[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: 20CFR220.36]



[Page 267-268]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 220_DETERMINING DISABILITY--Table of Contents

 

 Subpart E_Disability Determinations Governed by the Regulations of the 

                     Social Security Administration

 

Sec.  220.36  Period of disability.



    (a) General. In order to receive an annuity based upon a disability, 

an employee must be found disabled under the Railroad Retirement Act. If 

an employee is found disabled under the Railroad Retirement Act, the 

Board will determine whether he is disabled under the Social Security 

Act to qualify for a period of disability as defined in that Act.

    (b) Period of disability--(1) Definition and effect. A period of 

disability is a continuous period of time during which an employee is 

disabled as that term is defined in Sec.  404.1505 of this title. A 

period of disability established by the Board--

    (i) Preserves the disabled employee's earnings record as it is when 

the period begins;

    (ii) Protects the insured status required for entitlement to social 

security overall minimum;

    (iii) May cause an increase in the rate of an employee, spouse, or 

survivor annuity; or

    (iv) May permit a disabled employee to receive Medicare benefits in 

addition to an annuity under the Railroad Retirement Act.

    (2) Effect on benefits. The establishment of a period of disability 

for the employee will never cause a denial or reduction in benefits 

under the Railroad Retirement Act or Social Security Act, but it will 

always be used to establish Medicare entitlement before age 65.

    (3) Who may establish a period of disability. The Railroad 

Retirement Board or the Social Security Administration may establish a 

period of disability. However, the decision of one agency is not binding 

upon the other agency.

    (4) When the Board may establish a period of disability. The Board 

has independent authority to decide whether or not to establish a period 

of disability for any employee who was awarded an annuity under the 

Railroad Retirement Act, or who--

    (i) Has applied for a disability annuity; and

    (ii) Has at least 10 years of railroad service.

    (5) When an employee is entitled to a period of disability. An 

employee is entitled to a period of disability if he or she meets the 

following requirements:

    (i) The employee is disabled under the Social Security Act, as 

described in Sec.  404.1505 of this title.

    (ii) The employee is insured for a period of disability under Sec.  

404.130 of this title based on combined railroad and social security 

earnings.

    (iii) The employee files an application as shown in subparagraph 

(b)(6) of this section.



[[Page 268]]



    (iv) At least 5 consecutive months elapse from the month in which 

the period of disability begins and before the month in which it would 

end.

    (6) Application for a period of disability. (i) An application for 

an employee disability annuity under the Railroad Retirement Act or an 

employee disability benefit under the Social Security Act is also an 

application for a period of disability.

    (ii) An employee who is receiving an age annuity or who was 

previously denied a period of disability must file a separate 

application for a period of disability.

    (iii) In order to be entitled to a period of disability, an employee 

must apply while he or she is disabled or not later than 12 months after 

the month in which the period of disability ends.

    (iv) An employee who is unable to apply within the 12-month period 

after the period of disability ends because his or her physical 

condition limited his or her activities to the extent that he or she 

could not complete and sign an application or because he or she was 

mentally incompetent, may apply no later than 36 months after the period 

of disability ends.

    (v) A period of disability can also be established on the basis of 

an application filed within 3 months after the month a disabled employee 

died.

    (c) Social security overall minimum. The social security overall 

minimum provision of the Railroad Retirement Act guarantees that the 

total monthly annuities payable to an employee and his or her family 

will not be less than the total monthly benefit which would be payable 

under the Social Security Act if the employee's railroad service were 

credited as employment under the Social Security Act.



(The information collection requirements contained in paragraph (b)(6) 

were approved by the Office of Management and Budget under control 

number 3220-0002)