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45 U.S.C. § 228e to 228z–1 — Omitted

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45 U.S.C. § 228e to 228z–1 — Omitted

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Source location: Title 45, Chapter 9, § 228e to 228z–1; chapter-009-retirement-of-railroad-employees.md

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### Statutory Notes #### Codification Sections 228e to 228z–1 were omitted pursuant to the amendment and revision of act Aug. 29, 1935, ch. 812, by Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1305, known as the Railroad Retirement Act of 1974. Section 228e, act Aug. 29, 1935, ch. 812, § 5, as restated June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 312; amended Apr. 8, 1942, ch. 227, § 12, 56 Stat. 208; 1946 Reorg. Plan No. 2, § 4, eff. July 16, 1946; 11 F.R. 7873, 60 Stat. 1095; acts July 31, 1946, ch. 709, § 213, 60 Stat. 729; June 23, 1948, ch. 608, § 2, 62 Stat. 577; Oct. 30, 1951, ch. 632, §§ 11 to 23, 65 Stat. 685; July 18, 1952, ch. 945, § 6(d)(2), (3), 66 Stat. 777; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953 18 F.R. 2053, 67 Stat. 631; acts Aug. 31, 1954, ch. 1164, pt. I, §§ 8–14, 68 Stat. 1039; Sept. 1, 1954, ch. 1206, title I, § 106(f), title IV, § 401(b)–(d), 68 Stat. 1081, 1097; Aug. 12, 1955, ch. 869, §§ 2, 3, 69 Stat. 716; Aug. 1, 1956, ch. 836, title I, § 120(b), (c), 70 Stat. 836; Aug. 7, 1956, ch. 1022, § 2, 70 Stat. 1076; Aug. 30, 1957, Pub. L. 85–238, § 4(b), (c), 71 Stat. 520; Sept. 6, 1958, Pub. L. 85–927, § 2, 72 Stat. 1779; May 19, 1959, Pub. L. 86–28, pt. I, § 3, 73 Stat. 27; Sept. 13, 1960, Pub. L. 86–778, title II, § 211(o)(2), 74 Stat. 958; Sept. 22, 1961, Pub. L. 87–285, § 3, 75 Stat. 585; Oct. 5, 1963, Pub. L. 88–133, title I, §§ 5, 6, 77 Stat. 220; July 30, 1965, Pub. L. 89–97, title I, § 111(b)(2), title III, § 326(b), 79 Stat. 341, 400; Sept. 29, 1965, Pub. L. 89–212, § 3(c)–(e), 79 Stat. 860; Oct. 30, 1966, Pub. L. 89–699, title II, § 201(d)–(f), 80 Stat. 1076; Oct. 30, 1966, Pub. L. 89–700, title I, § 105, title III, § 301(i), (iv)(b), (c), 80 Stat. 1082, 1088; Jan. 2, 1968, Pub. L. 90–248, title I, § 151(d)(3), 81 Stat. 860; Feb. 15, 1968, Pub. L. 90–257, title I, § 105, 82 Stat. 19; Aug. 12, 1970, Pub. L. 91–377, § 3, 84 Stat. 791, July 2, 1971, Pub. L. 92–46, § 3, 85 Stat. 101; Oct. 4, 1972, Pub. L. 92–460, § 1(e), (f), 86 Stat. 766; July 6, 1973, Pub. L. 93–58, § 2, 87 Stat. 141; July 10, 1973, Pub. L. 93–69, title I, § 104(d), 87 Stat. 164, related to annuities and lump sum payments for survivors. See sections 231c and 231e of this title. Section 228f, act Aug. 29, 1935, ch. 812, § 6, as restated June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 312, related to pensions to individuals on pension or gratuity rolls of employers. See section 231o of this title. Section 228g, act Aug. 29, 1935, ch. 812, § 7, as restated June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 313, related to additional pensions or gratuities by employers. See section 231o of this title. Section 228h, act Aug. 29, 1935, ch. 812, § 8, as restated June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 313; amended July 31, 1946, ch. 709, § 214, 60 Stat. 735; Oct. 30, 1966, Pub. L. 89–700, title I, § 106, 80 Stat. 1085, related to filing of compensation returns by employers with Board. See [section 231h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231h&num=0&edition=prelim). Section 228h–1, act Oct. 9, 1940, ch. 797, § 4, 54 Stat. 1089, related to records of service and compensation prior to Jan. 1, 1937, was transferred to a note set out under [section 228h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section228h&num=0&edition=prelim). Section 228i, act Aug. 29, 1935, ch. 812, § 9, as restated June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 314; amended Oct. 10, 1940, ch. 842, § 26, 54 Stat. 1100; Oct. 30, 1966, Pub. L. 89–700, title I, § 107, 80 Stat. 1085, related to erroneous payments by the Board. See [section 231i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231i&num=0&edition=prelim). Section 228j, act Aug. 29, 1935, ch. 812, § 10, as restated June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 314; amended 1940 Reorg. Plan No. III, § 1(a), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; acts June 25, 1948, ch. 646, 19§§ 1, 32(b), 62 Stat. 875, 895, 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Oct. 15, 1949, ch. 695, § 5(a), 63 Stat. 880; Aug. 12, 1955, ch. 869, § 5, 69 Stat. 716; Sept. 6, 1958, Pub. L. 85–927, pt. I, § 3, 72 Stat. 1781; Sept. 6, 1966, Pub. L. 89–554, § 8(a), 80 Stat. 660; Oct. 30, 1966, Pub. L. 89–700, title I, § 108, 80 Stat. 1085; Feb. 15, 1968, Pub. L. 90–257, title I, § 106, 82 Stat. 21, related to establishment of Railroad Retirement Board. See [section 231f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231f&num=0&edition=prelim). Section 228k, act Aug. 29, 1935, ch. 812, § 11, as restated June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 315; amended July 31, 1946, ch. 709, § 215, 60 Stat. 735, related to court jurisdiction under this subchapter. See [section 231g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231g&num=0&edition=prelim). Section 228l, act Aug. 29, 1935, ch. 812, § 12, as restated June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 316 and amended Aug. 12, 1955, ch. 869, § 4, 69 Stat. 716, related to assignability of annuities and pension payments under this subchapter. See [section 231m of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231m&num=0&edition=prelim). Section 228m, act Aug. 29, 1935, ch. 812, § 13, as restated June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 316; amended Sept. 6, 1958, Pub. L. 85–927, pt. I, § 4, 72 Stat. 1781, related to penalties under this subchapter. See section 231l of this title. Section 228n, act Aug. 29, 1935, ch. 812, § 14, as restated June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 316, related to separability of provisions. See [section 231s of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231s&num=0&edition=prelim). Section 228o, act Aug. 29, 1935, ch. 812, § 15, as restated June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 316; amended Sept. 22, 1959, Pub. L. 86–346, title I, § 104(4), 73 Stat. 622; Oct. 5, 1963, Pub. L. 88–133, title I, § 7(a), 77 Stat. 220; Oct. 30, 1966, Pub. L. 89–699, title I, § 2, 80 Stat. 1074; Mar. 17, 1970, Pub. L. 91–215, § 3, 84 Stat. 70; Aug. 12, 1970, Pub. L. 91–377, § 5, 84 Stat. 792, related to establishment of Railroad Retirement Account. See [section 231n of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231n&num=0&edition=prelim). Section 228p, act Aug. 29, 1935, ch. 812, § 16, as added June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 317, related to authorization of appropriations under this subchapter. Section 228q, act Aug. 29, 1935, ch. 812, § 17, as added June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 317; amended Oct. 30, 1951, ch. 632, § 24, 65 Stat. 690, defined “employment” as used in this subchapter. See [section 231q of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231q&num=0&edition=prelim). Section 228r, act Aug. 29, 1935, ch. 812, § 18, as added June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 318, related to free transportation. See [section 231p of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231p&num=0&edition=prelim). Section 228s, act Aug. 29, 1935, ch. 812, § 19(a), (b), as added June 24, 1937, ch. 382, pt. I, § 1, as added Apr. 8, 1942, ch. 227, § 11, 56 Stat. 207, 208; amended Oct. 30, 1966, Pub. L. 89–700, title I, § 109, 80 Stat. 1085, related to incompetence. See [section 231k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231k&num=0&edition=prelim). Section 228s–1, act June 24, 1937, ch. 382, pt. I, § 20, as added Aug. 31, 1954, ch. 1164, pt. I, § 15, 68 Stat. 1040; amended May 19, 1959, Pub. L. 86–28, pt. I, § 4, 73 Stat. 28; Aug. 29, 1959, Pub. L. 86–211, § 8(c), 73 Stat. 436; Oct. 30, 1966, Pub. L. 89–700, title I, § 110, 80 Stat. 1085, related to waiver of annuities and pensions under this subchapter. See [section 231k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231k&num=0&edition=prelim) Section 228s–2, act Aug. 29, 1935, ch. 812, § 21, as added July 30, 1965, Pub. L. 89–97, title I, § 105(a)(1), 79 Stat. 335; amended July 30, 1965, Pub. L. 89–97, title I, § 111(b)(1), 79 Stat. 340; Jan. 2, 1968, Pub. L. 90–248, title I, § 129(c)(13), 81 Stat. 849, related to hospital insurance benefits for the aged. See [section 231f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231f&num=0&edition=prelim). Section 228s–3, act Aug. 29, 1935, ch. 812, § 22, as added Oct. 30, 1972, Pub. L. 92–603, title II, § 201(d), 86 Stat. 1373, related to hospital insurance benefits for the disabled. See [section 231f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231f&num=0&edition=prelim). Section 228t, act Oct. 30, 1951, ch. 632, § 25(d), 65 Stat. 690, related to certain retirement or survivor annuities awarded prior to Oct. 30, 1951. Section 228u, act Oct. 30, 1951, ch. 632, § 25(e), 65 Stat. 690, related to determination of entitlement to a survivor annuity. Section 228v, act Oct. 30, 1951, ch. 632, § 25(f), 65 Stat. 691, related to law governing the awards of annuities. Section 228w, act Oct. 30, 1951, ch. 632, § 25(g), 65 Stat. 691, related to increased pensions after Nov. 30, 1961. Section 228x, act Oct. 30, 1951, ch. 632, § 25(h), 65 Stat. 691, related to increased annuities under subchapter II of this chapter. Section 228y, act Oct. 30, 1951, ch. 632, § 25(i), 65 Stat. 691, related to certain reduced annuities. Section 228z, act Aug. 7, 1956, ch. 1022, § 3, 70 Stat. 1076, related to increased pensions and annuities awarded before July 1, 1956 and annuities under subchapter II of this chapter. Section 228z–1, Pub. L. 86–28, pt. I, § 5, May 19, 1959, 73 Stat. 28, related to additional increases in certain pensions and annuities. #### Actuarial Soundness of the Railroad Retirement System Pub. L. 93–69, title I, § 107, July 10, 1973, 87 Stat. 165, authorized certain designated representatives of employees and representatives of carriers to submit to the Senate Committee on Labor and Public Welfare and the House Committee on Interstate and Foreign Commerce, no later than Apr. 1, 1974, a report containing their recommendations for restructuring the railroad retirement system to assure long-term actuarial soundness. #### Adopted Child’s Reentitlement to Annuity Pub. L. 93–58, § 4(b), July 6, 1973, 87 Stat. 141, provided that any child whose entitlement to an annuity under [section 228e(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section228e/c&num=0&edition=prelim) was terminated by reason of his or her adoption prior to July 6, 1973, and who otherwise would have been entitled to an annuity under such section for a month after July, 1973, could become reentitled to his or her annuity by proper application. #### Certain Persons Becoming Employers Act July 31, 1946, ch. 709, § 409, 60 Stat. 743, provided that in the application of [section 228f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section228f&num=0&edition=prelim) with respect to persons who were not employers before the enactment of act July 31, 1946, the dates Jan. 1, 1946, and Jan. 1, 1947, were to be substituted for Mar. 1, 1937 and July 1, 1937, respectively. #### Commission on Railroad Retirement Pub. L. 91–377, § 7, Aug. 12, 1970, 84 Stat. 792, as amended by Pub. L. 92–46, § 7, July 2, 1971, 85 Stat. 102, established a commission on railroad retirement, prescribed its composition, designated the rates of pay for its members, authorized a study of the retirement system and its financing, authorized appropriations for funding the expenses of the commission, and required that the commission submit a full report on its work no later than June 30, 1972. #### Congressional Declaration of 1974 Legislative Intent Pub. L. 93–69, title I, § 108, July 10, 1973, 87 Stat. 165, provided that the Congress declared its intent to enact legislation in 1974, effective not later than Jan. 1, 1975, which would assure the long-term actuarial soundness of the railroad retirement system. #### Conversion of Special Obligations in Railroad Retirement Account on Oct. 5, 1963; Interest Rate Pub. L. 88–133, § 7(b), Oct. 5, 1963, 77 Stat. 220, provided that: “The Secretary of the Treasury is authorized to retire the special obligations held by the account on the date of enactment of this Act [Oct. 5, 1963] and to issue in lieu thereof special obligations with an interest rate determined as provided for in section 15(b) of the Railroad Retirement Act of 1937, as amended by this Act [Pub. L. 88–133].” #### Determination of Amounts of Social Security Benefits Pub. L. 91–377, § 4(c), Aug. 12, 1970, 84 Stat. 792, provided that the amount by which a social security benefit computed under Pub. L. 90–248, Jan. 2, 1968, 81 Stat. 821, known as the Social Security Amendments of 1967, for purposes of Pub. L. 91–377, was to be deemed to be an amount equal to 87 per cent of such benefit computed under Pub. L. 91–172, title X, Dec. 30, 1969, 83 Stat. 737, known as the Social Security Amendments of 1969, and the amount by which an individual’s social security benefit was increased by reason of the Social Security Amendments of 1969 was to be deemed to be 13 per cent of such individual’s social security benefit as computed under the Social Security Amendments of 1969. #### Entitlement to Annuity or Pension Under Railroad Retirement Act of 1937 as Including Entitlement Under Railroad Retirement Act of 1935 Pub. L. 89–97, title I, § 105(a)(2), July 30, 1965, 79 Stat. 335, provided that for purposes of section 21 of the Railroad Retirement Act of 1937, section 21 of act Aug. 29, 1935, as added by section 105(a)(1) of Pub. L. 89–97, and for certain other purposes, entitlement to an annuity or pension under this subchapter was to be deemed to include entitlement under subchapter II of this chapter. #### Hospital Insurance Benefits for the Aged Act Aug. 29, 1935, ch. 812, § 21, as added July 30, 1965, Pub. L. 89–97, title I, § 105(a)(1), 79 Stat. 335, required the Railroad Retirement Board to certify to the Secretary of Health, Education, and Welfare, in order to provide hospital insurance benefits for annuitants, pensioners, and certain other aged individuals for purposes of the Social Security program, the name of anyone aged 65 who was entitled to an annuity or pension under this subchapter, would have been so entitled had he ceased compensated service and had applied for such annuity, or bore a particular relationship to certain qualified employees, and specified such additional information as such certification was to include. #### Increases in Certain Pensions and Annuities Pub. L. 93–69, title I, § 105, July 10, 1973, 87 Stat. 164, provided that if title II of the Social Security Act, section 401 et seq. of Title 42, The Public Health and Welfare, was amended to provide an increase in benefits at any time during the period July 1, 1973 to Dec. 31, 1974, the pension of each recipient under [section 228f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section228f&num=0&edition=prelim) and the annuity of each recipient under this subchapter was to be increased by an amount computed under the method set forth in [section 228c(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section228c/a/6&num=0&edition=prelim). Pub. L. 92–460, § 2 Sept. 4, 1972, 86 Stat. 766, provided for 20 per cent increases in pensions under [section 228f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section228f&num=0&edition=prelim), annuities under subchapter II of this chapter, certain survivor annuities, and certain widows’ and widowers’ insurance annuities. Pub. L. 92–46, § 5, July 2, 1971, 85 Stat. 101, provided for 10 per cent increases in pensions under [section 228f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section228f&num=0&edition=prelim), annuities under subchapter II of this chapter, certain survivor annuities, and certain widows’ and widowers’ insurance annuities. Pub. L. 91–377, § 4(b)(1), Aug. 12, 1970, 84 Stat. 792, provided for 15 per cent increases in pensions under [section 228f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section228f&num=0&edition=prelim), annuities under subchapter II of this chapter, certain survivor annuities, and certain widows’ and widowers’ insurance annuities, provided that there would be a reduction in the amount of the increase where the recipient was also a recipient of certain social security benefits. Pub. L. 90–257, § 107, Feb. 15, 1968, 82 Stat. 22, provided for certain increases in pensions under [section 228f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section228f&num=0&edition=prelim), annuities under subchapter II of this chapter, survivor annuities and widows’ and widowers’ insurance annuities, provided that there would be a reduction in the amount of the increase where the recipient was also a recipient of certain social security benefits. Pub. L. 89–699, § 201(g), Oct. 30, 1966, 80 Stat. 1077, provided for 7 per cent increases in pensions under [section 228f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section228f&num=0&edition=prelim), annuities under subchapter II of this chapter, certain survivor annuities, and certain widows’ and widowers’ insurance annuities, provided that there would be a reduction in the amount of the increase where the recipient was also a recipient of certain social security benefits. #### Permanency of Increases in Certain Pensions and Annuities Pub. L. 92–460, § 6, Sept. 4, 1972, 86 Stat. 767, provided that it was the policy of Congress that the 20 per cent increase in pension and annuity benefits provided by section 2 of Pub. L. 92–460, as well as the 10 per cent and 15 per cent increases provided by section 5 of Pub. L. 92–46 and section 4(b)(1) of Pub. L. 91–377, respectively, could become permanent only if measures were taken to assure that the Railroad Retirement Account would remain solvent, and required representatives of employees, retirees, and carriers to submit to Congress reports containing their recommendations for such solvency measures no later than Mar. 1, 1973, and required the Railroad Retirement Board to submit its solvency recommendations to Congress no later than Apr. 1, 1973. #### Presumption of Higher Increases in Annuities Pub. L. 90–257, § 108(b), Feb. 15, 1968, 82 Stat. 23, provided that in cases where an annuity was payable in the month before the month with respect to which increases in benefits under title II of the Social Security Act, sections 401 et seq. of Title 42, The Public Health and Welfare, provided for by Pub. L. 90–248, Jan. 2, 1968, 81 Stat. 821, known as the Social Security Amendments of 1967, became effective in an amount determined under this subchapter, other than under the first proviso of [section 228c(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section228c/e&num=0&edition=prelim), the provisions of Pub. L. 90–257 were to be presumed to provide a higher amount of increase in annuity than the provisions of the Social Security Amendments of 1967 would provide under the first proviso of [section 228c(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section228c/e&num=0&edition=prelim). #### Railroad Retirement and Old-Age, Survivors, and Disability Insurance System Pub. L. 89–97, § 105(c), July 30, 1965, 79 Stat. 336, provided that amendments preserving the relationship between the railroad retirement and old-age, survivors, and disability insurance systems were contained in section 326 of Pub. L. 89–97, which amended sections 228 and 228e of this title. #### Transfer of Funds for Payment of Supplemental Annuities Pub. L. 91–215, § 6, Mar. 17, 1970, 84 Stat. 71, authorized the Railroad Retirement Board to request the Secretary of the Treasury to transfer from the Railroad Retirement Account to the Railroad Retirement Supplemental Account such funds as were necessary to meet the payment of the supplemental annuities pursuant to [section 228c(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section228c/j&num=0&edition=prelim), as well as the administrative expenses necessarily involved for the six months following Mar. 17, 1970, and required the Board to request the return of an equal amount plus interest to the Railroad Retirement Account from the Supplemental Account within one year from Mar. 17, 1970. Pub. L. 89–699, § 3(b), Oct. 30, 1966, 80 Stat. 1075, authorized the Railroad Retirement Board to request the Secretary of the Treasury to transfer from the Railroad Retirement Account to the Railroad Retirement Supplemental Account such funds as were necessary to meet the payment of the supplemental annuities pursuant to [section 228c(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section228c/j&num=0&edition=prelim), as well as the administrative expenses necessarily involved for the six months following Oct. 30, 1966, and required the Board to request the return of an equal amount plus interest to the Railroad Retirement Account from the Supplemental Account within one year from Oct. 30, 1966.

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 231h — Returns of compensation; conclusiveness

Employers shall file with the Board, in such manner and form and at such times as the Board by rules and regulations may prescribe, returns of compensation of employees, and, if the Board shall so require, shall furnish employees with statements of their compensation as reported to the Board. The Board’s record of the compensation so returned shall be conclusive as to the amount of compensation paid to an employee during each period covered by the return, and the fact that the Board’s records show that no return was made of the compensation claimed to have been paid to an employee during a particular period shall be taken as conclusive that no compensation was paid to such employee during that period, unless the error in the amount of compensation returned in the one case, or the failure to make return of the compensation in the other case, is called to the attention of the Board within four years after the day on which return of the compensation was required to be made.

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 231k — Incompetence

**(a)** Every individual receiving or claiming benefits, or to whom any right or privilege is extended, under this subchapter or any other Act of Congress now or hereafter administered, in whole or in part, by the Board shall be conclusively presumed to have been competent until the date on which the Board receives written notice, in a form and manner acceptable to the Board, that he is an incompetent, or a minor, for whom a guardian or other person legally vested with the care of his person or estate has been appointed: Provided, however, That, regardless of the legal competency or incompetency of an individual entitled to a benefit administered by the Board, the Board may, if it finds the interest of such individual to be served thereby, recognize actions by, and conduct transactions with, and make payments to, such individual, or recognize actions by, and conduct transactions with, and make payments to, a relative or some other person for such individual’s use and benefit. **(b)** Every guardian or other person legally vested with the care of the person or estate of an incompetent or minor who is receiving or claiming benefits, or to whom any right or privilege is extended, under this subchapter or any other Act of Congress now or hereafter administered, in whole or in part, by the Board shall have power everywhere, in the manner and to the extent prescribed by the Board, but subject to the provisions of the preceding subsection, to take any action necessary or appropriate to perfect any right or exercise any privilege of the incompetent or minor and to conduct all transactions on his behalf under this subchapter or any other Act of Congress now or hereafter administered, in whole or in part, by the Board. Any payment made pursuant to the provisions of this section

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 231f — Railroad Retirement Board

**(a) Administration** This subchapter shall be administered by the Railroad Retirement Board established by the Railroad Retirement Act of 1937 [[45 U.S.C. 228a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section228a&num=0&edition=prelim) et seq.] as an independent agency in the executive branch of the Government and composed of three members appointed by the President, by and with the advice and consent of the Senate. Each member shall hold office for a term of five years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of the term and any member holding office pursuant to appointment under the Railroad Retirement Act of 1937 when this subchapter becomes effective shall hold office until the term for which he was appointed under such Railroad Retirement Act of 1937 expires. One member shall be appointed from recommendations made by representatives of the employees and one member shall be appointed from recommendations made by representatives of employers as defined in paragraph (i) of [section 231(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231/a/1&num=0&edition=prelim), in both cases as the President shall direct, so as to provide representation on the Board satisfactory to the largest number, respectively, of employees and employers concerned. One member, who shall be the chairman of the Board, shall be appointed without recommendation by either employers or employees and shall not be in the employment of or be pecuniarily or otherwise interested in any employer or organization of employees. Vacancies in the Board shall not impair the powers or affect the duties of

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45 U.S.C. § 231m — Assignability; exemption from levy

**(a)** Except as provided in subsection (b) of this section and the Internal Revenue Code of 1986 [[26 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1&num=0&edition=prelim) et seq.], notwithstanding any other law of the United States, or of any State, territory, or the District of Columbia, no annuity or supplemental annuity shall be assignable or be subject to any tax or to garnishment, attachment, or other legal process under any circumstances whatsoever, nor shall the payment thereof be anticipated 11 So in original. Probably should be followed by a period. **(b)** (1) This section shall not operate to exclude the amount of any supplemental annuity paid to an individual under [section 231a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231a/b&num=0&edition=prelim) from income taxable pursuant to the Federal income tax provisions of the Internal Revenue Code of 1986 [[26 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1&num=0&edition=prelim) et seq.]. (2) This section shall not operate to prohibit the characterization or treatment of that portion of an annuity under this subchapter which is not computed under section 231b(a), 231c(a), or 231c(f) of this title, or any portion of a supplemental annuity under this subchapter, as community property for the purposes of, or property subject to, distribution in accordance with a court decree of divorce, annulment, or legal separation or the terms of any court-approved property settlement incident to any such court decree. The Board shall make payments of such portions in accordance with any such characterization or treatment or any such decree or settlement. (3) (A) Payments made pursuant to pa

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45 U.S.C. § 231s — Separability

If any provision of this subchapter, or the application thereof to any person or circumstance, should be held invalid, the remainder of such subchapter, or the application of such provision to other persons or circumstances, shall not be affected thereby.

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 231n — Railroad Retirement Account

**(a) Maintenance of account; authorization of appropriations** The Railroad Retirement Account established by section 15(a) of the Railroad Retirement Act of 1937 [[45 U.S.C. 228](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section228&num=0&edition=prelim)o(a)] shall continue to be maintained in the Treasury of the United States. There is hereby appropriated to such Account for each fiscal year, beginning with the fiscal year ending June 30, 1975, to provide for the payment of benefits to be made from such Account in accordance with the provisions of [section 231f(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231f/c/1&num=0&edition=prelim), and to provide for expenses necessary for the Board in the administration of all provisions of this subchapter, an amount equal to amounts covered into the Treasury (minus refunds) during each fiscal year under the Railroad Retirement Tax Act [[26 U.S.C. 3201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3201&num=0&edition=prelim) et seq.]. **(b) Authorization of appropriations; military service costs and administrative expenses** In addition to the amount appropriated in subsection (a) of this section, there is hereby authorized to be appropriated to the Railroad Retirement Account for each fiscal year, beginning with the fiscal year ending June 30, 1975, such amount as the Board determines to be necessary to meet (A) the additional costs, resulting from the crediting of military service under this subchapter, of benefits payable under [section 231a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231a&num=0&edition=prelim), but only to the extent that such Account is not reimbursed f

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45 U.S.C. § 231p — Free transportation

It shall not be unlawful for carriers by railroad subject to this subchapter to furnish free transportation to individuals receiving annuities under this subchapter in the same manner as such transportation is furnished to employees in their service.

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45 U.S.C. § 231i — Erroneous payments

**(a) Recovery** If the Board finds that at any time more than the correct amount of annuities or other benefits has been paid to any individual under this subchapter, or payment has been made to an individual not entitled thereto, recovery by adjustment in subsequent payments to which such individual, or any other individual on the basis of the same compensation, wages, or self-employment income, is entitled under this subchapter, or the Railroad Unemployment Insurance Act [[45 U.S.C. 351](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section351&num=0&edition=prelim) et seq.] may, except as otherwise provided in this section, be made under regulations prescribed by the Board. If the individual to whom more than the correct amount has been paid dies before recovery is completed, recovery may be made by setoff or adjustments, under regulations prescribed by the Board, in subsequent payments due, under this subchapter, or the Railroad Unemployment Insurance Act, to the estate of such individual or to any person on the basis of the compensation, wages, or self-employment income of such individual. The Board shall have the authority to recover from any payment which would be made to an individual by the Board under [section 231f(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231f/b/2&num=0&edition=prelim) the amount of annuity payments made to such individual which are erroneous because of such individual’s entitlement to monthly insurance benefits under title II of the Social Security Act [[42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.]. **(b) Adjustments** Adjustments under this section may be made either by deductions fr

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 231q — Crediting service under Social Security Act

(1) Except as provided in subdivision (2), the term “employment” as defined in section 216 of the Social Security Act [[42 U.S.C. 416](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416&num=0&edition=prelim)] shall not include service performed by an individual as an employee as defined in [section 231(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231/b&num=0&edition=prelim). (2) For the purpose of determining (i) monthly insurance benefits under the Social Security Act [[42 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section301&num=0&edition=prelim) et seq.] to an employee who will have completed less than ten years of service (or less than five years of service, all of which accrues after December 31, 1995) and to others deriving from him or her during his or her life and (ii) monthly insurance benefits and lump-sum death benefits under such Act with respect to the death of an employee who (A) will have completed less than ten years of service (or less than five years of service, all of which accrues after December 31, 1995) or (B) will have completed ten or more years of service (or five or more years of service, all of which accrues after December 31, 1995) but will not have had a current connection with the railroad industry at the time of his death, and for the purposes of section 203 and section 216(i) of that Act [[42 U.S.C. 403](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section403&num=0&edition=prelim), 416(i)], section 210(a)(9) of the Social Security Act [[42 U.S.C. 410(a)(9)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section410/a/9&num=0&edition=prelim)] and subdivision (1) of this section sh

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45 U.S.C. § 231g — Court jurisdiction

Decisions of the Board determining the rights or liabilities of any person under this subchapter shall be subject to judicial review in the same manner, subject to the same limitations, and all provisions of law shall apply in the same manner as though the decision were a determination of corresponding rights or liabilities under the Railroad Unemployment Insurance Act [[45 U.S.C. 351](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section351&num=0&edition=prelim) et seq.] except that the time within which proceedings for the review of a decision with respect to an annuity, supplemental annuity, or lump-sum benefit may be commenced shall be one year after the decision will have been entered upon the records of the Board and communicated to the claimant.

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