[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: 20CFR220.11]



[Page 261]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 220_DETERMINING DISABILITY--Table of Contents

 

 Subpart C_Disability Under the Railroad Retirement Act for Work in an 

                 Employee's Regular Railroad Occupation

 

Sec.  220.11  Definitions as used in this subpart.



    Functional capacity test means one of a number of tests which 

provide objective measures of a claimant's maximal work ability and 

includes functional capacity evaluations which provide a systematic 

comprehensive assessment of a claimant's overall strength, mobility, 

endurance and capacity to perform physically demanding tasks, such as 

standing, walking, lifting, crouching, stooping or bending, climbing or 

kneeling.

    Independent Case Evaluation (ICE) means the process for evaluating 

claims not covered by appendix 3 of this part.

    Permanent physical or mental impairment means a physical or mental 

impairment or combination of impairments that can be expected to result 

in death or has lasted or can be expected to last for a continuous 

period of not less than 12 months.

    Regular railroad occupation means an employee's railroad occupation 

in which he or she has engaged in service for hire in more calendar 

months than the calendar months in which he or she has been engaged in 

service for hire in any other occupation during the last preceding five 

calendar years, whether or not consecutive; or has engaged in service 

for hire in not less than one-half of all of the months in which he or 

she has been engaged in service for hire during the last preceding 15 

consecutive calendar years. If an employee last worked as an officer or 

employee of a railway labor organization and if continuance in such 

employment is no longer available to him or her, the ``regular 

occupation'' shall be the position to which the employee holds seniority 

rights or the position which he or she left to work for a railway labor 

organization.

    Residual functional capacity has the same meaning as found in Sec.  

220.120.



[63 FR 7541, Feb. 13, 1998]