[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: 20CFR210.7]



[Page 203-204]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 210_CREDITABLE RAILROAD SERVICE--Table of Contents

 

Sec.  210.7  Verification of service claimed.



    Service claimed by an employee, which is not credited in the records 

of the Board, must be verified to the satisfaction of the Board before 

it may be credited. Verification of the Service claimed shall be as 

follows:

    (a) Service claimed will be verified from the payroll or other 

detailed records of the employer.

    (b) If the payroll or other detailed records are incomplete or 

missing, the service claimed and not established by these records will 

be verified from the personnel records of the employer.

    (c) If the payroll, personnel and detailed records are incomplete or 

missing, the service claimed and not established by these records will 

be verified from any other books and records of the employer.

    (d) If the employer's records do not establish the service claimed, 

the employee may submit affidavits and other evidence in support of the 

service claimed in either of the following instances:

    (1) When there are no employer records available to show whether or 

not the service claimed was performed; or

    (2) When there are employer records available which do not verify 

the service claimed and do not establish that the service claimed was 

not performed.

    (e) When service is verified as to over-all dates, but is not 

supported in detail by employer records, and when there are no employer 

records showing in detail absences from service, a deduction shall be 

made to cover an average amount of the absences. The deduction shall be 

the absences shown by the applicant or 5 percent of the total period in 

question, whichever is greater. However, where the employee submits 

detailed records of the service claimed, properly identified and 

established as having been made at the time the employee performed the 

service for which detailed records of the employer are not available, 

full credit may be allowed for the service as may be verified from the 

records. Also, the employee may be permitted to establish in any other 

manner satisfactory to the Board the actual amount of his or her 

absences.

    (f) For the purpose of verifying service before 1937, employers 

shall preserve through 1986, in accessible form, the original records of 

the service and compensation.

    (g) For the purpose of verifying service after 1936, employers shall 

preserve in accessible form the original records



[[Page 204]]



of service and compensation for a period of five calendar years after 

the due date of the report.



(Approved by the Office of Management and Budget under control numbers 

3220-0003 and 3220-0008)



[49 FR 46731, Nov. 28, 1984, as amended at 52 FR 11016, Apr. 6, 1987]