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. 307) and section 3 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C. 1002). 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. 225 Computation of annuity. [Amended] [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 Insurance 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: (92) Form SI-3, Claim for Sickness Benefits. This is the form to be used for making claim for sickness benefits under the Railroad Unemployment Insurance Act and is to be forwarded to the Board office indicated on the form. (93) Form SI-10, Statement of Authority to Act for Employee. 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, Illinois. (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 Sec. 203.1 Statutory provision. 203.2 General definition of employee. 203.4 When service is compensated. AUTHORITY: §§ 203.2 to 203.7, inclusive, (with the exceptions in parentheses following sections affected) issued under secs. 1, 10, 50 Stat. 307, 314 as amended; 45 U.S.C. 228a, 2281. SOURCE: $203.1 to 203.7, inclusive, contained in Regulations, Railroad Retirement Board, Feb. 11, 1947, 12 F.R. 1133. § 203.1 Statutory provision. The term "employee" means (1) any individual in the service of one or more employers for compensation, (2) any individual who is in the employment relation to one or more employers, and (3) an employee representative. The term "employee" shall include an employee of a local lodge or division defined as an employer in sub-section (a) only if he was in the service of or in the employment relation to a carrier on or after the enactment date. The term "employee representative" means any officer or official representative of a railway labor organization other than a labor organization included in the term "employer" as defined in section 1 (a) who before or after the enactment date was in the service of an employer as defined in section 1 (a) and who is duly authorized and designated to represent employees in accordance with the Railway Labor Act, as amended, and any individual who is regularly assigned to or regularly employed by such officer or official representative in connection with the duties of his office. The term "employee" shall not include any individual while such individual is engaged in the physical operations consisting of the mining of coal, the preparation of coal, the handling (other than movement by rail with standard railroad locomotives) of coal not beyond the mine tipple, or the loading of coal at the tipple. An individual is in the service of an employer whether his service is rendered within or without the United States if (i) he is subject to the continuing authority of the employer to supervise and direct the manner of rendition of his service, or he is rendering professional or technical services and is integrated into the staff of the employer, or he is rendering, on the property used in the employer's operations, other personal services the rendition of which is integrated into the employer's operations, and (ii) he renders such service for compensation, or a method of computing the monthly compensation for such service is provided in section 3 (c).Provided, however, That an individual shall be deemed to be in the service of an employer, other than a local lodge or division or a general committee of a railway-labororganization employer, not conducting the principal part of its business in the United States only when he is rendering service to it in the United States; and an individual shall be deemed to be in the service of such 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 thereof; 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. § 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 individuals 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 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. 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.) PART 208-ELIGIBILITY FOR AN Sec. 208.1 208.2 208.5 208.7 208.9 208.11 208.13 208.15 208.17 208.25 208.27 208.29 208.31 ANNUITY [REVISED] Statutory provision. Current connection with the rail- Regular occupation defined. Establishment of permanent disability for work in the applicant's "regular occupation". "Any regular employment" defined. Cessation of service to a local lodge or division. Establishment of permanent disability for any regular employment. Proof of continuance of disability. Disability annuitant to notify of recovery from disability, and of performance of service for hire or of self-employment. When disability annuities cease. Cessation of disability annuity not prejudicial to further eligibility. AUTHORITY: §§ 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, 228j. 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. § 208.1 Statutory provision. (a) The following described individuals, if they shall have been employees on or after the enactment date, shall, subject to the conditions set forth in section 1 (b), (c), and (d) of the Act as amended be eligible for annuities after they shall have ceased to render compensated service to any person, whether or not an employer as defined in section 1 (a) of the Act as amended (but with the right to engage in other employment to the extent not prohibited by subsection (d) of the Act as amended): (1) Individuals who on or after the enactment date shall be sixty-five years of age or over. (2) Women who will have attained the age of sixty and will have completed thirty years of service. (3) Individuals who will have attained the age of sixty and will have completed thirty years of service, but the annuity of such an individual shall be reduced by one one-hundred-and-eightieth for each calendar month that he is under age sixty-five when his annuity begins to accrue. (4) Individuals having a current connection with the railroad industry, and whose permanent physical or mental condition is such as to be disabling for work in their regular occupation, and who (1) will have completed twenty years of service or (ii) will have attained the age of sixty. The Board, with the cooperation of employers and employees, shall secure the establishment of standards determining the physical and mental conditions which permanently disqualify employees for work in the several occupations in the railroad industry, and the Board, employers, and employees shall cooperate in the promotion of the greatest practicable degree of uniformity in the standards applied by the several employers. An individual's condition shall be deemed to be disabling for work in his regular occupation if he will have been disqualified by his employer because of disability for service in his regular occupation in accordance with the applicable standards so established; if the employee will not have been so disqualified by his employer, the Board shall determine whether his condition is disabling for work in his regular occupation in accordance with the standards generally established; and, if the employee's regular occupation is not one with respect to which standards will have been established, the standards relating to a reasonably comparable occupation shall be used. If there is no such comparable occupation, the Board shall determine whether the employee's condition is disabling for work in his regular occupation by determining whether under the practices generally prevailing in industries in which such occupation exists such condition is a permanent disqualification for work in such Occupation. For the purposes of this section, an employee's "regular occupation" shall be deemed to be the occupation in which he will have been engaged in more calendar months than the calendar months in which he will have been engaged in any other occupation during the last preceding five calendar years, whether or not consecutive, in each of which years he will have earned wages or salary, except that, if an employee establishes that during the last fifteen consecutive calendar years he will have been engaged in another occupation in one-half or more of all the months in which he will have earned wages or salary, he may claim such other occupation as his regular occupation; or (5) Individuals whose permanent physical or mental condition is such that they are unable to engage in any regular employment and who (1) have completed ten years of service, or (ii) have attained the age of sixty. Such satisfactory proof shall be made from time to time as prescribed by the Board, of the disability provided for in subparagraph 4 or 5 of this paragraph and of the continuance of such disability (according to the standards applied in the establishment of such disability) until the employee attains the age of sixty-five. If the individual fails to comply with the requirements prescribed by the Board as to proof of the continuance of the disability until he attains the age of sixty-five years, his right to an annuity by reason of such disability shall, except for good cause shown to the Board, cease, but without prejudice to his rights to any subsequent annuity to which he may be entitled. If before attaining the age of sixtyfive an employee in receipt of an annuity under subparagraph 4 or 5 of this paragraph is found by the Board to be no longer disabled as provided in said paragraph his annuity shall cease upon the last day of the month in which he ceases to be so disabled. An employee, in receipt of such annuity, who earns more than $75 in service for hire, or in self-employment, in each of any six consecutive calendar months, shall be deemed to cease to be so disabled in the last of such six months; and such employee shall report to the Board immediately all such service for hire, or such self-employment. If after cessation of his disability annuity the employee will have acquired additional years of service, such additional years of service may be credited to him with the same effect as if no annuity had previously been awarded to him. (b) An annuity shall be paid only if the applicant shall have relinquished such rights as he may have to return to the service of an employer and of the person by whom he was last employed; but this requirement shall not apply to the individuals mentioned in paragraphs (a) 4 and 5 of this section prior to attaining age sixty-five. (c) An annuity shall begin to accrue as of a date to be specified in a written application (to be made in such manner and form as may be prescribed by the Board and to be |