[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: 20CFR320.11]

[Page 526-527]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 320_INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT 
 
Sec. 320.11  Request for waiver of recovery.

    (a) Time limitation. The claimant shall have 60 days from the date 
of the notification of the erroneous payment determination in which to 
file a request for waiver, except that where an erroneous payment is not 
subject to waiver in accordance with Sec. 340.10(e) of this chapter, 
waiver may not be requested and recovery will not be stayed. Such 
requests shall be made in writing and be filed by mail or in person at 
any Board office. The claimant shall, along with the request, submit any 
evidence and argument which he or she would like to present in support 
of his or her case. A request solely for reconsideration of an 
overpayment shall not be considered a request for waiver under this 
section but shall be treated as a request for reconsideration under 
Sec. 320.10 of this part.
    (b) Recovery action. Where a claimant has made a timely request for 
waiver of recovery, no action will be taken to recover the erroneous 
payment by setoff against current benefits prior to a decision on such 
request; provided however, That the Board may, prior to a decision, 
withhold the amount of the erroneous payment from benefit payments under 
any of the following circumstances:
    (1) The claimant admits he or she was at fault in causing the 
overpayment;
    (2) The claimant is found to have committed fraud;
    (3) The claimant authorizes recovery by setoff or agrees to 
repayment; or
    (4) The amount of erroneous payment is not subject to waiver or 
provided for in Sec. 340.10(e) of this chapter.
    (c) Review of evidence. Upon request, the claimant shall have an 
opportunity to review all evidence and documents that pertain to the 
erroneous payment determination.
    (d) Decision. The Debt Recovery Manager shall make a decision on the 
claimant's request for waiver of recovery and shall notify the claimant 
accordingly. The decision of the Manager shall include the basis of the 
decision, setting forth his or her reasons for the decision including 
the impact, if any, of any evidence submitted by the base-year or last 
employer. If the Manager decides that waiver of recovery is not 
appropriate, the adjudicating office shall wait 15 days from the date of 
the notification of the waiver decision before taking any action to 
recover the erroneous payment. If the Manager decides that recovery 
should be waived, any amount of the erroneous payment so waived but 
previously recovered by setoff shall be refunded to the claimant.
    (e) Appeal. If the Debt Recovery Manager decides that waiver of 
recovery is not appropriate, the claimant shall have the right to appeal 
such decision as provided under Sec. 320.12 of this part.
    (f) Requests made after 60 days. Nothing in this section shall be 
taken to mean that waiver of recovery will not be considered in those 
cases where the request for waiver is not filed within 60 days, but 
action to recover the erroneous payment will not be deferred if such 
request is not filed within 60 days, and any amount of the erroneous 
payment recovered prior to the date on which the request is filed shall 
not be

[[Page 527]]

subject to waiver under part 340 of this chapter. Further, it shall not 
be considered that a claimant prejudices his or her request for waiver 
by tendering all or a portion of an erroneous payment or by selecting a 
particular method of repaying the debt. However, no waiver consideration 
shall be given to a debt which is settled by compromise.
    (g) Evidence provided by base-year employer(s) and most recent 
employer, if different. In making a decision under paragraph (d) of this 
section, the Debt Recovery Manager shall consider all evidence of record 
including any evidence submitted by the claimant's base-year employer(s) 
and the most recent employer, if different. Where a claimant has 
requested waiver the Manager shall notify his or her base-year 
employer(s) and the most recent employer, if different, of the right to 
submit, within 30 days, any information which may be pertinent to the 
waiver decision.

[56 FR 65680, Dec. 18, 1991, as amended at 67 FR 77156, Dec. 17, 2002]