45 U.S.C. § 231h

Returns of compensation; conclusiveness

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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.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1984–2023 · leading case: Gatewood v. R.R. Ret. Bd., 88 F.3d 886 (10th Cir. 1996).

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Gatewood v. R.R. Ret. Bd., 88 F.3d 886 (10th Cir. 1996). · cites it 7× “Gate-wood’s claim for credit for the months of January 1980 through December 1987 on the ground that it was barred by the four-year statute of limitations in Section 9 of the Railroad Retirement Act, 45 U.S.C. § 231h. The Board denied Mr. Gatewood’s claim for the months of…”

Nat'l Ass'n of Mfrs. v. Nat'l Labor Relations Bd., 717 F.3d 947 (D.C. Cir. 2013). · cites it 2× “27 As the Tenth Circuit stated in a case dealing with the limitations period in the Railroad Retirement Act, 45 U.S.C. § 231h, “we are aware of no authority .”

Alfred L. Jacques v. United States R.R. Ret. Bd., & the United States Gov't, 736 F.2d 34 (2d Cir. 1984). · cites it 3× “’ ” The Board also concluded that, in any event, 45 U.S.C. § 231h precluded the crediting of additional time because Jacques had not brought this matter to the Board’s attention within the period required by the statute.”

Weyerhaeuser Co. v. United States R.R. Ret. Bd., 503 F.3d 596 (7th Cir. 2007). · cites it 2× “16 and its statutory counterpart, 45 U.S.C. § 231h, both provide for time limits for correcting records of compensation.”

Livingston Rebuild Ctr., Inc. v. R.R. Ret. Bd., 970 F.2d 295 (7th Cir. 1992). “45 U.S.C. §§ 231h, 356. The Board uses these to determine the employees’ entitlements.”

John A. Pawelczak v. United States of Am. & R.R. Ret. Bd., 931 F.2d 108 (D.C. Cir. 1991). · cites it 3× “We find, however, that the decedent’s failure to contest the accuracy of these figures within four years of his original annuity determination, as required under 45 U.S.C. § 231h, bars petitioner’s present claim.”

Burlington N. R.R. v. Off. of Inspector Gen., R.R. Ret. Bd., 983 F.2d 631 (5th Cir. 1993). “See 45 U.S.C. § 231h. With respect to the unemployment-sickness benefit program, the RRB is more directly responsible for enforcing railroad employer tax contributions.”

Lisa Williams v. RRRB (7th Cir. 2020). · cites it 2× “And the Board determined any dispute over the accuracy of her mother’s compensation and service records—or any request to amend those records based on wrongful termination or discrimination—was untimely because requests to correct compensation records must be made within four…”

Laura Anos v. RRRB (D.C. Cir. 2023). “See 45 U.S.C. § 231h; 20 C.F.R. § 211.16 (a), (b)(1), (2)(iv).”

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