[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: 20CFR320.6]



[Page 543]

 

                      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.  320.6  Adjudicating office.



    (a) The term ``adjudicating office'' means any subordinate office of 

the Board which is authorized to make initial determinations and 

reconsideration decisions with respect to claims for benefits. The 

following paragraphs state which offices of the Board are adjudicating 

offices and define their authority to make determinations or decisions.

    (b) Field offices. Field offices are authorized to make initial 

determinations on the following issues relating to eligibility for 

unemployment or sickness benefits, as the case may be:

    (1) Availability for work;

    (2) Voluntary leaving of work, with or without good cause;

    (3) Failure to accept work or apply for work or failure to report to 

an employment office;

    (4) Timely registration for unemployment benefits under Sec.  325.2 

of this chapter and timely filing of claims for sickness benefits under 

Sec.  335.4(c) of this chapter;

    (5) Receipt of remuneration for claimed days of unemployment or 

sickness, as the case may be;

    (6) Mileage or work restrictions and stand-by or lay-over rules;

    (7) Whether the claimant's unemployment is due to a strike.

    (8) Whether a claimant's earnings attributable to days in a period 

for which he or she has registered for unemployment benefits exceed the 

amount of the applicable monthly compensation base.

    (c) Regional offices. Board regional offices are authorized to make 

determinations on any of the issues listed in paragraph (b) of this 

section. In addition, regional offices are authorized to make initial 

determinations on the following issues:

    (1) Erroneous payment of benefits, including fraud;

    (2) Applicability of the disqualification in section 4(a-2)(iii) of 

the Railroad Unemployment Insurance Act if the claimant's unemployment 

results from a strike against a non-railroad employer by which he is 

employed;

    (3) Determination of the amount of the Board's claim for 

reimbursement from pay for time lost payments under section 2(f) of the 

Railroad Unemployment Insurance Act or damages for personal injury under 

section 12(o) of the Railroad Unemployment Insurance Act.

    (d) Director of Operations. The Director of Operations is authorized 

to make determinations on all issues of eligibility for unemployment and 

sickness benefits as set forth in paragraphs (b) and (c) of this 

section, and on any other issue not reserved to the Director of Policy 

and Systems by paragraph (e) of this section.

    (e) Director of Policy and Systems. The Director of Policy and 

Systems shall adjudicate:

    (1) The applicability of the disqualification in section 4(a-2)(iii) 

of the Railroad Unemployment Insurance Act if the claimant's 

unemployment results from a strike against a railroad employer by which 

he or she is employed; and

    (2) Whether a plan submitted by an employer or other person or 

company qualifies as a nongovernmental plan for unemployment or sickness 

insurance, within the meaning of part 323 of this chapter.

    (f) Debt Recovery Manager. The Debt Recovery Manager shall 

adjudicate:

    (1) All requests for waiver of recovery of an erroneous payment made 

under the Railroad Unemployment Insurance Act; and

    (2) Offers of compromise of debts arising out of the benefit 

provisions of the Railroad Unemployment Insurance Act.



[53 FR 2486, Jan. 28, 1988, as amended at 60 FR 28534, June 1, 1995; 67 

FR 77156, Dec. 17, 2002]