C.F.R. » Title 20 » CHAPTER II—RAILROAD RETIREMENT BOARD › SUBCHAPTER B—REGULATIONS UNDER THE RAILROAD RETIREMENT ACT › PART 255—RECOVERY OF OVERPAYMENTS

20 C.F.R. § 255.10

Waiver of recovery

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There shall be no recovery from any person in any case where more than the correct amount of annuities or other benefits has been paid to an individual or where payment has been made to an individual not entitled thereto if in the judgment of the Board:

(a) The overpaid individual is without fault, and

(b) Recovery would be contrary to the purpose of the Railroad Retirement Act or would be against equity or good conscience.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1988–2024 · leading case: Martin v. Bowen, 694 F. Supp. 718 (N.D. Cal. 1988).
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Martin v. Bowen, 694 F. Supp. 718 (N.D. Cal. 1988). “20 C.F.R. § 255.10 . The Bureau of Retirement Claims noted her financial hardship, but denied the waiver request because they found that she was at fault for the overpayment.”
Musquiz v. United States R.R. Ret. Bd., 106 F.4th 881 (9th Cir. 2024). · cites it 2× “20 C.F.R. § 255.10 . The panel agreed with the RRB that Musquiz was not without fault for the overpayment that occurred starting in August 2012 and up until June 2, 2013.”
Kenneth Sass v. RRRB (7th Cir. 2008). “§ 231i(C); see 20 C.F.R. § 255.10 . An annuitant can be found at fault through either action or inaction, including failure to report information that the annuitant should have known was material.”
Sass v. United States R.R. Ret. Bd., 305 F. App'x 288 (7th Cir. 2008). “§ 231i(c); see 20 C.F.R. § 255.10 . An annuitant can be found at fault through either action or inaction, including failure to report information that the annuitant should have known was material.”
Sass v. United States R.R. Ret. Bd., 305 F. App'x 288 (7th Cir. 2008). “§ 231i(c); see 20 C.F.R. § 255.10 . An annuitant can be found at fault through either action or inaction, including failure to report information that the annuitant should have known was material.”
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