[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: 20CFR261.1]



[Page 520-521]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 261_ADMINISTRATIVE FINALITY--Table of Contents

 

Sec.  261.1  Reopening and revising decisions.









Sec.

261.1 Reopening and revising decisions.

261.2 Conditions for reopening.

261.3 Change of legal interpretation or administrative ruling.

261.4 Decisions which shall not be reopened.

261.5 Late completion of timely investigation.

261.6 Notice of revised decision.

261.7 Effect of revised decision.

261.8 Time and place to request review of a revised decision.

261.9 Finality of findings when later claim is filed on same earnings 

          record.



[[Page 521]]



261.10 Increase in future benefits where time period for reopening has 

          expired.

261.11 Discretion of the three-member Board to reopen or not to reopen a 

          final decision.



    Authority: 45 U.S.C. 231f.



    Source: 62 FR 45713, Aug. 29, 1997, unless otherwise noted.





    (a) This part sets forth the Board's rules governing finality of 

decisions. After the expiration of the time limits for review as set 

forth in part 260 of this chapter, decisions of the agency may be 

reopened and revised under the conditions described in this part, by the 

bureau, office, or entity that made the earlier decision or by a bureau, 

office, or other entity at a higher level, which has the claim properly 

before it.

    (b) A final decision as that term is used in this part means any 

decision of the type listed in Sec.  260.1 of this chapter where the 

time limits for review as set forth in part 260 of this chapter or in 

the Railroad Retirement Act have expired.

    (c) Reopening a final decision under this part means a conscious 

determination on the part of the agency to reconsider an otherwise final 

decision for purposes of revising that decision.

    (d) New and material evidence as that phrase is used in this part 

means evidence that may reasonably be expected to affect a final 

decision, which was unavailable to the agency at the time the decision 

was made, and which the claimant could not reasonably have been expected 

to have submitted at that time.