UNITED STATES CODE
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.
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.