B-211813, JUL 28, 1983, OFFICE OF GENERAL COUNSEL

B-211813: Jul 28, 1983

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FRAZIER: THIS IS IN RESPONSE TO YOUR LETTER OF APRIL 29.

B-211813, JUL 28, 1983, OFFICE OF GENERAL COUNSEL

PRECIS-UNAVAILABLE

MS. ZELMA M. FRAZIER:

THIS IS IN RESPONSE TO YOUR LETTER OF APRIL 29, 1983, WITH ENCLOSURES, REGARDING YOUR CONCERN WITH THE MANNER IN WHICH THE RAILROAD RETIREMENT BOARD HAS BEEN COMPUTING YOUR RAILROAD RETIREMENT ANNUITY UNDER THE RAILROAD RETIREMENT ACT OF 1974, 45 U.S.C. 231-231U.

THE RAILROAD RETIREMENT BOARD HAS ALL THE DUTIES AND POWERS NECESSARY TO ADMINISTER ANNUITY PAYMENTS UNDER THAT ACT. MOREOVER, "DECISION BY THE BOARD UPON ISSUES OF LAW AND FACT RELATING TO ANNUITIES OR DEATH BENEFITS SHALL NOT BE SUBJECT TO REVIEW BY ANY OTHER ADMINISTRATIVE OR ACCOUNTING OFFICER, AGENT, OR EMPLOYEE OF THE UNITED STATES." 45 U.S.C. 231FB)(1) (1976). IN VIEW OF THIS EXPRESS STATUTORY PROVISION THE GENERAL ACCOUNTING OFFICE HAS NO AUTHORITY TO REVIEW THE METHOD USED IN COMPUTING YOUR RAILROAD RETIREMENT ANNUITY.

AS THE RAILROAD RETIREMENT BOARD ADVISED YOU IN THEIR LETTER OF MARCH 29, 1978, JUDICIAL REVIEW OF YOUR CASE MAY BE AVAILABLE. SEE 45 U.S.C. 231G AND 355 AS WELL AS THE REGULATIONS OF THE BOARD WHICH THE BOARD INDICATES THEY SENT YOU.