45 U.S.C. § 231i — Erroneous payments

Page 82 TITLE 45—RAILROADS § 231i § 231i. Erroneous payments (a) Recovery If the Board finds that at any time more than the correct amount of annuities or other bene- fits has been paid to any individual under this subchapter, or payment has been made to an in- dividual not entitled thereto, recovery by ad- justment in subsequent payments to which such individual, or any other individual on the basis of the same compensation, wages, or self-em- ployment income, is entitled under this sub- chapter, or the Railroad Unemployment Insur- ance Act [45 U.S.C. 351 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 compensa- tion, 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 sec- tion 231f(b)(2) of this title the amount of annuity payments made to such individual which are er- roneous because of such individual’s entitlement to monthly insurance benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.]. (b) Adjustments Adjustments under this section may be made either by deductions from subsequent payments or, with respect to payments which are to be made during a lifetime or lifetimes, by sub- tracting the total amount of annuities or other benefits paid in excess of the proper amount from the actuarial value, as determined by the Board, of such payments to be made during a lifetime or lifetimes and recertifying such pay- ments on the basis of the reduced actuarial value. In the latter case, recovery shall be deemed to have been completed upon such recer- tification. (c) Decision not to recover There shall be no recovery in any case in which more than the correct amount of annu- ities or other benefits has been paid under this subchapter to an individual or payment has been made to an individual not entitled thereto who, in the judgment of the Board, is without fault when, in the judgment of the Board, recovery would be contrary to the purpose of this sub- chapter or the Railroad Unemployment Insur- ance Act [45 U.S.C. 351 et seq.] or would be against equity or good conscience. (d) Liability of officers No certifying or disbursing officer shall be held liable for any amount certified or paid by him in good faith to any person where the recov- ery of such amount is waived under subsection (c) of this section or has been begun but cannot be completed under subsection (a) of this sec- tion. (Aug. 29, 1935, ch. 812, § 10, as restated June 24, 1937, ch. 382, pt. I, 50 Stat. 307, as restated Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1344; amended Pub. L. 97–35, title XI, § 1123, Aug. 13, 1981, 95 Stat. 638.) Editorial Notes REFERENCES IN TEXT The Railroad Unemployment Insurance Act, referred to in subsecs. (a) and (c), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§ 351 et seq.) of this title. For complete classification of this Act to the Code, see section 367 of this title and Tables. The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the So- cial Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. AMENDMENTS 1981—Subsec. (a). Pub. L. 97–35 inserted provisions au- thorizing Board to recover from any payment which would be made to an individual by Board under section 231f(b)(2) of this title 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Jan. 1, 1975, see section 1129 of Pub. L. 97–35, set out as a note under sec- tion 231 of this title. § 231j. Waiver of annuities Any person awarded an annuity under this subchapter may decline to accept all or any part of such annuity by a waiver signed and filed with the Board. Such a waiver may be revoked in writing at any time, but no payment of the annuity waived shall be made covering the pe- riod during which such waiver was in effect. Such a waiver will have no effect on entitlement to, or the amount of, any other annuity or ben- efit. (Aug. 29, 1935, ch. 812, § 11, as restated June 24, 1937, ch. 382, pt. I, 50 Stat. 307, as restated Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1344.) § 231k. Incompetence (a) Every individual receiving or claiming ben- efits, or to whom any right or privilege is ex- tended, under this subchapter or any other Act of Congress now or hereafter administered, in whole or in part, by the Board shall be conclu- sively presumed to have been competent until the date on which the Board receives written no- tice, 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 ap- pointed: Provided, however, That, regardless of the legal competency or incompetency of an in- dividual entitled to a benefit administered by the Board, the Board may, if it finds the interest of such individual to be served thereby, recog- nize actions by, and conduct transactions with, and make payments to, such individual, or rec- ognize actions by, and conduct transactions with, and make payments to, a relative or some