[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: 20CFR211.16]



[Page 207-208]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 211_CREDITABLE RAILROAD COMPENSATION--Table of Contents

 

Sec.  211.16  Finality of records of compensation.



    (a) Time limit for corrections to records of compensation. The 

Board's record of the compensation reported as paid to an employee for a 

given period shall be conclusive as to amount, or if no compensation was 

reported for such period, then as to the employee's having received no 

compensation for such period, unless the error in the amount of 

compensation or the failure to make return of the compensation is called 

to the attention of the Board within four years after the date on which 

the compensation was required to be reported to the Board as provided 

for in Sec.  209.6 of this chapter.

    (b) Correction after 4 years. (1) The Board may correct a report of 

compensation after the time limit set forth in paragraph (a) of this 

section where the compensation was posted or not posted as the result of 

fraud on the part of the employer.

    (2) Subject to paragraph (c) of this section, the Board may correct 

a report of compensation after the time limit set forth in paragraph (a) 

of this section for one of the following reasons:

    (i) Where the compensation was posted for the wrong person or the 

wrong period;

    (ii) Where the earnings were erroneously reported to the Social 

Security Administration in the good faith belief by the employer or 

employee that such earnings were not covered under the Railroad 

Retirement Act and there is a final decision of the Board under part 259 

of this chapter that such employer or employee was covered under the 

Railroad Retirement Act during the period in which the earnings were 

paid;

    (iii) Where a determination pertaining to the coverage under the 

Railroad Retirement Act of an individual,



[[Page 208]]



partnership, or company as an employer, is retroactive; or

    (iv) Where a record of compensation could not otherwise be corrected 

under this part and where in the judgment of the three-member Board that 

heads the Railroad Retirement Board failure to make a correction would 

be inequitable.

    (c) Limitation on crediting service. (1) Except as provided in 

paragraph (b)(1) of this section, no employee may be credited with 

service months or tier II compensation beyond the four year period 

referred to in paragraph (a) of this section unless the employee 

establishes to the satisfaction of the Board that all employment taxes 

imposed by sections 3201, 3211, and 3221 of title 26 of the Internal 

Revenue Code have been paid with respect to the compensation and 

service.

    (2) The limitation on the creditability of service months and tier 

II compensation in paragraph (c)(1) of this section shall not affect the 

creditability, for purposes of computing the tier I component of a 

railroad retirement annuity, of compensation payments with respect to 

which taxes have been paid under either the Railroad Retirement Tax Act 

or the Federal Insurance Contributions Act.



[62 FR 3790, Jan. 27, 1997]