[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: 20CFR266.3]



[Page 525]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 266_REPRESENTATIVE PAYMENT--Table of Contents

 

Sec.  266.3  Information considered in determining whether to make 

representative payments.



    In determining whether to make representative payment, the Board may 

consider the following information:

    (a) Evidence of legal guardianship. Evidence of the appointment of a 

legal guardian or other person legally vested with the care of the 

person or estate of an incompetent or a minor shall be a certified copy 

of the court's determination.

    (b) Medical evidence. The Board may use medical evidence, when such 

is available, to help determine whether an annuitant is capable of 

managing or directing the management of benefit payments. For example, a 

statement by a physician or other medical professional based upon his or 

her recent examination of the annuitant and his or her knowledge of the 

annuitant's present condition will be used in the Board's determination, 

if it includes information concerning the nature of the annuitant's 

illness, the annuitant's chances for recovery and the opinion of the 

physician or other medical professional as to whether the annuitant is 

able to manage or direct the management of benefit payments.

    (c) Other evidence. The Board may also consider statements of 

relatives, friends, and other people in a position to know and observe 

the annuitant, which contain information helpful to the Board in 

deciding whether the annuitant is able to manage or direct the 

management of benefit payments.