[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: 20CFR217.7]



[Page 228]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

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

 

                         Subpart B_Applications

 

Sec.  217.7  Claim filed with the Social Security Administration.



    (a) Claim is for life benefits. An application for life benefits 

under title II of the Social Security Act is an application for an 

annuity if the conditions either in paragraphs (a)(1), (2), and (3) or 

in paragraph (a)(4) of this section are met:

    (1) The application was filed because the applicant did not know he 

or she was eligible for an annuity under the Railroad Retirement Act. 

The Board must have or receive evidence indicating why the applicant 

thought that he or she lacked eligibility for an annuity.

    (2) The claimant would have been entitled to and would currently be 

entitled to an annuity under subpart B or D of part 216 of this chapter 

if the applicant had applied for the annuity on the date the social 

security application was filed.

    (3) The applicant asks the Board in a written statement to consider 

the application for social security benefits as an application for an 

employee or spouse annuity.

    (4) The application was filed because the employee had less than 10 

years of creditable railroad service, and having established entitlement 

to social security benefits and continued working in railroad service, 

subsequently acquired 10 years of railroad service.

    (b) Claim is for death benefits. An application for death benefits 

under title II of the Social Security Act is an application for an 

annuity or lump sum if--

    (1) The application is filed based on the death of an employee and 

the Board has jurisdiction for the payment of survivor benefits based on 

the compensation record of the deceased employee; and

    (2) The claimant is eligible for an annuity or a lump-sum death 

payment on the date the application is filed.