[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR295.7]

[Page 505-506]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 295--PAYMENTS PURSUANT TO COURT DECREE OR COURT-APPROVED PROPERTY SETTLEMENT--Table of Contents
 
Sec. 295.7  Miscellaneous.

    (a) Disbursement cycle. In honoring and complying with a court 
decree or property settlement, the Board shall not be required to 
disrupt its normal disbursement cycle, despite any special schedule of 
accrual or payment of amounts due the spouse or former spouse set forth 
in the decree or settlement. A decree or settlement received too late to 
be honored during the disbursement cycle in which it was received shall 
be honored with respect to the next payment due the employee.
    (b) Liability for payments. Neither the Board nor any of its 
employees shall be liable with respect to any payment made to any 
individual from moneys due from or payable by the Board pursuant to a 
court decree or property settlement regular on its face, if such payment 
is made in accordance with this part.
    (c) Liability for disclosures. No employee of the Board whose duties 
include responding to requirements contained in this part shall be 
subject under any law to any disciplinary action or civil or criminal 
liability or penalty for, or on account of, any disclosure of 
information made by such employee in connection with the performance of 
the employee's duties in making such response.
    (d) Applicable law. For purposes of a proceeding under this part, 
the Board will apply the law of the jurisdiction in which the court 
decree or property settlement was issued unless it comes to the 
attention of the Board that the state of issuance has no contact with 
the plaintiff or defendant in the action; in which case, the Board may, 
in its sole discretion, apply the law of any jurisdiction with 
significant interest in the matter.
    (e) Erroneous payments. If a spouse or former spouse receives a 
payment pursuant to this part from an employee's benefit, and the Board 
later determines

[[Page 506]]

that the employee was not entitled to all or part of those benefits for 
any month, the amount of the employee's benefits which was paid to the 
spouse or former spouse in excess of the amount which was actually 
payable shall be an erroneous payment to the spouse or former spouse 
within the meaning of section 10 of the Railroad Retirement Act.

[[Page 507]]