20 C.F.R. § 211.3

Compensation paid for time lost

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(a) A payment made to an employee for a period during which the employee was absent from the active service of the employer is considered to be pay for time lost and is, therefore, creditable compensation. Pay for time lost as an employee includes:

(1) Pay received for a certain period of time due to personal injury, or

(2) Pay received for loss of earnings for a certain period of time, resulting from the employee being placed in a position or occupation paying less money. In reporting compensation which represents pay for time lost, employers shall allocate the amount paid to the employee to the month(s) in which the time was actually lost. The entire amount of any payment made to an employee for personal injury is considered pay for time lost unless, at the time of payment, the employer states that a particular amount of the payment was for reasons other than pay for time lost.

(b) Where pay for time lost is allocated to the month(s) in which the time was actually lost, the Board will accept the allocation made by the parties involved if it relates to the employee's normal monthly pay. A reasonable relationship to an employee's normal monthly pay is ordinarily no less than ten times the employee's daily pay rate.

Notes of Decisions

Cited in 5 cases, 1991–2014 · leading case: Volkman v. United Transp. Union, 770 F. Supp. 1455 (D. Kan. 1991).

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Volkman v. United Transp. Union, 770 F. Supp. 1455 (D. Kan. 1991). · cites it 3× “§ 231 (h)(2) and 20 C.F.R. § 211.3 , backpay awards are subject to deductions for retirement contributions when they are paid for an identifiable period of absence due to personal injury or when they are paid for a certain period of time resulting from the employee’s…”

Russell Phillips v. Chicago Cent. & Pac. R.R. Co., a Delaware Corp., 853 N.W.2d 636 (Iowa 2014). “2 (b)(2); 20 C.F.R. § 211.3 (a) (“A payment made to an employee for a period during which the employee was absent from the active service of the employer is considered to be pay for time lost and is, therefore, creditable compensation.”

Rick L. Norton v. R.R. Ret. Bd., 69 F.3d 282 (8th Cir. 1995). · cites it 2× “§ 231 (f)(1) (1988); 20 C.F.R. § 211.3 (a) (1995). A payment is considered compensation for time lost if the payment is for “an identifiable period of absence from the active service of the employer, including absence [due to] personal injury.”

Keith G. Miernicki v. R.R. Ret. Bd., & Duluth Missabe & Iron Range Ry. Co., Inc, 20 F.3d 354 (8th Cir. 1994). “” See 20 C.F.R. § 211.3 (b). The Railroad Retirement *357 Board followed that regulation, and therefore we hold that the record contains substantial evidence to support the Railroad Retirement Board’s conclusion that the $2,500 was in exchange only for an agreement by the…”

Amended November 13, 2014 Russell Phillips v. Chicago Cent. & Pac. R.R. Co., a Delaware Corp. (Iowa 2014). “2 (b)(2); 20 C.F.R. § 211.3 (a) (“A payment made to an employee for a period during which the employee was absent from the active service of the employer is considered to be pay for time lost and is, therefore, creditable compensation.”

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