[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: 20CFR204.3]



[Page 192-193]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 204_EMPLOYMENT RELATION--Table of Contents

 

Sec.  204.3  Employment relation--prior service.



    An individual shall have an employment relation to an employer on 

August 29, 1935, for purposes of crediting service prior to January 1, 

1937, if:

    (a) He or she was in the service of an employer on that date; or

    (b) He or she was on that date on 1eave of absence expressly granted 

by the employer or by a duly authorized representative of such employer, 

but only if such leave of absence was established to the satisfaction of 

the Board before July 1947; or

    (c) He or she was in the service of an employer after that date and 

before January 1946, in each of six calendar months, whether or not 

consecutive; or

    (d) Before that date he or she did not retire and was not retired or 

discharged from the service of the last



[[Page 193]]



employer by whom he or she was employed, but solely by reason of a 

physical or mental disability he or she ceased before August 29, 1935, 

to be in the service of such employer and thereafter remained 

continuously disabled until he or she attained age sixty-five or until 

August 1945; or

    (e) Solely for the reason stated in paragraph (c) of this section an 

employer by whom he or she was employed before August 29, 1935, did not 

on or after August 29, 1935, and before August 1945, call him or her to 

return to service, or if he or she were called to return to service he 

or she for such reason was unable to render service in six calendar 

months as provided in paragraph (b) of this section; or

    (f) He or she was on August 29, 1935, absent from the service of an 

employer by reason of a discharge which, within one year after the 

effective date thereof, was protested to an appropriate labor 

representative or to the employer, as wrongful, and which was followed 

within ten years of the effective date thereof by his or her 

reinstatement in good faith to his or her former service with all his or 

her seniority rights.