[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: 20CFR261.4]



[Page 522]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 261_ADMINISTRATIVE FINALITY--Table of Contents

 

Sec.  261.4  Decisions which shall not be reopened.



    The following decisions shall not be reopened:

    (a) An award of an annuity beginning date to an applicant later 

found to have been in compensated service to an employer under part 202 

of this chapter on that annuity beginning date and who is found not to 

be at fault in causing the erroneous award; provided, however, that this 

exception shall not operate to permit payment of benefits for any month 

in which the claimant is found to be engaged in compensated service.

    (b) An award of an annuity based on a subsequently discovered 

erroneous crediting of months of service and compensation to a claimant 

where:

    (1) The loss of such months of service and compensation will cause 

the applicant to lose his or her eligibility for an annuity previously 

awarded;

    (2) The erroneously credited months of service do not exceed six 

months; and

    (3) The annuitant is found not to be at fault in causing the 

erroneous crediting.

    (c) An erroneous award of an annuity where the error is no greater 

than one dollar per month per annuity affected.

    (d) An erroneous award of a lump sum or accrued annuity payment 

where the error is no greater than $25.00.