[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR260.1]

[Page 513-515]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 260_REQUESTS FOR RECONSIDERATION AND APPEALS WITHIN THE BOARD--Table of 
 
Sec.  260.1  Initial decisions.

    (a) General. Claims for benefits shall be adjudicated and initial 
decisions made by the Board concerning:
    (1) Applications for benefits under the Railroad Retirement Act;
    (2) The withdrawal of an application;
    (3) A change in an annuity beginning date;
    (4) The termination of an annuity;
    (5) The modification of the amount of an annuity or lump-sum 
benefit;
    (6) The reinstatement of an annuity which had been terminated or 
modified;
    (7) The existence of an erroneous payment;
    (8) The recovery of the amount of an erroneous payment;
    (9) The eligibility of an individual for a supplemental annuity or 
the amount of such supplemental annuity;
    (10) Whether representative payment shall serve the best interests 
of an annuitant as a result of that individual's incapacity to manage 
his annuity payments; and
    (11) Who shall be designated or continued as representative payee on 
behalf of an annuitant.
    (b) Adjudication of claim and the issuance of initial decision. 
Adjudication of a claim and the issuance of an initial decision shall be 
in accordance with instructions issued by the Board and shall be made 
upon the basis of evidence submitted by the claimant and evidence 
otherwise available.
    (c) Recovery of erroneous payment. A decision to recover the amount 
of an erroneous payment under paragraph

[[Page 514]]

(a)(8) of this section by suspension or reduction of a monthly benefit 
payable by the Board shall not be made prior to a date 30 calendar days 
after the date on which notice of the erroneous payment decision is sent 
to the beneficiary or payee of the benefit as provided in Sec.  
260.1(d)(6).
    (d) Notice of initial decision. (1) In all cases except those 
described in paragraph (d)(2) through (4) and (6) of this section, 
written notice of an initial decision shall be mailed by the Board to 
the claimant, annuitant or payee of an annuity at the individual's last 
known address within 30 calendar days after such decision is made. Such 
notice shall inform the claimant, annuitant or payee of an annuity of 
the reason(s) for the decision and such individual's right to 
reconsideration of such initial decision as provided in Sec.  260.3.
    (2) No notice of an initial decision by the Board shall be required 
when the death of an annuitant causes the entitlement to an annuity to 
cease.
    (3) When an initial decision is made that an annuitant's entitlement 
to a disability has ended, written notice of the decision shall be 
mailed to the annuitant or payee of an annuity at the annuitant's or 
payee's last known address. Such notice shall inform the annuitant or 
payee of an annuity:
    (i) Of the date on which the recovery from disability is found to 
have occurred;
    (ii) Of the reason(s) supporting such a finding of recovery;
    (iii) That entitlement to the annuity ends on the last day of the 
second month after the month in which disability ends as described in 
Sec.  220.181;
    (iv) That the Board will stop payment of the annuitant's disability 
annuity with the last day of the second month following the month in 
which disability ends as described in Sec.  220.181, or the last day of 
the first month following the month in which the notice provided by this 
paragraph is sent by the Board, whichever date is later:
    (v) That any annuity payments received after entitlement has ended 
will have to be repaid unless waiver of recovery is appropriate;
    (vi) That prior to the termination date of the annuity the annuitant 
or payee of an annuity may submit to the Board any information in 
writing which the annuitant or payee desires to be considered by the 
Board in its review;
    (vii) That if no information in writing is received by the Board 
before the termination date the annuity will be terminated as scheduled 
on that date; and
    (viii) That the annuitant or payee has the right to reconsideration 
of such decision as provided in Sec.  260.3.
    (4) When an initial decision would result in the termination of an 
annuity for which there are competing claims or as a result of the 
receipt by the Board of information from a source other than the 
annuitant or payee of an annuity, written notice of the proposed 
decision shall be mailed to the annuitant or payee of an annuity at such 
annuitant's or payee's last known address. Such notice shall inform the 
annuitant or payee of an annuity:
    (i) Of the reason(s) for the annuity termination;
    (ii) That the annuitant or payee has 30 calendar days from the date 
of the notice to submit to the Board any information in writing which 
such annuitant or payee desires to be considered by the Board in its 
review;
    (iii) That payment of the annuity will either cease or a decision to 
continue payment of such annuity shall be made after the Board has 
considered any information in writing which may be submitted to the 
Board within 30 calendar days from the date of the notice;
    (iv) That if no information in writing is received within 30 
calendar days from the date of the notice, payment of the annuity will 
cease at the end of that 30-day period; and
    (v) That the annuitant or payee has the right to reconsideration of 
such decision as provided in Sec.  260.3.
    (5) Whenever the Board receives any significant information in 
writing from an annuitant or payee of an annuity as a result of mailing 
the notice described in paragraph (d)(4) of this section, the Board 
shall forward a copy of such information to each of the individuals who 
has filed a competing claim for such annuity informing them that:

[[Page 515]]

    (i) The annuity will either be terminated at the specified time or a 
decision to continue payment of the annuity will be made by the Board; 
and
    (ii) They may respond to such information and their response will be 
considered by the Board provided that it is received by the Board within 
a reasonable time. When the Board decision in such case is to continue 
payment of the annuity, the Board shall send notice of such initial 
decision to each of the competing claimants in accordance with paragraph 
(d)(1) of this section.
    (6) When an initial decision that an erroneous payment has been made 
to a beneficiary is made under paragraph (a)(7) of this section, written 
notice of that decision shall be mailed to the beneficiary or payee of 
the benefit at such beneficiary's or payee's last known address within 
30 calendar days after such decision is made. Such notice shall inform 
the beneficiary or payee:
    (i) Of the reason(s) for the decision;
    (ii) Of the methods by which recovery may be made;
    (iii) Of the possibility of waiver of recovery of the erroneous 
payment;
    (iv) Of the conditions which must be met before waiver of recovery 
could be granted;
    (v) That the beneficiary may request waiver of recovery of the 
erroneous payment and/or reconsideration of the erroneous payment 
decision as provided in Sec.  260.4; and
    (vi) Of the possibility of an oral hearing with respect to the 
issues of waiver of recovery and reconsideration of the erroneous 
payment decision.

[47 FR 36809, Aug. 24, 1982, as amended at 55 FR 39146, Sept. 25, 1990; 
56 FR 13040, Mar. 28, 1991; 67 FR 77153, Dec. 17, 2002]