[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: 20CFR319.1]



[Page 539-540]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 319_PROCEDURE FOR DETERMINING LIABILITY FOR CONTRIBUTIONS OR 

REPAYMENTS OF BENEFITS--Table of Contents

 

Sec.  319.1  Statutory provisions.









Sec.

319.1 Statutory provisions.

319.2 Procedure for determining entitlement to benefits awarded where 

          employer status is denied, and for determining liability for 

          contributions.



    Authority: Sec. 12, 52 Stat. 1107, as amended; 45 U.S.C. 362.





    * * * In any case in which benefits are awarded to a claimant in 

whole or in part upon the basis of pay earned in the service of a person 

or company found by the Board to be an employer as defined in this Act 

but which denies that it is such an employer, such benefits awarded on 

such basis shall be



[[Page 540]]



paid to such claimant subject to a right of recovery of such benefits. 

The Board shall thereupon designate one of its officers or employees to 

receive evidence and to report to the Board on whether such benefits 

should be repaid. The Board may also designate one of its officers or 

employees to receive evidence and report to the Board whether or not any 

person or company is entitled to a refund of contributions or should be 

required to pay contributions under this Act, regardless of whether or 

not any claims for benefits will have been filed upon the basis of 

service in the employ of such person or company, and shall follow such 

procedure if contributions are assessed and payment is refused or 

payment is made and a refund claimed upon the basis that such person or 

company is or will not have been liable for such contributions. In any 

such case the Board or the person so designated shall, by publication or 

otherwise, notify all parties properly interested of their right to 

participate in the proceeding and, if a hearing is to be held, of the 

time and place of the hearing. At the request of any party properly 

interested the Board shall provide for a hearing, and may provide for a 

hearing on its own motion. The Board shall prescribe regulations 

governing the proceedings provided for in this paragraph and for 

decisions upon such proceedings.

    Final decision of the Board in the cases provided for in the 

preceding two paragraphs shall be communicated to the claimant and to 

the other interested parties within fifteen days after it is made. Any 

properly interested party notified, as hereinabove provided, of his 

right to participate in the proceedings may obtain a review of any such 

decision by which he claims to be aggrieved or the determination of any 

issue therein in the manner provided in subsection (f) of this section 

with respect to the review of the Board's decisions upon claims for 

benefits and subject to all provisions of law applicable to the review 

of such decisions. Subject only to such review, the decision of the 

Board upon all issues determined in such decision shall be final and 

conclusive for all purposes and shall conclusively establish all rights 

and obligations, arising under this Act, of every party notified as 

hereinabove provided of his right to participate in the proceedings.

    Any issue determinable pursuant to this subsection and subsection 

(f) of this section shall not be determined in any manner other than 

pursuant to this subsection and subsection (f). (Section 5(c), Railroad 

Unemployment Insurance Act.)

    In any proceeding other than a court proceeding, the rules of 

evidence prevailing in courts of law or equity shall not be controlling, 

but a full and complete record shall be kept of all proceedings and 

testimony, and the Board's final determination, together with its 

findings of fact and conclusions of law in connection therewith, shall 

be communicated to the parties within fifteen days after the date of 

such final determinations.



(Section 5(e), Railroad Unemployment Insurance Act.)



    Any claimant, or any railway labor organization organized in 

accordance with the provisions of the Railway Labor Act, of which 

claimant is a member, or any other party aggrieved by a final decision 

under subsection (c) of this section, may, only after all administrative 

remedies within the Board will have been availed of and exhausted, 

obtain a review of any final decision of the Board by filing a petition 

for review within ninety days after the mailing of notice of such 

decision to the claimant or other party, or within such further time as 

the Board may allow, in the United States court of appeals for the 

circuit in which the claimant or other party resides or will have had 

his principal place of business or principal executive office, or in the 

United States Court of Appeals for the Seventh Circuit or in the Court 

of Appeals for the District of Columbia. * * * (Section 5(f), Railroad 

Unemployment Insurance Act.)



[Board Order 58-142, 23 FR 9089, Nov. 22, 1958]