[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: 20CFR266.8]

[Page 508]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 266_REPRESENTATIVE PAYMENT--Table of Contents
 
Sec. 266.8  Advance notice of the determination to make representative 
payment.

    (a) As a general rule, whenever the Board intends to make 
representative payment and to name a representative payee, the Board 
will notify the annuitant or, in the case of an unemancipated minor 
under age 18, or an individual who is legally incompetent, the 
individual acting on his or her behalf of the Board's proposed actions. 
Such notice will tell the person that the Board plans to name a 
representative payee and who that payee will be. The notice will also 
ask the person to contact the Board within 15 days of the date of the 
notice if he or she objects to either proposed action. If he or she 
objects to either proposed action, the objecting party may--
    (1) Review the evidence upon which the proposed actions will be 
based; and
    (2) Submit any additional evidence regarding the proposed actions.
    (b) If the objecting party objects to the proposed actions, the 
Board will review its proposed determinations and consider any 
additional information provided. The Board will then issue a decision on 
whether to appoint a representative payee and who that payee will be. If 
the objecting party is dissatisfied with either determination, he or she 
may request a reconsideration under part 260 of this chapter.
    (c) If the objecting party does not file a timely objection to the 
proposed actions, the Board will issue a decision on whether to appoint 
a representative payee and who that payee will be. If the objecting 
party is dissatisfied with either determination, he or she may request a 
reconsideration under part 260 of this chapter.
    (d) A request for reconsideration or an appeal from a determination 
under this section under part 260 of this chapter shall not prevent the 
Board from making payments to a representative payee during the pendency 
of such reconsideration or appeal.
    (e) The Board's failure or refusal to select an individual as 
representative payee or the Board's termination of representative payee 
status with respect to an individual is not subject to a request for 
reconsideration or an appeal under part 260 of this chapter by such 
individual.