[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: 20CFR218.3]



[Page 235]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 218_ANNUITY BEGINNING AND ENDING DATES--Table of Contents

 

                            Subpart A_General

 

Sec.  218.3  When an employee disappears.



    (a) General. If an employee who is entitled to an annuity 

disappears, the employee annuity ends on the last day of the month 

before the month of the disappearance.

    (b) Employee has a current connection. (1) The Board may pay 

survivor benefits from the month of the employee's disappearance if both 

of the following conditions are met at the time of the disappearance:

    (i) The employee has a current connection with the railroad industry 

as defined in part 216 of this chapter, and

    (ii) The employee's spouse is entitled, or would have been entitled 

if he or she had filed an application, to a spouse annuity in the month 

that the employee disappeared.

    (2) If the employee is later found to have been alive during any 

month for which a survivor annuity was paid, the amount of any incorrect 

payment must be recovered under the rules of part 255, Erroneous 

Payments, of this chapter. The incorrect payment is the amount of any 

survivor benefits which were paid minus any spouse benefits which were 

paid minus any spouse benefits that would have been paid.

    (c) Employee has no current connection. If the employee does not 

have a current connection and the employee's spouse is entitled to an 

annuity in the month of the employee's disappearance, the spouse annuity 

will continue to be paid until one of the following events occurs:

    (1) The employee's death is established.

    (2) The spouse annuity ends for another reason.



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