is entitled to an annuity under an election made pursuant to the provisions of section 5 of the 1935 Act (49 Stat. 970; 45 U.S.C., Sup. II, 219); otherwise they shall be paid to such person or persons as the deceased may have designated by a writing filed with the Board prior to his death, or if there be no designation, to the legal representative of the deceased. (Secs. 10, 202, 203, 50 Stat. 314, 318; 45 U.S.C., Sup., 2283, 215)

265.4 Adjudication under the 1935 Act. The following regulations, to the extent that they are not in conflict with other sections of this part, shall apply to the adjudication of annuities under the 1935 Act, and to the rights which an individual may have accrued under that Act:

(a) Definition of Employee under the 1935 Act. The term "employee” means any individual (1) who was on August 29, 1935 or shall have been at any time after August 29, 1935 in the service of a carrier, or (2) who was on August 29, 1935 or shall have been at any time after August 29, 1935 in the employment relation to a carrier, and (3) each officer or other official representative of an "employee organization,” who before or after August 29, 1935 performed service for a carrier, and who on August 29, 1935 or at any time after August 29, 1935 is or shall be duly designated and authorized to repl'esent employees in accordance with the Railway Labor Act, and who, during, or immediately following employment by a carrier, is, shall be, or shall have been engaged in such representative service in behalf of such employees. (Sec. 1, 49 Stat. 967; 45 U.S.C., Sup. II, 215)

(b) Definition of annuity under 1935 Act. The term "annuity" means a fixed sum payable at the beginning of each month during retirement, ceasing at death except as otherwise provided in paragraph (i) or at resumption of service for which an employee receives compensation. (Sec. 1, 49 Stat. 967; 45 U.S.C., Sup. II, 215)

(C) Definition of compensation under 1935 Act. The term "compensation” means any form of money remuneration for service, received by an employee from a carrier, including salaries and commissions, but shall not include free transportation nor any payment received on account of sickness, disability, pensions, or other form of relief. (Sec. 1, 49 Stat. 967; 45 U.S.C., Sup. II, 215)

;, (d) Definition of age under the 1935 Act. The term “age” means age at the latest attained birthday. (Sec. 1, 49 Stat. 967; 45 U.S.C., Sup. II, 215)

(e) Eligibility for annuities under the 1935 Act. The followingdescribed employees, after retirement whether or not then in the service of a carrier, shall be paid annuities:

(1) An individual (without regard to the period of service and whether rendered before or after August 29, 1935), who either on August 29, 1935, or thereafter shall be 65 years of age or over.

(2) An individual who either on August 29, 1935, or who thereafter shall be 50 years of age or over and who shall have completed a service period of 30 years. An annuity paid under this subdivision shall be reduced by one one-hundred-and-eightieth of

† For source citation, see note to § 265.1.

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such annuity for each month during all of which such employee may be less than 65 years of age at the time of the first annuity payment.

(3) An individual who either before or after August 29, 1935, shall have completed a service period of 30 years and who shall be after August 29, 1935, retired by the carrier on account of mental or physical disability. An annuity paid under this subdivision shall not be subject to the deduction specified in subdivision (2) of this paragraph. Applicants claiming full annuities by reason of disability but who were retired because the carrier ceased operations do not fall within the purview of this subparagraph. Any annuity granted such an applicant under subparagraph (2) will be reduced by the appropriate amounts indicated therein.

(f) Factual retirement under the 1935 Act. If an employee ceases to engage in compensated carrier service by reason of a permanent disability, or if, while on leave of absence or furlough, he is prevented from returning to such service by reason of such a disability, and if he subsequently dies and such death occurred prior to June 24, 1937, he may be regarded as having been retired within the meaning of the 1935 Act, if at the time his disability became permanent, he was not faced with impending death, or if faced therewith, his impending death was not apparent. In all such cases the fact of disability, the fact that it was permanent, and the fact that, at the time the disability became permanent, the employee was not faced with impending death, or, if faced therewith, that his impending death was not apparent, must be affirmed by the medical Officer of the carrier, or, if the carrier does not have a medical officer, or if his affirmation cannot be secured, by the employee's private physician; and must, in all cases, be confirmed by the Board. (Sec. 3, 49 Stat. 969; 45 U.S.C., Sup. II, 217)

(g) Application, beginning date and computation. An annuity shall begin as of a date to be specified in a written application to be signed by the employee entitled thereto, and approved by the Board, which date shall not be more than 60 days before the date on which the first annuity shall have become due and payable. No annuity shall be due and payable until June 1, 1936. The annuity shall be payable on the 1st day of the month during the lifetime of the annuitant. Such annuity shall be based upon the service period of the employee and shall be the sum of the amounts determined by multiplying the total number of years of service not exceeding 30 years by the following percentages of the monthly compensation : 2 per centum of the first $50; 142 per centum of the next $100; and i per centum of the compensation in excess of $150. The "monthly compensation” shall be the average of the monthly compensation paid to the employee by the carrier, except that where applicable for service before March 1, 1936, the monthly compensation shall be the average of the monthly compensation for all payroll periods for which the employee shall have received compensation from any carrier out of eight consecutive calendar years of such services ended December 31, 1931. No part of any monthly compensation in excess of $300 shall be recognized in determining any annuity. Any employee who shall be entitled to an annuity with a commuted value

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determined by the Board of less than $300 shall be paid such value in a lump sum. (Sec. 3, 49 Stat. 969; 45 U.S.C., Sup. II, 217)

(h) Annuities to employee representatives under the 1935 Act. The annuity of an employee representative shall be, as near as may be, the same annuity as if he were still in the employ of his last former carrier. (Sec. 4, 49 Stat. 969; 45 U.S.C., Sup. II, 218)

(i) Payments at death under the 1935 Act. If an individual receiving or entitled to receive an annuity shall die, the Board, for one year after the first day of the month in which the death occurred, shall pay an annuity equal to one-half of the annuity which such individual may have received or may have been entitled to receive, to the widow or widower of the deceased, or if there be no widow or widower, to the dependent next of kin of the deceased. (Sec. 5, 49 Stat. 970; 45 U.S.C., Sup. II, 219)

() Joint and survivor annuity under the 1935 Act. (1) Any employee may elect, at any time prior to the certification of his annuity, to have the present value of the annuity apply to the payment of a reduced annuity to the employee during life and an annuity during the life of a surviving spouse. The present values and amounts of the annuity payments shall be determined on the basis of the combined annuity tables with interest at 3 per centum per

(2) An election, a modification, or cancelation of a joint and survivor annuity election may be made by the applicant at any time prior to the date that the claim is certified. Sec. 5, 49 Stat. 970; 45 U.S.C., Sup. II, 219)* (Sec. 10, 50 Stat. 314; 45 U.S.C., Sup., 228j)

annum.

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CHAPTER III-SOCIAL SECURITY BOARD

Part

Part 401 Disclosure of official records

402 Federal old-age benefits and information

CROSS REFERENCES

Employees' tax and the employers' tax under Title VIII of the Social Security

Act: See Internal Revenue, 26 CFR Part 401. Excise tax on employers under Title IX of the Social Security Act: See Internal

Revenue, 26 CFR Part 400.

PART 401-DISCLOSURE OF OFFICIAL RECORDS AND

INFORMATION

Sec.
401.1 Prohibitions against disclosure.
401.2 Authority for refusal to disclose.
401.3 Records which may be disclosed

and to whom.

Sec.
401.4 Disclosures in proceedings under

Act; statistical data ; personnel

information. 401.5 Definitions.

Section 401.1 Prohibitions against disclosure. No member, officer, or employee of the Board, except as authorized by this part or otherwise expressly authorized by the Board, shall produce or disclose to any person or before any tribunal, directly or indirectly, whether in response to a subpena or otherwise, any record (including any file, letter, application, claim, return, report, or other paper or document) or any information acquired therefrom or otherwise officially acquired, pertaining to any person.**

*88401.1 to 401.5, inclusive, issued under the authority contained in sec. 1102, 49 Stat. 647; 42 U.S.C., Sup., 1302.

†In 88 401.1 to 401.5, inclusive, the numbers to the right of the decimal point correspond with the respective section numbers in Regulation 1, Social Security Board, June 15, 1937, 2 F.R. 1053.

401.2 Authority for refusal to disclose. Any request or demand for any such record or information, disclosure of which is forbidden by this part, shall be declined upon the authority of this part. If any member, officer, or employee of the Board is sought to be required, by subpena or other compulsory process, to produce such record or give such information, he shall respectfully decline to present such record or divulge such information, basing his refusal upon this

part.**

cases:

401.3 Records which may be disclosed and to whom. Disclosure of such records or information is hereby authorized, in such manner as the Board may by instructions prescribe, in the following

(a) To any claimant or prospective claimant for benefits under title II of the Social Security Act (49 Stat. 622ff.; 42 U.S.C., Sup., 401-410), or his duly authorized representative, as to matters directly concerning such claimant or prospective claimant;