[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: 20CFR209.15]



[Page 199]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 209_RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES--Table of 

Contents

 

Sec.  209.15  Compensation reportable when paid.



    (a) General. In preparing a report required under this part, an 

employer may report compensation in the report required for the year in 

which the compensation was paid even though such compensation was earned 

by the employee in a previous year. If compensation is reported with 

respect to the year in which it was paid, it shall be credited by the 

Board to the employee in such year unless within the four year period 

provided in Sec.  211.15 of this chapter the employee requests that such 

compensation be credited to the year in which it was earned. If the 

employee makes such a request, and the Board determines that the 

compensation should be credited to the year in which it was earned, the 

reporting employer must file an adjustment report as required by Sec.  

209.9 of this part which reports such compensation in the year in which 

it was earned. The employee may revoke his or her request anytime prior 

to the filing of the adjustment report. Upon the Board's receipt of the 

adjustment report, the request becomes irrevocable.

    (b) Pay for time lost. Compensation which is pay for time lost, as 

provided in Sec.  211.3 of this chapter, shall be reported with respect 

to the period in which the time and compensation were lost. For example, 

if an employee is off work because of an on-the-job injury for a period 

of months in a given year and in a later year receives a payment from 

his or her employer to compensate for wages lost during the period of 

absence, the employer must, by way of adjustment provided for in Sec.  

209.9 of this part, report the compensation with respect to the year in 

which the time and compensation were lost.

    (c) Separation allowance or severance pay. A separation allowance or 

severance payment shall be reported in accordance with Sec.  209.14 of 

this part.

    (d) Miscellaneous pay. Miscellaneous pay, as defined in Sec.  211.11 

of this chapter, shall be reported in the year paid and reported on the 

annual report of compensation as provided for in Sec.  209.8 of this 

part.

    (e) Vacation pay. Vacation pay may be reported in accordance with 

this section except that any payments made in the year following the 

year in which the employee resigns or is discharged shall be reported by 

way of adjustment under Sec.  209.9 of this part as paid in the year of 

resignation or discharge.



[58 FR 45250, Aug. 27, 1993, as amended at 63 FR 32614, June 15, 1998]