[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: 20CFR216.22]



[Page 214]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 216_ELIGIBILITY FOR AN ANNUITY--Table of Contents

 

           Subpart C_Railroad and Last Non-Railroad Employment

 

Sec.  216.22  Work as an employee which affects payment.



    (a) Work for a railroad employer. Work for pay as an employee of a 

railroad employer always prevents payment of an annuity.

    (b) Work for last non-railroad employer. Work for pay in the service 

of the last non-railroad employer by whom an individual is employed will 

reduce the amount of the tier II benefit of the employee, spouse and 

supplemental annuity as provided in part 230 of this chapter. An 

individual's last non-railroad employer is:

    (1) Any non-railroad employer from whom the individual last resigned 

(in point of time) in order to receive an annuity; and

    (2) Any additional non-railroad employer from whom the individual 

resigned in order to have an annuity become payable. Employment which an 

individual stops within 6 months of the date on which the individual 

files for an annuity will be presumed in the absence of evidence to the 

contrary to be service from which the individual resigned in order to 

receive an annuity.

    (c) Corporate officers. An officer of a corporation will be 

considered to be an employee of the corporation. A director of a 

corporation acting solely in his or her capacity as such director is not 

an employee of the corporation.