[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: 20CFR295.7]



[Page 534-535]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 295_PAYMENTS PURSUANT TO COURT DECREE OR COURT-APPROVED PROPERTY 

SETTLEMENT--Table of Contents

 

Sec.  295.7  Miscellaneous.



    (a) Disbursement cycle. In honoring and complying with a court 

decree or property settlement, the Board shall



[[Page 535]]



not be required to disrupt its normal disbursement cycle, despite any 

special schedule of accrual or payment of amounts due the spouse or 

former spouse set forth in the decree or settlement. A decree or 

settlement received too late to be honored during the disbursement cycle 

in which it was received shall be honored with respect to the next 

payment due the employee.

    (b) Liability for payments. Neither the Board nor any of its 

employees shall be liable with respect to any payment made to any 

individual from moneys due from or payable by the Board pursuant to a 

court decree or property settlement regular on its face, if such payment 

is made in accordance with this part.

    (c) Liability for disclosures. No employee of the Board whose duties 

include responding to requirements contained in this part shall be 

subject under any law to any disciplinary action or civil or criminal 

liability or penalty for, or on account of, any disclosure of 

information made by such employee in connection with the performance of 

the employee's duties in making such response.

    (d) Applicable law. For purposes of a proceeding under this part, 

the Board will apply the law of the jurisdiction in which the court 

decree or property settlement was issued unless it comes to the 

attention of the Board that the state of issuance has no contact with 

the plaintiff or defendant in the action; in which case, the Board may, 

in its sole discretion, apply the law of any jurisdiction with 

significant interest in the matter.

    (e) Erroneous payments. If a spouse or former spouse receives a 

payment pursuant to this part from an employee's benefit, and the Board 

later determines that the employee was not entitled to all or part of 

those benefits for any month, the amount of the employee's benefits 

which was paid to the spouse or former spouse in excess of the amount 

which was actually payable shall be an erroneous payment to the spouse 

or former spouse within the meaning of section 10 of the Railroad 

Retirement Act.



[[Page 536]]