[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: 20CFR219.24]



[Page 250]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 219_EVIDENCE REQUIRED FOR PAYMENT--Table of Contents

 

                   Subpart B_Evidence of Age and Death

 

Sec.  219.24  Evidence of presumed death.



    When a person cannot be proven dead but evidence of death is needed, 

the Board may presume he or she died at a certain time if the Board 

receives the following evidence:

    (a) A certified copy of, or extract from, an official report or 

finding by an agency or department of the United States that a missing 

person is presumed to be dead as stated in Federal law (5 U.S.C. 5565). 

Unless other evidence is submitted showing an actual date of death, the 

Board will use the date on which the person was reported missing as the 

date of death.

    (b) Signed statements by those in a position to know that facts and 

other records which show that the person has been absent from his or her 

residence for no apparent reason and has not been heard from for at 

least 7 years. If there is no evidence available that that person 

continued in life after the date of disappearance, the Board will use as 

the date of death the date the person disappeared.

    (c) When a person has been missing for less than 7 years but may be 

presumed dead due to drowning or common disaster (fire, accident, etc.), 

signed statements from the applicant and individuals who know the 

circumstances surrounding the occurrence leading to the person's 

disappearance. The best evidence is statements from individuals who 

witnessed the occurrence or saw the missing person at the scene of the 

occurrence shortly before it happened.