Section 9 of RRA

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57

RAILROAD RETIREMENT ACT OF 1974

Sec. 10

commenced shall be one year after the decision will have been entered upon the records of the Board and communicated to the
claimant.
ø45 U.S.C. 231g¿
RETURNS OF COMPENSATION

SEC. 9. 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.
ø45 U.S.C. 231h¿
ERRONEOUS PAYMENTS

SEC. 10. (a) 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 Act, 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 Act, or the Railroad Unemployment Insurance Act 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 Act, 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 7(b)(2) of this Act 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.
(b) 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 excees 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 actuOctober 19, 2018

VerDate Nov 24 2008

11:40 Oct 19, 2018

As Amended Through P.L. 110-458, Enacted December 23, 2008

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