45 U.S.C. § 231i

Erroneous payments

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(a) Recovery

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 subchapter, 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 subchapter, or the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.] 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 subchapter, 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 231f(b)(2) of this title 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 [42 U.S.C. 401 et seq.].

(b) Adjustments

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 excess 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 actuarial value. In the latter case, recovery shall be deemed to have been completed upon such recertification.

There shall be no recovery in any case in which more than the correct amount of annuities or other benefits has been paid under this subchapter to an individual or payment has been made to an individual not entitled thereto who, in the judgment of the Board, is without fault when, in the judgment of the Board, recovery would be contrary to the purpose of this subchapter or the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.] or would be against equity or good conscience.

(d) Liability of officers

No certifying or disbursing officer shall be held liable for any amount certified or paid by him in good faith to any person where the recovery of such amount is waived under subsection (c) of this section or has been begun but cannot be completed under subsection (a) of this section.

(Aug. 29, 1935, ch. 812, § 10, as restated June 24, 1937, ch. 382, pt. I, 50 Stat. 307, as restated Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1344; amended Pub. L. 97–35, title XI, § 1123, Aug. 13, 1981, 95 Stat. 638.)Editorial NotesReferences in Text

The Railroad Unemployment Insurance Act, referred to in subsecs. (a) and (c), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§ 351 et seq.) of this title. For complete classification of this Act to the Code, see section 367 of this title and Tables.

The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

1981—Subsec. (a). Pub. L. 97–35 inserted provisions authorizing Board to recover from any payment which would be made to an individual by Board under section 231f(b)(2) of this title 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.

Statutory Notes and Related SubsidiariesEffective Date of 1981 Amendment

Amendment by Pub. L. 97–35 effective Jan. 1, 1975, see section 1129 of Pub. L. 97–35, set out as a note under section 231 of this title.

Notes of Decisions

Cited in 23 cases (2 in the last 5 years), 1979–2024 · leading case: Califano v. Yamasaki, 442 U.S. 682 (1979).

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Califano v. Yamasaki, 442 U.S. 682 (1979). “§ 1395gg (c) (Medicare) ; 45 U. S. C. § 231i (c) (Railroad Retirement Act of 1974); 45 U.”

Curtis R. Peterson v. United States R.R. Ret. Bd., 780 F.2d 1361 (8th Cir. 1985). · cites it 4× “45 U.S.C. § 231i(a). However, the Act further provides that “[tjhere shall be no recovery” of overpayments made “to an individual .”

Lucynda S. Worms v. R.R. Ret. Bd., 255 F.3d 502 (8th Cir. 2001). · cites it 4× “45 U.S.C. § 231i(a). However, the Board may waive such recovery when certain requirements are met.”

Alberta E. Burns, on Behalf of Herself & All Others Similarly Situated v. United States R.R. Ret. Bd., 701 F.2d 193 (D.C. Cir. 1983). · cites it 3× “See 45 U.S.C. § 231i(c) (Board shall not recover overpayment to individual who is “without fault” if recovery “would be contrary to the purpose of [the Act] .”

Denver S. Cooper v. United States R.R. Ret. Bd., 24 F.3d 1414 (D.C. Cir. 1994). “” 45 U.S.C. § 231i(e) (1988). In Cooper v. Railroad Retirement Bd.”

Denver S. Cooper v. United States R.R. Ret. Bd., 977 F.2d 647 (D.C. Cir. 1992). · cites it 3× “45 U.S.C. § 231i(a); 20 C.F.R. § 255.8 . Cooper contended that under insurance actuarial tables his life expectancy was an additional 12 years and so the Board should withhold $282.”

John C. King v. R.R. Ret. Bd., 981 F.2d 365 (8th Cir. 1992). · cites it 2× “45 U.S.C. § 231i(a). The Board may waive recovery if (1) the beneficiary is without fault, and *367 (2) the recovery is either against the purpose of the Act or against equity or good conscience.”

Bhd. of R.R. Signalmen v. Louisville & Nashville R.R. Co., a Corp., 688 F.2d 535 (7th Cir. 1982). “” Finally, as the Brotherhood conceded and the district court recognized, “Choate may ultimately be responsible for reimbursement to the Railroad Retirement Board at some point in the future.”

Wilhelmina Pope v. R.R. Ret. Bd. Edwin Thrash v. R.R. Ret. Bd., 672 F.2d 972 (D.C. Cir. 1982). “Section 231i also provides that recovery of an overpayment may be waived if the payment of excess monies was not due to any fault of the individual and, in the judgment of the board, “recovery would be contrary to the purpose of [the Act] or would be against equity or good…”

Earl v. Reese v. R.R. Ret. Bd., 906 F.2d 355 (8th Cir. 1990). · cites it 2× “The Board affirmed and adopted an appeal referee’s decision, which denied the waiver of recovery of the overpayment under section 10(c) of the Railroad Retirement Act, 45 U.S.C. § 231i(c) (1982), and which assessed a penalty of $9,633.”

Wilhelmina Pope v. The R.R. Ret. Bd. Edwin Thrash v. The R.R. Ret. Bd., 744 F.2d 868 (D.C. Cir. 1984). “The Act, 45 U.S.C. § 231i, authorizes the Board to recover the amounts of erroneous payments made under the Act in cases where an annuitant has received more than the correct amount of benefits or where an annuitant who is not entitled to benefits receives payments.”

Harold E. Phillips v. R.R. Ret. Bd., 833 F.2d 84 (6th Cir. 1987). “45 U.S.C. § 231i(c) provides as follows: There shall be no recovery in any case in which more than the correct amount of annuities or other benefits has been paid under this subchapter to an individual or payment has been made to an individual not entitled thereto who, in the…”

Show all 23 citing cases →

— 45 U.S.C. § 231i(C) — 1 case

Kenneth Sass v. RRRB (7th Cir. 2008).

— 45 U.S.C. § 231i(a) — 8 cases

John C. King v. R.R. Ret. Bd., 981 F.2d 365 (8th Cir. 1992). “45 U.S.C. § 231i(a). The Board may waive recovery if (1) the beneficiary is without fault, and *367 (2) the recovery is either against the purpose of the Act or against equity or good conscience.”

Curtis R. Peterson v. United States R.R. Ret. Bd., 780 F.2d 1361 (8th Cir. 1985). “45 U.S.C. § 231i(a). However, the Act further provides that “[tjhere shall be no recovery” of overpayments made “to an individual .”

Lucynda S. Worms v. R.R. Ret. Bd., 255 F.3d 502 (8th Cir. 2001). “45 U.S.C. § 231i(a). However, the Board may waive such recovery when certain requirements are met.”

Denver S. Cooper v. United States R.R. Ret. Bd., 977 F.2d 647 (D.C. Cir. 1992). “45 U.S.C. § 231i(a); 20 C.F.R. § 255.8 . Cooper contended that under insurance actuarial tables his life expectancy was an additional 12 years and so the Board should withhold $282.”

— 45 U.S.C. § 231i(c) — 15 cases

Alberta E. Burns, on Behalf of Herself & All Others Similarly Situated v. United States R.R. Ret. Bd., 701 F.2d 193 (D.C. Cir. 1983). “See 45 U.S.C. § 231i(c) (Board shall not recover overpayment to individual who is “without fault” if recovery “would be contrary to the purpose of [the Act] .”

Lucynda S. Worms v. R.R. Ret. Bd., 255 F.3d 502 (8th Cir. 2001). “45 U.S.C. § 231i(a). However, the Board may waive such recovery when certain requirements are met.”

Earl v. Reese v. R.R. Ret. Bd., 906 F.2d 355 (8th Cir. 1990). “The Board affirmed and adopted an appeal referee’s decision, which denied the waiver of recovery of the overpayment under section 10(c) of the Railroad Retirement Act, 45 U.S.C. § 231i(c) (1982), and which assessed a penalty of $9,633.”

— 45 U.S.C. § 231i(e) — 1 case

Denver S. Cooper v. United States R.R. Ret. Bd., 24 F.3d 1414 (D.C. Cir. 1994). “” 45 U.S.C. § 231i(e) (1988). In Cooper v. Railroad Retirement Bd.”

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