B-149181, JUL. 5, 1962

B-149181, JUL. 5, 1962

TO MRS. VERNA M. MORLEY:

YOUR LETTER OF MAY 25, 1962, REQUESTS REVIEW OF THE GOVERNMENT'S CLAIM FOR $667.67 AGAINST YOU RESULTING FROM OVERPAYMENT TO YOU OF RAILROAD RETIREMENT ANNUITY.

THE INDEBTEDNESS WAS CERTIFIED TO OUR OFFICE BY LETTER OF DECEMBER 13, 1961, FROM THE RAILROAD RETIREMENT BOARD UPON ITS DETERMINATION THAT YOU WERE INDEBTED TO THE UNITED STATES IN THE AMOUNT STATES; THAT DEMAND FOR PAYMENT HAD BEEN MADE; AND THAT PAYMENT HAD NOT BEEN RECEIVED.

THE RECORD SHOWS THAT ON AUGUST 2, 1960, YOU FILED AN APPLICATION FOR A WIFE'S ANNUITY TO BEGIN ON THE EARLIEST DATE PERMITTED BY LAW. NOVEMBER 23, 1960, PAYMENT WAS CERTIFIED TO YOU IN THE AMOUNT OF $65.60 PER MONTH FOR THE PERIOD AUGUST 2, 1959, THROUGH SEPTEMBER 30, 1960, AND IN THE AMOUNT OF $13.60 PER MONTH FOR THE PERIOD OCTOBER 1, 1960, THROUGH NOVEMBER 30, 1960. CHECKS FOR THE MONTHS OF DECEMBER 1960 AND JANUARY 1961 EACH IN THE AMOUNT OF $13.60 WERE FORWARDED IN DUE COURSE. THE NORMAL AMOUNT OF YOUR ANNUITY WOULD HAVE BEEN $69.85, BUT SINCE YOU DESIRED THE ANNUITY TO BEGIN ON THE EARLIEST PERMISSIBLE DATE IT WAS REDUCED TO $65.60. SINCE YOU WERE ENTITLED TO A PAYMENT OF $62 MONTHLY FROM THE SOCIAL SECURITY ADMINISTRATION PRIOR TO AUGUST 2, 1959, HAD YOU FILED A TIMELY APPLICATION, THIS AMOUNT WAS REQUIRED TO BE OFFSET AGAINST THE PAYMENT OF $65.60 LEAVING A PAYMENT OF $360 PER MONTH DUE FROM THE RAILROAD RETIREMENT BOARD.

YOU SAY THAT YOU WERE MISLED BY A FIELD REPRESENTATIVE OF THE RAILROAD RETIREMENT BOARD AS TO THE EFFECT YOUR ELIGIBILITY FOR SOCIAL SECURITY WOULD HAVE ON THE AMOUNT OF YOUR ANNUITY FROM THE RAILROAD RETIRMENT BOARD; THAT HE PERSONALLY COMPLETED YOUR APPLICATION; AND THE ONLY TIME YOU HAD AN OPPORTUNITY TO SEE THE APPLICATION WAS WHEN YOU SIGNED IT. IN OUR OFFICE SETTLEMENT OF MAY 25, 1962, TO YOU, WE STATED THAT WE HAVE NO FIRST HAND KNOWLEDGE OF WHAT TRANSPIRED BUT THAT THE RAILROAD RETIREMENT BOARD HAS REPORTED THAT THE FACTS DO NOT SUBSTANTIATE THE ALLEGATIONS MADE BY YOU. YOU ALSO REQUEST INFORMATION WHETHER YOU MAY HAVE YOUR APPLICATION RECONSIDERED AND YOUR ANNUITY COMPUTED AS OF YOUR SIXTY-FIFTH BIRTHDAY, AND WHETHER THE FACT THAT YOU WERE AWARDED $3.60 ANNUITY PER MONTH FOR A PERIOD OF SEVEN YEARS PRECLUDE YOU FROM REOPENING YOUR CASE IN THE EVENT YOU SHOULD BE WIDOWED.

SECTION 10 (B) 1 OF THE RAILROAD RETIREMENT ACT OF 1935, 49 STAT. 973, AS AMENDED, 45 U.S.C. 228J, PROVIDES:

"* * * DECISIONS BY THE BOARD UPON ISSUES OF LAW AND FACT RELATING TO PENSIONS, ANNUITIES, OR DEATH BENEFITS SHALL NOT BE SUBJECT TO REVIEW BY ANY OTHER ADMINISTRATIVE OR ACCOUNTING OFFICER, AGENT, OR EMPLOYEE OF THE UNITED STATES.'

REVIEW OF A DECISION OF THE BOARD IS PROVIDED FOR BY SECTION 11 OF THE RAILROAD RETIREMENT ACT OF 1935, 49 STAT. 973, 45 U.S.C. 228K, AS FOLLOWS:

"DECISIONS OF THE BOARD DETERMINING THE RIGHTS OR LIABILITIES OF ANY PERSON * * * SHALL BE SUBJECT TO JUDICIAL REVIEW IN THE SAME MANNER, SUBJECT TO THE SAME LIMITATIONS, AND ALL PROVISIONS OF LAW SHALL APPLY IN THE SAME MANNER AS THOUGH THE DECISION WERE A DETERMINATION OF CORRESPONDING RIGHTS OR LIABILITIES UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT EXCEPT THAT THE TIME WITHIN PROCEEDINGS FOR THE REVIEW OF A DECISION WITH RESPECT TO AN ANNUITY, PENSION, OR LUMP SUM BENEFIT MAY BE COMMENCED SHALL BE ONE YEAR AFTER THE DECISION WILL HAVE BEEN ENTERED UPON THE RECORDS OF THE BOARD AND COMMUNICATED TO THE CLAIMANT.'

UNDER THE TWO PROVISIONS OF LAW JUST QUOTED OUR OFFICE IS WITHOUT AUTHORITY TO REVIEW ANY DECISION MADE BY THE RAILROAD RETIREMENT BOARD REGARDING THE RIGHTS AND LIABILITIES OF PERSONS UNDER THE RAILROAD RETIREMENT ACT OF 1935, AS AMENDED. ANY QUESTIONS YOU MAY HAVE PERTAINING TO YOUR RIGHTS OR LIABILITIES UNDER THE RAILROAD RETIREMENT ACT OF 1935, AS AMENDED, SHOULD BE ADDRESSED TO THE RAILROAD RETIREMENT BOARD, 844 RUSH STREET, CHICAGO 11, ILLINOIS.

THEREFORE, THE AMOUNT OF THE OVERPAYMENT SHOULD BE REMITTED BY CHECK OR MONEY ORDER MADE PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" AND ADDRESSED TO THAT OFFICE AT P.O. BOX 2610, WASHINGTON 13, D.C. IF YOU ARE UNABLE TO REPAY THE ENTIRE AMOUNT OF INDEBTEDNESS AT ONE TIME OUR OFFICE WILL ACCEPT ANY REASONABLE PLAN OF PAYMENT WHICH YOU MAY WISH TO SUBMIT.