[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: 20CFR320.11]



[Page 545-546]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 320_INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT 

INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH DETERMINATIONS

--Table of Contents

 

Sec.  320.11  Request for waiver of recovery.



    (a) Time limitation. The claimant shall have 60 days from the date 

of the notification of the erroneous payment determination in which to 

file a request for waiver, except that where an erroneous payment is not 

subject to waiver in accordance with Sec.  340.10(e) of this chapter, 

waiver may not be requested and recovery will not be stayed. Such 

requests shall be made in writing and be filed by mail or in person at 

any Board office. The claimant shall, along with the request, submit any 

evidence and argument which he or she would like to present in support 

of his or her case. A request solely for reconsideration of an 

overpayment shall not be considered a request for waiver under this 

section but shall be treated as a request for reconsideration under 

Sec.  320.10 of this part.

    (b) Recovery action. Where a claimant has made a timely request for 

waiver of recovery, no action will be taken to recover the erroneous 

payment by setoff against current benefits prior to a decision on such 

request; provided however, That the Board may, prior to a decision, 

withhold the amount of the erroneous payment from benefit payments under 

any of the following circumstances:

    (1) The claimant admits he or she was at fault in causing the 

overpayment;

    (2) The claimant is found to have committed fraud;

    (3) The claimant authorizes recovery by setoff or agrees to 

repayment; or

    (4) The amount of erroneous payment is not subject to waiver or 

provided for in Sec.  340.10(e) of this chapter.

    (c) Review of evidence. Upon request, the claimant shall have an 

opportunity to review all evidence and documents that pertain to the 

erroneous payment determination.

    (d) Decision. The Debt Recovery Manager shall make a decision on the 

claimant's request for waiver of recovery and shall notify the claimant 

accordingly. The decision of the Manager shall include the basis of the 

decision, setting forth his or her reasons for the decision including 

the impact, if any, of any evidence submitted by the base-year or last 

employer. If the Manager decides that waiver of recovery is not 

appropriate, the adjudicating office shall wait 15 days from the date of 

the notification of the waiver decision before taking any action to 

recover the erroneous payment. If the Manager decides that recovery 

should be waived, any amount of the erroneous payment so waived but 

previously recovered by setoff shall be refunded to the claimant.

    (e) Appeal. If the Debt Recovery Manager decides that waiver of 

recovery is not appropriate, the claimant shall have the right to appeal 

such decision as provided under Sec.  320.12 of this part.

    (f) Requests made after 60 days. Nothing in this section shall be 

taken to mean that waiver of recovery will not be considered in those 

cases where the request for waiver is not filed within 60 days, but 

action to recover the erroneous payment will not be deferred if such 

request is not filed within 60 days, and any amount of the erroneous 

payment recovered prior to the date on which the request is filed shall 

not be



[[Page 546]]



subject to waiver under part 340 of this chapter. Further, it shall not 

be considered that a claimant prejudices his or her request for waiver 

by tendering all or a portion of an erroneous payment or by selecting a 

particular method of repaying the debt. However, no waiver consideration 

shall be given to a debt which is settled by compromise.

    (g) Evidence provided by base-year employer(s) and most recent 

employer, if different. In making a decision under paragraph (d) of this 

section, the Debt Recovery Manager shall consider all evidence of record 

including any evidence submitted by the claimant's base-year employer(s) 

and the most recent employer, if different. Where a claimant has 

requested waiver the Manager shall notify his or her base-year 

employer(s) and the most recent employer, if different, of the right to 

submit, within 30 days, any information which may be pertinent to the 

waiver decision.



[56 FR 65680, Dec. 18, 1991, as amended at 67 FR 77156, Dec. 17, 2002]