[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: 20CFR217.20]



[Page 232-233]

 

                      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.  217.20  When a written statement is used to establish the filing 

date.



    (a) Statement filed with the Board. A written statement indicating 

an intent to file a claim for an annuity or lump sum, filed with the 

Board as provided in Sec. Sec.  217.15 and 217.16, can establish the 

filing date of an application. A form set up by the Board to obtain 

information about persons who may be eligible for an annuity or lump sum 

in a particular



[[Page 233]]



case is not by itself considered a written statement for the purpose of 

this section. The Board will use the filing date of the written 

statement if all of the following requirements are met:

    (1) The statement gives a person's clear and positive intent to 

claim an annuity or lump sum for himself or herself or for some other 

person.

    (2) The claimant or a person described in Sec.  217.17 signs the 

statement.

    (3) The person who signed the statement files an application with 

the Board on one of the forms described in part 200 of this chapter 

within 90 days after the date a notice is sent advising the person of 

the need to file an application.

    (4) The claimant is alive when the application is filed except as 

provided in Sec.  217.10.

    (b) Statement filed with the Social Security Administration. A 

written statement filed with the Social Security Administration can be 

used to establish the filing date of an application if, assuming the 

statement were an application, the conditions under Sec.  217.7 are met 

and--

    (1) The statement gives a clear and positive intent to claim 

benefits under title II of the Social Security Act;

    (2) The claimant or a person described in Sec.  217.17 signs the 

statement;

    (3) The statement is sent to the Board by the Social Security 

Administration;

    (4) The person who signed the statement files an application with 

the Board on one of the forms described in part 200 of this chapter 

within 90 days after the date a notice is sent advising the person of 

the need to file an application; and

    (5) The claimant is alive when the application is filed except as 

provided in Sec.  217.10.

    (c) Telephone contact with the Board. If an individual telephones a 

Board office and advises a Board employee that he or she intends to file 

an application but cannot do so before the end of the month, the Board 

employee will prepare and sign a written statement which may be used to 

establish the filing date of an application if all of the following 

requirements are met:

    (1) The inquirer expresses a clear and positive intent to claim 

benefits for himself or herself or for some other person;

    (2) The prescribed application cannot be filed by the end of the 

current month;

    (3) The inquirer is either the potential claimant or the person who 

will file an application as representative payee therefor;

    (4) The inquiry is received by an office of the Board no more than 3 

months before eligibility exists;

    (5) It appears that a loss of benefits might otherwise result;

    (6) The telephone inquirer files an application with the Board on 

one of the forms described in part 200 of this chapter within 90 days 

after the date a notice is sent advising the person of the need to file 

an application; and

    (7) The claimant is alive when the application is filed, except as 

provided in Sec.  217.10 of the part.



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