[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR261.1]

[Page 501-502]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 261_ADMINISTRATIVE FINALITY--Table of Contents
 
Sec. 261.1  Reopening and revising decisions.




Sec.
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.

[[Page 502]]

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.

    Authority: 45 U.S.C. 231f.

    Source: 62 FR 45713, Aug. 29, 1997, unless otherwise noted.


    (a) This part sets forth the Board's rules governing finality of 
decisions. After the expiration of the time limits for review as set 
forth in part 260 of this chapter, decisions of the agency may be 
reopened and revised under the conditions described in this part, by the 
bureau, office, or entity that made the earlier decision or by a bureau, 
office, or other entity at a higher level, which has the claim properly 
before it.
    (b) A final decision as that term is used in this part means any 
decision of the type listed in Sec. 260.1 of this chapter where the 
time limits for review as set forth in part 260 of this chapter or in 
the Railroad Retirement Act have expired.
    (c) Reopening a final decision under this part means a conscious 
determination on the part of the agency to reconsider an otherwise final 
decision for purposes of revising that decision.
    (d) New and material evidence as that phrase is used in this part 
means evidence that may reasonably be expected to affect a final 
decision, which was unavailable to the agency at the time the decision 
was made, and which the claimant could not reasonably have been expected 
to have submitted at that time.