[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: 20CFR217.17]



[Page 231-232]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 217_APPLICATION FOR ANNUITY OR LUMP SUM--Table of Contents

 

                     Subpart C_Filing An Application

 

Sec.  217.17  Who may sign an application.



    An application may be signed according to the following rules:

    (a) A claimant who is 18 years old or older, competent (able to 

handle his or her own affairs), and physically able to sign the 

application, must sign in his or her own handwriting, except as provided 

in paragraph (e) of this section. A parent or a person standing in place 

of a parent must sign the application for a child who is not yet 18 

years old, except as shown in paragraph (d) of this section.

    (b) A claimant who is unable to write must make his or her mark. A 

Board representative or two other persons must sign as witnesses to a 

signature by mark.

    (c) A claimant's representative, as described in part 266 of this 

chapter, must sign the application if the claimant is incompetent 

(unable to handle his or her own affairs).



[[Page 232]]



    (d) A claimant who is a child between the ages of 16 and 18, is 

competent, as defined in paragraph (a) of this section, has no court 

appointed representative, and is not in the care of any person, may sign 

the application.

    (e) If it is necessary to protect a claimant from losing benefits 

and there is good cause for the claimant not personally signing the 

application, the Board may accept an application signed by someone other 

than a person described in paragraphs (a), (b), (c), and (d) of this 

section. A person who signs an application for someone else will be 

required to provide evidence of his or her authority to sign the 

application for the person claiming benefits under the following rules:

    (1) If the person who signs is a court-appointed representative, he 

or she must submit a certificate issued by the court showing authority 

to act for the claimant.

    (2) If the person who signs is not a court-appointed representative, 

he or she must submit a statement describing his or her relationship to 

the claimant. The statement must also describe the extent to which the 

person is responsible for the care of the claimant.

    (3) If the person who signs is the manager or principal officer of 

an institution which is responsible for the care of the claimant, he or 

she must submit a statement indicating the person's position of 

responsibility at the institution.

    (4) The Board may, at any time, in its sole discretion require 

additional evidence to establish the authority of a person to sign an 

application for someone else.



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

3220-0002, 3220-0030, 3220-0031 and 3220-0042)



[47 FR 7647, Feb. 22, 1982, as amended at 54 FR 13364, Apr. 3, 1989]