[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: 20CFR266.8]



[Page 527]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 266_REPRESENTATIVE PAYMENT--Table of Contents

 

Sec.  266.8  Advance notice of the determination to make representative 

payment.



    (a) As a general rule, whenever the Board intends to make 

representative payment and to name a representative payee, the Board 

will notify the annuitant or, in the case of an unemancipated minor 

under age 18, or an individual who is legally incompetent, the 

individual acting on his or her behalf of the Board's proposed actions. 

Such notice will tell the person that the Board plans to name a 

representative payee and who that payee will be. The notice will also 

ask the person to contact the Board within 15 days of the date of the 

notice if he or she objects to either proposed action. If he or she 

objects to either proposed action, the objecting party may--

    (1) Review the evidence upon which the proposed actions will be 

based; and

    (2) Submit any additional evidence regarding the proposed actions.

    (b) If the objecting party objects to the proposed actions, the 

Board will review its proposed determinations and consider any 

additional information provided. The Board will then issue a decision on 

whether to appoint a representative payee and who that payee will be. If 

the objecting party is dissatisfied with either determination, he or she 

may request a reconsideration under part 260 of this chapter.

    (c) If the objecting party does not file a timely objection to the 

proposed actions, the Board will issue a decision on whether to appoint 

a representative payee and who that payee will be. If the objecting 

party is dissatisfied with either determination, he or she may request a 

reconsideration under part 260 of this chapter.

    (d) A request for reconsideration or an appeal from a determination 

under this section under part 260 of this chapter shall not prevent the 

Board from making payments to a representative payee during the pendency 

of such reconsideration or appeal.

    (e) The Board's failure or refusal to select an individual as 

representative payee or the Board's termination of representative payee 

status with respect to an individual is not subject to a request for 

reconsideration or an appeal under part 260 of this chapter by such 

individual.