[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: 20CFR261.2]



[Page 521-522]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 261_ADMINISTRATIVE FINALITY--Table of Contents

 

Sec.  261.2  Conditions for reopening.



    A final decision may be reopened:

    (a) Within 12 months of the date of the notice of such decision, for 

any reason;

    (b) Within four years of the date of the notice of such decision, if 

there is new and material evidence or there was adjudicative error not 

consistent with the evidence of record at the time of adjudication; or

    (c) At any time if:

    (1) The decision was obtained by fraud or similar fault;

    (2) Another person files a claim on the same record of compensation 

and allowance of the claim adversely affects the first claim;

    (3) A person previously determined to be dead on whose earnings 

record a survivor annuity is based is found to be alive;

    (4) A claim was denied because of the absence of proof of death of 

the employee, and the death is later established:

    (i) By reason of an unexplained absence from his or her residence 

for a period of 7 years; or

    (ii) By location or identification of his or her body;

    (5) The Social Security Administration has awarded duplicate 

benefits on the same record of compensation;

    (6) The decision was that the claimant did not have an insured 

status, and compensation has been credited to the employee's record of 

compensation in accordance with part 211 of this chapter:

    (i) To enter items transferred by the Social Security Administration 

which were credited under the Social Security Act when they should have 

been credited to the employee's railroad retirement compensation record; 

or

    (ii) To correct an error made in the allocation of earnings to an 

individual which, if properly allocated, would have given him or her an 

insured status at the time of the decision and the evidence of these 

earnings was in the possession of the Railroad Retirement Board or the 

Social Security Administration at the time of the decision;

    (7) The decision is wholly or partially unfavorable to a party, but 

only to correct clerical error or an error that appears on the face of 

the evidence that was considered when the determination or decision was 

made;

    (8) The decision found the claimant entitled to an annuity or to a 

lump sum payment based on the earnings record of a deceased person, and 

it is later established that:

    (i) The claimant was convicted of a felony or an act in the nature 

of a felony for intentionally causing that person's death; or

    (ii) If the claimant was subject to the juvenile justice system, he 

or she was



[[Page 522]]



found by a court of competent jurisdiction to have intentionally caused 

that person's death by committing an act which, if committed by an 

adult, would have been considered a felony or an act in the nature of a 

felony;

    (9) The claimant shows that it is to his or her advantage to select 

a later annuity beginning date and refunds, by cash payment or setoff, 

past payments applying to the period prior to the later beginning date, 

subject, however, to the provisions of subpart D of part 217 and Sec.  

218.9 of this chapter;

    (10) The decision is incorrect because of a failure to apply a 

reduction, or the proper reduction, to the tier I component of an 

annuity, but the Board shall apply the reduction only for the months 

following the month the Board first takes corrective action.

    (d) Revision of the amount or payment of a separation allowance lump 

sum amount pursuant to section 6(e) of the Railroad Retirement Act is 

limited to 60 days from the date of notification of the award of the 

separation allowance lump sum payment.