
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC231i]

 
                           TITLE 45--RAILROADS
 
               CHAPTER 9--RETIREMENT OF RAILROAD EMPLOYEES
 
             SUBCHAPTER IV--RAILROAD RETIREMENT ACT OF 1974
 
Sec. 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 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 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 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 subtracting 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 payments on the 
basis of the reduced actuarial value. In the latter case, recovery shall 
be deemed to have been completed upon such recertification.

(c) Decision not to recover

    There shall be no recovery in any case in which more than the 
correct amount of annuities 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 subchapter or the Railroad Unemployment Insurance 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 
recovery of such amount is waived under subsection (c) of this section 
or has been begun but cannot be completed under subsection (a) of this 
section.

(Aug. 29, 1935, ch. 812, Sec. 10, as restated June 24, 1937, ch. 382, 
pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec. 101, Oct. 
16, 1974, 88 Stat. 1344; amended Pub. L. 97-35, title XI, Sec. 1123, 
Aug. 13, 1981, 95 Stat. 638.)

                       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, as amended, which 
is classified principally to chapter 11 (Sec. 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, as amended. Title II of the Social Security 
Act is classified generally to subchapter II (Sec. 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 authorizing 
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.


                    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 section 231 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 231f of this title.
