[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: 20CFR234.47]



[Page 496]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 234_LUMP-SUM PAYMENTS--Table of Contents

 

                   Subpart D_Residual Lump-Sum Payment

 

Sec.  234.47  Election of the RLS by a widow(er) or parent.



    (a) An RLS cannot be paid if it appears that there are immediate or 

future monthly survivor benefits payable to anyone other than a 

widow(er) or parent. A widow(er) or parent can elect to have the RLS 

paid in lieu of future monthly benefits based on the employee's railroad 

earnings under either the Railroad Retirement Act or Social Security 

Act.

    (b) When an election must be filed. An election to have the RLS paid 

must be filed before the widow(er) or parent attains age 60 if he or she 

would be entitled to benefits under the Railroad Retirement Act, or 

before the age of eligibility if he or she would be entitled to future 

benefits under the Social Security Act instead of the Railroad 

Retirement Act.

    (c) Filing an election. An election to have the RLS paid must be 

made on the certification provided by the Board for that purpose, and 

must contain an irrevocable election to have the RLS paid in lieu of all 

benefits based on the employee's railroad service to which the widow(er) 

or parent might otherwise become entitled. Once the RLS check is 

negotiated, the election cannot be revoked.