction of a felony on entitlement.
• PART 235 - PAYMENT OF SOCIAL SECURITY BENEFITS BY THE RAILROAD RETIREMENT BOARD
• § 235.1 Basis and purpose.
• § 235.2 Other regulations related to this part.
• § 235.3 Who is paid social security benefits by the Board.
• § 235.4 How the Board pays social security benefits.
• PART 243 - TRANSFER, ASSIGNMENT, OR WAIVER OF PAYMENTS
• § 243.1 Prohibition against garnishment.
• § 243.2 Legal process for the enforcement of child support and alimony obligations.
• § 243.3 Payments pursuant to court decree or court-approved property settlement.
• § 243.4 Taxation of benefits.
• § 243.5 Assignment of a portion of an annuity paid under the social security overall minimum provision.
• § 243.6 Waiver of annuity payments.
• PART 255 - RECOVERY OF OVERPAYMENTS
• § 255.1 Introduction.
• § 255.2 Overpayments.
• § 255.3 When overpayments are to be recovered.
• § 255.4 Persons from whom overpayments may be recovered.
• § 255.5 Recovery by cash payment.
• § 255.6 Recovery by setoff.
• § 255.7 Recovery by deduction in computation of death benefit.
• § 255.8 Recovery by adjustment in connection with subsequent payments.
• § 255.9 Individual enrolled under supplementary medical insurance plan.
• § 255.10 Waiver of recovery.
• § 255.11 Fault.
• § 255.12 When recovery is contrary to the purpose of the Railroad Retirement Act.
• § 255.13 When recovery is against equity or good conscience.
• § 255.14 Waiver not available when recovery can be made from accrual of social security benefits.
• § 255.15 Waiver to an estate.
• § 255.16 Administrative relief from recovery.
• § 255.17 Recovery of overpayments from a representative payee.
• § 255.18 Compromise of overpayments.
• § 255.19 Suspension or termination of the collection of overpayments.
• PART 258 - HEARINGS BEFORE THE BOARD OR DESIGNATED EXAMINERS
• § 258.1 Hearings.
• § 258.2 Witnesses.
• § 258.3 Application for witnesses.
• § 258.4 Service of subpoenas.
• § 258.5 Exhibits.
• § 258.6 Procedure when examiner appointed.
• § 258.7 Board decisions and opinions and dissenting opinions.
• PART 259 - INITIAL DETERMINATIONS AND APPEALS FROM INITIAL DETERMINATIONS WITH RESPECT TO EMPLOYER STATUS AND EMPLOYEE STATUS
• § 259.1 Initial determinations with respect to employer and employee status.
• § 259.2 Parties to determinations with respect to employer and employee status.
• § 259.3 Reconsideration of initial determinations with respect to employer or employee status.
• § 259.4 Authority to conduct investigations.
• § 259.5 Appeals from decisions of the Board.
• § 259.6 Finality of determinations issued under this part.
• PART 260 - REQUESTS FOR RECONSIDERATION AND APPEALS WITHIN THE BOARD
• § 260.1 Initial decisions.
• § 260.2 Initial decisions on the amount of service and compensation credited to an employee.
• § 260.3 Request for reconsideration of initial decision.
• § 260.4 Request for waiver of recovery of an overpayment and/or for reconsideration of an initial erroneous payment decision.
• § 260.5 Appeal from a reconsideration decision.
• § 260.6 Time limits for issuing a hearing decision.
• § 260.7 Time limits for issuing a decision when a hearing is not held.
• § 260.8 Pre-hearing case review.
• § 260.9 Final appeal from a decision of the hearings officer.
• § 260.10 Determination of date of filing.
• PART 261 - ADMINISTRATIVE FINALITY
• § 261.1 Reopening and revising decisions.
• § 261.2 Conditions for reopening.
• § 261.3 Change of legal interpretation or administrative ruling.
• § 261.4 Decisions which shall not be reopened.
• § 261.5 Late completion of timely investigation.
• § 261.6 Notice of revised decision.
• § 261.7 Effect of revised decision.
• § 261.8 Time and place to request review of a revised decision.
• § 261.9 Finality of findings when later claim is filed on same earnings record.
• § 261.10 Increase in future benefits where time period for reopening has expired.
• § 261.11 Discretion of the three-member Board to reopen or not to reopen a final decision.
• PART 266 - REPRESENTATIVE PAYMENT
• § 266.1 Introduction.
• § 266.2 Recognition by the Board of a person to act in behalf of another.
• § 266.3 Information considered in determining whether to make representative payments.
• § 266.4 Information considered in selecting a representative payee.
• § 266.5 Order of preference in selecting a representative payee.
• § 266.6 Information to be submitted by a representative payee-applicant; face-to-face interview.
• § 266.7 Accountability of a representative payee.
• § 266.8 Advance notice of the determination to make representative payment.
• § 266.9 Responsibilities of a representative payee.
• § 266.10 Use of benefit payments.
• § 266.11 Conservation and investment of benefit payments.
• § 266.12 Effect of matters or actions submitted or taken by legal guardian, etc.
• § 266.13 When a new representative payee will be selected.
• § 266.14 When representative payment will be stopped.
• § 266.15 Transfer of accumulated benefit payments.
• PART 295 - PAYMENTS PURSUANT TO COURT DECREE OR COURT-APPROVED PROPERTY SETTLEMENT
• § 295.1 Introduction.
• § 295.2 Definitions.
• § 295.3 Documentation and service.
• § 295.4 Review of documentation.
• § 295.5 Limitations.
• § 295.6 Disclosure of information.
• § 295.7 Miscellaneous.
• SUBCHAPTER C - REGULATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT
• PART 300 - DEFINITIONS
• § 300.1 Words and phrases.
• PART 301 - EMPLOYERS UNDER THE ACT
• § 301.1 Statutory provisions.
• § 301.4 Who are employers.
• PART 302 - QUALIFIED EMPLOYEE
• § 302.1 Introduction.
• § 302.2 Definitions.
• § 302.3 Qualifying conditions.
• § 302.4 Nonqualifying earnings or payments.
• § 302.5 Accelerated benefit year.
• § 302.6 Publication requirements.
• § 302.7 Establishing base year service and compensation.
• PART 319 - PROCEDURE FOR DETERMINING LIABILITY FOR CONTRIBUTIONS OR REPAYMENTS OF BENEFITS
• § 319.1 Statutory provisions.
• § 319.2 Procedure for determining entitlement to benefits awarded where employer status is denied, and for determining liability for contributions.
• PART 320 - INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH DETERMINATIONS
• § 320.1 Introduction.
• § 320.2 Definitions.
• § 320.5 Initial determinations.
• § 320.6 Adjudicating office.
• § 320.8 Notice of initial determination.
• § 320.9 Notice of erroneous benefit payment.
• § 320.10 Reconsideration of initial determination.
• § 320.11 Request for waiver of recovery.
• § 320.12 Appeal to the Bureau of Hearings and Appeals.
• § 320.18 Hearings officer.
• § 320.19 Election to participate.
• § 320.20 Powers of hearings officer.
• § 320.22 Notice of hearing.
• § 320.25 Hearing of appeal.
• § 320.28 Record of evidence considered.
• § 320.30 Decision or report of hearings officer.
• § 320.32 Effect of decision of hearings officer.
• § 320.35 Review of decision of hearings officer on motion of Board.
• § 320.38 Appeal to Board from decision of hearings officer.
• § 320.39 Execution and filing of appeal to Board from decision of hearings officer.
• § 320.40 Procedure before the Board on appeal from a decision of a hearings officer.
• § 320.41 Procedure before Board after submission of report by hearings officer.
• § 320.42 Decision of Board.
• § 320.45 Judicial review.
• § 320.48 Representatives of parties.
• § 320.49 Determination of date of filing.
• PART 321 - ELECTRONIC FILING OF APPLICATIONS AND CLAIMS FOR BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT
• § 321.1 Filing applications electronically.
• § 321.2 Filing claims for benefits electronically.
• PART 322 - REMUNERATION
• § 322.1 Introduction.
• § 322.2 General definition of remuneration.
• § 322.3 Determining the days with respect to which remuneration is payable or accrues.
• § 322.4 Consideration of evidence.
• § 322.5 Payments under vacation agreements.
• § 322.6 Pay for time lost.
• § 322.7 Dismissal, coordination, and separation allowances.
• § 322.8 Miscellaneous income.
• § 322.9 Subsidiary remuneration.
• PART 323 - NONGOVERNMENTAL PLANS FOR UNEMPLOYMENT OR SICKNESS INSURANCE
• § 323.1 Introduction.
• § 323.2 Definition of nongovernmental plan for unemployment or sickness insurance.
• § 323.3 Standards for Board approval of a nongovernmental plan.
• § 323.4 Guidelines for content of a nongovernmental plan.
• § 323.5 Submitting proposed plan for Board approval.
• § 323.6 Treatment of benefit payments under a nongovernmental plan for purposes of contributions.
• § 323.7 Effective date.
• PART 325 - REGISTRATION FOR RAILROAD UNEMPLOYMENT BENEFITS
• § 325.1 General.
• § 325.2 Procedure for registering for unemployment benefits.
• § 325.3 Application for unemployment benefits and employment service.
• § 325.4 Claim for unemployment benefits.
• § 325.5 Death of employee.
• § 325.6 Verification procedures.
• PART 327 - AVAILABLE FOR WORK
• § 327.1 Introduction.
• § 327.5 Meaning of “available for work”.
• § 327.10 Consideration of availability.
• § 327.15 Reasonable efforts to obtain work.
• PART 330 - DETERMINATION OF DAILY BENEFIT RATES
• § 330.1 Introduction.
• § 330.2 Computation of daily benefit rate.
• § 330.3 Daily rate of compensation.
• § 330.4 Last railroad employment in the base year.
• § 330.5 Procedure for obtaining and using information about daily rate of compensation.
• PART 332 - MILEAGE OR WORK RESTRICTIONS AND STAND-BY OR LAY-OVER RULES
• § 332.1 Statutory provisions.
• § 332.2 General considerations.
• § 332.3 Mileage and work restrictions.
• § 332.4 Restrictions in extra service.
• § 332.5 Equivalent of full-time work.
• § 332.6 Standing by for and laying over between regularly assigned trips or tours of duty.
• § 332.7 Consideration of evidence.
• PART 335 - SICKNESS BENEFITS
• § 335.1 General.
• § 335.2 Manner of claiming sickness benefits.
• § 335.3 Execution of statement of sickness and supplemental doctor's statement.
• § 335.4 Filing statement of sickness and claim for sickness benefits.
• § 335.5 Death of employee.
• § 335.6 Payment of sickness benefits.
• PART 336 - DURATION OF NORMAL AND EXTENDED BENEFITS
• Subpart A - Normal Benefits
• § 336.1 Introduction.
• § 336.2 Duration of normal unemployment benefits.
• § 336.3 Duration of normal sickness benefits.
• § 336.4 Base year compensation.
• § 336.5 Notice to employee.
• Subpart B - Extended Benefits
• § 336.10 Eligibility.
• § 336.11 Exhaustion of rights to normal unemployment benefits.
• § 336.12 Exhaustion of rights to normal sickness benefits.
• § 336.13 Years of service requirement.
• § 336.14 Extended benefit period.
• § 336.15 How to claim extended benefits.
• § 336.16 Notice to employee.
• PART 340 - RECOVERY OF BENEFITS
• § 340.1 Statutory provisions.
• § 340.2 Amount recoverable.
• § 340.3 When amounts recoverable to be recovered.
• § 340.4 Methods of recovery of amounts recoverable.
• § 340.5 Recovery by cash payment.
• § 340.6 Recovery by setoff.
• § 340.7 Deduction in computation of death benefit.
• § 340.8 Recovery by adjustment in connection with subsequent payments under the Railroad Retirement Act.
• § 340.9 Effect of adjustment in connection with subsequent payments.
• § 340.10 Waiver of recovery of erroneous payments.
• § 340.11 Waiver of methods of recovery.
• § 340.12 Waiver not a matter of right.
• § 340.13 Compromise of amounts recoverable.
• § 340.14 Factors due to be considered in a compromise.
• § 340.15 Suspension or termination of collection action.
• § 340.16 Debt collection.
• PART 341 - STATUTORY LIEN WHERE SICKNESS BENEFITS PAID
• § 341.1 Lien.
• § 341.2 Sum or damages paid or payable.
• § 341.3 Notice of lien.
• § 341.4 Information required to be furnished by the employee.
• § 341.5 Amount of reimbursement.
• § 341.6 Report of settlement or judgment.
• § 341.7 Liability on Board's claim.
• § 341.8 Termination of sickness benefits due to a settlement.
• § 341.9 Board as a party; attorney's fee.
• PART 345 - EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS
• Subpart A - General Provisions and Definitions
• § 345.101 Requirement for contribution.
• § 345.102 Multiple employer limitation.
• § 345.103 Rate of contribution.
• § 345.104 Employees and employee representatives not liable.
• § 345.105 Definitions.
• Subpart B - Reporting and Collecting Contributions
• § 345.110 Reports of compensation of employees.
• § 345.111 Contribution reports.
• § 345.112 Final contribution reports.
• § 345.113 Execution of contribution reports.
• § 345.114 Prescribed forms for contribution reports.
• § 345.115 Place and time for filing contribution reports.
• § 345.116 Payment of contributions.
• § 345.117 When fractional part of cent may be disregarded.
• § 345.118 Adjustments.
• § 345.119 Refunds.
• § 345.120 Assessment and collection of contributions or underpayments of contributions.
• § 345.121 Jeopardy assessment.
• § 345.122 Interest.
• § 345.123 Penalty for delinquent or false contribution reports.
• § 345.124 Right to appeal the amount of a contribution, interest, or penalty.
• § 345.125 Records.
• § 345.126 Liens.
• Subpart C - Individual Employer Records
• § 345.201 Individual employer record defined.
• § 345.202 Consolidated employer records.
• § 345.203 Merger or combination of employers.
• § 345.204 Sale or transfer of assets.
• § 345.205 Reincorporation.
• § 345.206 Abandonment.
• § 345.207 Defunct employer.
• § 345.208 System records.
• Subpart D - Contribution Rates
• § 345.301 Introduction.
• § 345.302 Definition of terms and phrases used in experience-rating.
• § 345.303 Computation of rate.
• § 345.304 New-employer contribution rates.
• § 345.305 Notification and proclamations.
• § 345.306 Availability of information.
• § 345.307 Rate protest.
• Subpart E - Benefit Charging
• § 345.401 General rule.
• § 345.402 Strikes or work stoppages.
• § 345.403 Multiple base year employers.
• § 345.404 Adjustments.
• § 345.405 Notices to base year employers.
• § 345.406 Defunct employer.
• PART 346 - RAILROAD HIRING
• § 346.1 Central register.
• PART 348 - REPRESENTATIVE PAYMENT
• § 348.1 Introduction.
• § 348.2 Recognition by the Board of a person to act in behalf of another.
• PART 349 - FINALITY OF DECISIONS REGARDING UNEMPLOYMENT AND SICKNESS INSURANCE BENEFITS
• § 349.1 Reopening and revising decisions.
• § 349.2 Conditions for reopening.
• § 349.3 Change of legal interpretation or administrative ruling.
• § 349.4 Late completion of timely investigation.
• § 349.5 Notice of revised decision.
• § 349.6 Effect of revised decision.
• § 349.7 Time and place to request a review and/or hearing on revised decision.
• § 349.8 Discretion of the three-member Board to reopen or not to reopen a final decision.
• SUBCHAPTER D - GARNISHMENT OF BENEFITS
• PART 350 - GARNISHMENT OF BENEFITS PAID UNDER THE RAILROAD RETIREMENT ACT, THE RAILROAD UNEMPLOYMENT INSURANCE ACT, AND UNDER ANY OTHER ACT ADMINISTERED BY THE BOARD
• § 350.1 Authorization for garnishment of benefits paid by the Board.
• § 350.2 Definitions.
• § 350.3 Procedure.
• § 350.4 Exemptions.
• § 350.5 Miscellaneous.
• § 350.6. Garnishment of payments after disbursement.
• SUBCHAPTER E - ADMINISTRATIVE REMEDIES FOR FRAUDULENT CLAIMS OR STATEMENTS
• PART 355 - REGULATIONS UNDER THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986
• § 355.1 Basis and purpose.
• § 355.2 Definitions.
• § 355.3 Basis for civil penalties and assessments.
• § 355.4 Investigation.
• § 355.5 Review by the reviewing official.
• § 355.6 Prerequisites for issuing a complaint.
• § 355.7 Complaint.
• § 355.8 Service of complaint.
• § 355.9 Answer.
• § 355.10 Default upon failure to file an answer.
• § 355.11 Referral of complaint and answer to the ALJ.
• § 355.12 Notice of hearing.
• § 355.13 Parties to the hearing.
• § 355.14 Separation of functions.
• § 355.15 Ex parte contacts.
• § 355.16 Disqualification of reviewing official or ALJ.
• § 355.17 Rights of parties.
• § 355.18 Authority of the ALJ.
• § 355.19 Prehearing conferences.
• § 355.20 Disclosure of documents.
• § 355.21 Discovery.
• § 355.22 Exchange of witness lists, statements, and exhibits.
• § 355.23 Subpoenas for attendance at hearing.
• § 355.24 Protective order.
• § 355.25 Fees.
• § 355.26 Form, filing and service of papers.
• § 355.27 Computation of time.
• § 355.28 Motions.
• § 355.29 Sanctions.
• § 355.30 The hearing and burden of proof.
• § 355.31 Determining the amount of penalties and assessments.
• § 355.32 Location of hearing.
• § 355.33 Witnesses.
• § 355.34 Evidence.
• § 355.35 The record.
• § 355.36 Post-hearing briefs.
• § 355.37 Initial decision.
• § 355.38 Reconsideration of initial decision.
• § 355.39 Appeal to authority head.
• § 355.40 Stays ordered by the Department of Justice.
• § 355.41 Stay pending appeal.
• § 355.42 Judicial review.
• § 355.43 Collection of civil penalties and assessments.
• § 355.44 Right to administrative offset.
• § 355.45 Deposit in Treasury of United States.
• § 355.46 Compromise or settlement.
• § 355.47 Limitations.
• PART 356 - CIVIL MONETARY PENALTY INFLATION ADJUSTMENT
• § 356.1 Introduction.
• § 356.2 Penalties under the Program Fraud Civil Remedies Act of 1986.
• § 356.3 False claims.
• SUBCHAPTER F - INTERNAL ADMINISTRATION, POLICY AND PROCEDURES
• PART 361 - RECOVERY OF DEBTS OWED TO THE UNITED STATES GOVERNMENT BY GOVERNMENT EMPLOYEES
• § 361.1 Purpose.
• § 361.2 Scope.
• § 361.3 Definitions.
• § 361.4 Determination of indebtedness.
• § 361.5 Notice requirements before offset.
• § 361.6 Requests for waiver or hearing.
• § 361.7 Written decision following a hearing.
• § 361.8 Limitations on notice and hearing requirements.
• § 361.9 Exception to requirement that a hearing be offered.
• § 361.10 Written agreement to repay debt as alternative to salary offset.
• § 361.11 Procedures for salary offset: When deductions may begin.
• § 361.12 Procedures for salary offset: Types of collection.
• § 361.13 Procedures for salary offset: Methods of collection.
• § 361.14 Procedures for salary offset: Imposition of interest, penalties and administrative costs.
• § 361.15 Non-waiver of rights.
• § 361.16 Refunds.
• § 361.17 Coordination with other government agencies.
• PART 362 - EMPLOYEES' PERSONAL PROPERTY CLAIMS
• § 362.1 Purposes.
• § 362.2 Definitions.
• § 362.3 Who may file a claim.
• § 362.4 Delegation of authority.
• § 362.5 Time limits for filing a claim.
• § 362.6 Procedure for filing a claim.
• § 362.7 Factors to be considered in settling a claim.
• § 362.8 Investigation of a claim.
• § 362.9 Fraudulent claims.
• § 362.10 Principal types of claims allowable.
• § 362.11 Principal types of claims not allowable.
• § 362.12 Computation of amount of reimbursement.
• § 362.13 Property recovered after payment of claim.
• § 362.14 Finality of settlement.
• § 362.15 Agent's or attorney's fee.
• PART 363 - GARNISHMENT OF REMUNERATION OF BOARD PERSONNEL
• § 363.1 Authorization for garnishment of remuneration for employment paid by the Board.
• § 363.2 Definitions.
• § 363.3 Procedure.
• § 363.4 Exemptions.
• § 363.5 Miscellaneous.
• PART 364 - USE OF PENALTY MAIL TO ASSIST IN THE LOCATION AND RECOVERY OF MISSING CHILDREN
• § 364.1 Purpose.
• § 364.2 Definitions.
• § 364.3 Publication of missing children information in the Railroad Retirement Board's in-house publications.
• § 364.4 Placement of missing children posters in Board field offices.
• § 364.5 Further study of the use of penalty mail in the location and recovery of missing children.
• PART 365 - ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE RAILROAD RETIREMENT BOARD
• § 365.101 Purpose.
• § 365.102 Application.
• § 365.103 Definitions.
• §§ 365.104-365.109 [Reserved]
• § 365.110 Self-evaluation.
• § 365.111 Notice.
• §§ 365.112-365.129 [Reserved]
• § 365.130 General prohibitions against discrimination.
• §§ 365.131-365.139 [Reserved]
• § 365.140 Employment.
• §§ 365.141-365.148 [Reserved]
• § 365.149 Program accessibility: Discrimination prohibited.
• § 365.150 Program accessibility: Existing facilities.
• § 365.151 Program accessibility: New construction and alterations.
• §§ 365.152-365.159 [Reserved]
• § 365.160 Communications.
• §§ 365.161-365.169 [Reserved]
• § 365.170 Compliance procedures.
• §§ 365.171-365.999 [Reserved]
• PART 366 - COLLECTION OF DEBTS BY FEDERAL TAX REFUND OFFSET
• § 366.1 Notification to Internal Revenue Service.
• § 366.2 Past-due legally enforceable debt.
• § 366.3 Reasonable attempt to notify.
• § 366.4 Notification to debtor.
• § 366.5 Consideration of evidence.
• § 366.6 Change in notification to Internal Revenue Service.
• PART 367 - RECOVERY OF DEBTS OWED TO THE UNITED STATES GOVERNMENT BY ADMINISTRATIVE OFFSET
• § 367.1 Purpose and scope.
• § 367.2 Past-due legally enforceable debt.
• § 367.3 Board responsibilities.
• § 367.4 Notification to another agency.
• § 367.5 Notification to debtor.
• § 367.6 Consideration of evidence.
• § 367.7 Change in notification to another government agency.
• § 367.8 Administrative offset against amounts payable from Civil Service Retirement and Disability Fund.
• PART 368 - PROHIBITION OF CIGARETTE SALES TO MINORS
• § 368.1 Introduction.
• § 368.2 Definitions.
• § 368.3 Vending machines.
• § 368.4 Concession stands.
• § 368.5 Free tobacco samples.
• PART 369 - USE OF THE SEAL OF THE RAILROAD RETIREMENT BOARD
• § 369.1 Unofficial use of the seal of the Railroad Retirement Board.
• § 369.2 Authority to grant written permission for use of the seal.
• § 369.3 Procedures for obtaining permission to use the seal.
• § 369.4 Inappropriate use of the seal.
• § 369.5 Penalty for misuse of the seal.
• SUBCHAPTER H - EMERGENCY REGULATIONS
• PART 375 - PLAN OF OPERATION DURING A NATIONAL EMERGENCY
• § 375.1 Purpose.
• § 375.2 National emergency and effective date.
• § 375.3 Policy.
• § 375.4 Mailing instructions.
• § 375.5 Organization and functions of the Board, delegations of authority, and lines of succession.
• § 375.6 Personnel, fiscal, and service functions.
• § 375.7 Operating regulations.
• § 375.8 Regulations for employers.