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TITLE 20_EMPLOYEES' BENEFITS

Part

04

Chapter 1-Bureau of Employees' Compensation, Federal Security Agency....
Chapter II_Railroad Retirement Board......

200 Chapter III—Social Security Administration (Old-Age and Survivors Insurance), Federal Security Agency.

403 Nore: Other regulations issued by the Federal Security Agency appear in Title 21, Chapter I, Title 42, and Title 45.

CHAPTER I-BUREAU OF EMPLOYEES' COMPENSATION,

FEDERAL SECURITY AGENCY

N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 6 U.S.C. 1002, 1003).

Part
04 Delegations of authority. (Amended)

ABBREVIATIONS: The following abbreviations are used in this chapter:
F.R. Federal Register
Stat. Statutes at Large
U.S.C. United States Code

PART 04—DELEGATIONS OF

AUTHORITY

$ 04.11 Delegations of authority. * * * (b) . .

Subpart B_United States Employees'

Compensation Act and Extensions
Thereof

(6) The Institute of Inter-American Affairs and the Inter-American Educational Foundation, Inc., in the other American republics. (Subparagraph (6) amended, approved Jan. 29, 1947, 12 F.R. 791)

Sec.

CHAPTER II-RAILROAD RETIREMENT BOARD

N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 807) and section 3 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C. 1002).

Part
200 Organization and procedures. (Amended]

Subchapter A-Regulations Under the Railroad Retirement Act

203 Employees under the act. (Revised] 208 Eligibility for an annuity. (Revised] 209 Military service. (Amended] 210 Execution and filing of an application for an annuity. (Amended) 214 Annuity beginning date. (Amended] 216 Relinquishment of rights. (Amended) 217 Loss of annuity for any month by reason of compensated service. (Amended] 220 Definition and creditability of service. (Amended) 222 Definition and creditability of compensation. (Amended) 225 Computation of annuity. [Amended) 230 Elections of joint and survivor annuities. [Amended] 234 Annuities due but unpaid at death. [Added) 235 Payments upon death occurring before January 1, 1947. [Amended) 236 Payments of benefits of $500 or less. [Amended) 237 Insurance annuities and lump sums for survivors. [Added] 239 Proofs required in support of claims for benefits. [Added] 250 Reports, information, hearings and witnesses. (Amended) 260 Appeals within the Board. (Revised] 265 Applicability of 1935 or 1937 Act. (Revoked]

Subchapter B-Regulations Under the Railroad Unemployment Insurance Act 320 Determinations by regional offices under the Railroad Unemployment Insur

ance Act and appeals from such determinations. [Added] 325 Registration and claims for benefits. (Amended) 335 Sickness benefits and maternity benefits. [Added] 345 Employers' contributions and contribution reports. (Amended) 346 Employee representatives' contributions and reports. [Revoked).

ABBREVIATIONS: The following abbreviations are used in this chapter: Cong.

Congress

Federal Register
Pub. Law Public Law
Reg.(s) Regulation(s)
Sec.(8) Section(s)
Stat.

Statutes at Large
U.S.C. United States Code

FR.

PART 200/ORGANIZATION AND

PROCEDURES Sec. 200.7 Description of forms and instructions.

(Amended] $ 200.7 Description of forms and instructions. (a) .

(91) Form G-467, Parent's Certificate of Dependency and Support. This is the form on which a parent who is applicant for benefits as a dependent parent of a deceased employee must furnish information with regard to his support by, and dependence on the employee.

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thority to Act for Emplovee. This is a form to be used by a person in furnishing information concerning his authority when applying for sickness benefits under the Railroad Unemployment Insurance Act on behalf of an employee who is unable to sign documents and transact business in connection with obtaining such benefits.

(94) Form SI-101, Application for Maternity Benefits. This is the form to be used by a female employee in applying for a claim form on which to claim maternity benefits. The form provides for a statement by the employee of prior employment and of the birth or expected

birth of a child; and also for a waiver of any existing "doctor-patient privilege" with respect to the maternity sickness for which the claim is made. This form is to be mailed, together with completed Form SI-104, Statement of Maternity Sickness to the Railroad Retirement Board, 844 Rush Street, Chicago 11, mlinois.

(95) Form SI-103, Claim for Maternity Benefits. This is the form to be used in making claim for maternity benefits under the Railroad Unemployment Insurance Act.

(96) Form SI-104, Statement of Maternity Sickness. This is the form to be executed by a doctor of medicine in connection with an application for maternity benefits, and is to be furnished to the Board, upon execution, together with completed Form SI-101, Application for Maternity Benefits. (Subparagraphs (91)-(96) added, June 30, 1947, 12 F.R. 4368]

Subchapter A-Regulations Under the Railroad Retirement Act PART 203_EMPLOYEES UNDER THE in section 1 (a) and who is duly authorized ACT [REVISED)

and designated to represent employees in ac

cordance with the Railway Labor Act, as Sec.

amended, and any individual who is regularly 203.1 Statutory provision.

assigned to or regularly employed by such 203.2 General definition of employee.

officer or official representative in connection 203.3 When an individual is performing with the duties of his office. service for an employer.

The term "employee" shall not include any 203.4 When service is compensated.

individual while such individual is engaged 203.5 Service outside the United States.

in the physical operations consisting of the 203.6 Age, citizenship and other factors..

mining of coal, the preparation of coal, the 203.7 Local lodge employee.

handling (other than movement by rail with AUTHORITY: $8 203.2 to 203.7, inclusive, standard railroad locomotives) of coal not (with the exceptions in parentheses following

beyond the mine tipple, or the loading of sections affected) issued under secs. 1, 10, 50

coal at the tipple. Stat. 307, 314 as amended; 45 U.S.C. 228a,

An individual is in the service of an em228).

ployer whether his service is rendered within

or without the United States if (1) he is subSOURCE: $ $ 203.1 to 203.7, inclusive, con

ject to the continuing authority of the emtained in Regulations, Railroad Retirement

ployer to supervise and direct the manner of Board, Feb. 11, 1947, 12 F.R. 1133.

rendition of his service, or he is rendering

professional or technical services and is in$ 203.1 Statutory provision.

tegrated into the staff of the employer, or The term "employee" means (1) any in he is rendering, on the property used in the dividual in the service of one or more em. employer's operations, other personal services ployers for compensation, (2) any individual the rendition of which is integrated into the who is in the employment relation to one or employer's operations, and (ii) he renders more employers, and (3) an employee repre such service for compensation, or a method sentative. The term "employee" shall in of computing the monthly compensation for clude an employee of a local lodge or division such service is provided in section 3 (c). defined as an employer in sub-section (a) Provided, however, That an individual shall only if he was in the service of or in the be deemed to be in the service of an ememployment relation to a carrier on or after ployer, other than a local lodge or division the enactment date. The term "employee or a general committee of a railway-laborrepresentative" means any officer or official organization employer, not conducting the representative of a railway labor organization principal part of its business in the United other than a labor organization included in States only when he is rendering service to the term "employer" as defined in section 1 it in the United States; and an individual (a) who before or after the enactment date shall be deemed to be in the service of such was in the service of an employer as defined a local lodge or division only if (1) all, or

substantially all, the individuals constituting Its membership are employees of an employer conducting the principal part of its business in the United States; or (2) the headquarters of such local lodge or division is located in the United States; and an individual shall be deemed to be in the service of such a general committee only if (1) he is representing a local lodge or division described in clauses (1) or (2) immediately above; or (2) all, or substantially all, the individuals represented by it are employees of an employer conducting the principal part of its business in the United States; or (3) he acts in the capacity of a general chairman or an assistant general chairman of a general committee which represents individuals rendering service in the United States to an employer, but in such case if his office or headquarters is not located in the United States and the individuals represented by such general committee are employees of an employer not conducting the principal part of its business in the United States, only such proportion of the remuneration for such service shall be regarded as compensation as the proportion which the mileage in the United States under the jurisdiction of such general committee bears to the total mileage under its jurisdiction, unless such mileage formula is inapplicable in which case the Board may prescribe such other formula as it finds to be equitable, and if the application of such mileage formula, or such other formula as the Board may prescribe, would result in the compensation of the individual being less than 10 per centum of his remuneration for such service no part of such remuneration shall be regarded as compensation. Provided further, That an individual not a citizen or resident of the United States shall not be deemed to be in the service of an employer when rendering service outside the United States to an employer who is required under the laws applicable in the place where the service is rendered to employ therein, in whole or in part, citizens or residents there of; and the laws applicable on August 29, 1935, in the place where the service is rendered shall be deemed to have been applicable there at all times prior to that date.

8 203.2 General definition of employee. An individual shall be an employee whenever (a) he is engaged in performing compensated service for an employer or (b) he is in an employment relation to an employer, or (c) he is an employee representative, or (d) he is an officer of an employer.

$ 203.3 When an individual is performing service for an employer. The legal relationship of employer and employee is defined by the act. Thus, an individual is performing service for an employer if :

(a) He is subject to the right of an employer, directly or through another, to

supervise and direct the manner in which his services are rendered; or

(b) In rendering professional or technical services he is integrated into the staff of the employer; or

(c) He is rendering personal services on the property used in the operations of the employer and the services are integrated into those operations. These provisions are controlling irrespective of whether the service is performed on a part-time basis, and, with respect to paragraph (a) of this section, irrespective of whether the right to supervise and direct is exercised.

$ 203.4 When service is compensated. Service shall be "compensated" if it is performed for compensation, as that term is defined in Part 222 of this chapter: Provided, however, That service prior to September 1941, of a station employee whose duties consisted of or included the carrying of passengers' hand baggage and otherwise assisting passengers at passenger stations shall be considered compensated service although the individual's remuneration was, in whole or in part, in the form of tips. (For the effect of compensation of less than $3.00 per month earned after December 31, 1936, for service to a local lodge or division of a railway-labor-organization employer, see Part 222 of this chapter.) (Secs. 3, 10, 50 Stat. 311, 314 as amended by secs. 2, 209, Pub. Law 572, 79th Cong., 45 U. S. C. 228c, 228j)

$ 203.5 Service outside the United States. (a) An individual shall not be an employee by reason of rendition of service to an employer other than a local lodge or division, or a general committee of a railway-labor-organization employer, not conducting the principal part of of its business in the United States except while engaged in performing service for it in the United States.

(b) An individual shall not be an employee by reason of rendition of service to a local lodge or division, unless:

(1) All, or substantially all the individ. uals constituting the membership of such local lodge or division are employees of an employer conducting the principal part of its business in the United States; or

(2) The headquarters of such local lodge or dvision is located in the United States.

(c) An individual shall not be an employee by reason of rendition of service

1, 10, 50 Stat. 308, 314 as amended, 45 U. S. C. 228a, 228j)

$ 203.7 Local lodge employee. An individual who, prior to January 1, 1937, shall have rendered service to a local lodge or division of a railway labor organization included as an employer under section 1 (a) of the act, shall be an employee with respect to such service to such local lodge or division only if he was on August 29, 1935, in the service of or in an employment relation to an employer which was a carrier. An individual who, subsequent to December 31, 1936, shall have rendered service to a local lodge or division of a railway labor organization included as an employer under section 1 (a) of the act, shall be an employee with respect to such service to such local lodge or division only with respect to such service as was preceded by service, or an employment relation, on or after August 29, 1935, to an employer which was a carrier. (For the effect of compensation less than $3.00 per month earned after December 31, 1936, for service to a local lodge or division of a railway-labor-organization employer, see Part 222 of this chapter.)

to a general committee of a railwaylabor-organization employer, unless:

(1) Such individual is representing a local lodge or division all, or substantially all, of whose members are employees of an employer conducting the principal part of its business in the United States or the headquarters of such local lodge or division is located in the United States; or

(2) All or substantially all, the individuals represented by such a general committee are employees of an employer conducting the principal part of its business in the United States; or

(3) Such an individual acts in the capacity of a general chairman or an assistant general chairman of a general committee which represents individuals rendering service in the United States to an employer; Provided, however, That if the office or headquarters of such general chairman or assistant general chairman is not located within the United States he will not be an employee unless 10 per cent or more of his remuneration for service as general chairman or assistant general chairman is creditable as compensation, the creditable compensation to be computed according to the proportion which the mileage in the United States under the jurisdiction of such general committee bears to the total mileage under its jurisdiction, or according to a formula to be prescribed by the Board if the mileage formula is inapplicable.

$ 203.6 Age, citizenship and other factors. The age, citizenship or residence of an individual, or his designation as other than an "employee" shall not be controlling in determining whether or not such individual is an employee within the meaning of the act, except that an individual not a citizen or resident of the United States shall not be deemed to be in the service of an employer when rendering service outside the United States to an employer who is required by the laws of the place where the service is performed to employ, in whole or in part, citizens or residents thereof and the laws in force therein on August 29, 1935, shall be deemed to have been in force at all times prior to that date, and in no case shall the years of service include any service after the end of the calendar year in which the individual attains the age of sixty-five and after June 30, 1937. (Secs.

PART 208_ELIGIBILITY FOR AN

ANNUITY (REVISED) Sec. 208.1 Statutory provision. 208.2 Employee status. 208.5 Current connection with the rail

road Industry; (self-employment). 208.7 Annuities for employees. 208.9 Regular occupation defined. 208.11 Establishment of permanent dise

bility for work in the applicant's

"regular occupation". 208.13 “Any regular employment" defined. 208.15 Cessation of service to a local lodge

or division. 208.17 Establishment of permanent disa

bility for any regular employment. 208.25 Proof of continuance of disability. 208.27 Disability annuitant to notify of re

covery from disability, and of performance of service for hire or of

self-employment. 208.29 When disability annuities cease. 208.31 Cessation of disability annuity not

prejudicial to further eligibility. AUTHORITY: $8 208.1 to 208.31 inclusive (with exceptions cited in parentheses following sections affected), issued under secs. 2, 10, 50 Stat. 309, 314, secs. 203, 205, 206, Pub. Law 572, 79th Cong., 45 U.S.C., 228b, 228).

SOURCE: $ $ 208.1 to 208.31, inclusive, contained in Regulations, Railroad Retirement Board, Jan. 31, 1947, 12 F.R. 859, except as noted following provisions affected.

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