B-143812, SEP. 1, 1960
Highlights
IT SEEMS THAT THE BOARD DISALLOWED YOUR CLAIM FOR ANNUITY BECAUSE THEIR RECORDS SHOW THAT YOU WERE NOT EMPLOYED IN A POSITION SUBJECT TO THE ACT AFTER 1932 WHEREAS UNDER THAT ACT AN INDIVIDUAL MUST HAVE BEEN EMPLOYED IN SUCH A POSITION ON OR AFTER AUGUST 29. OUR OFFICE IS WITHOUT AUTHORITY TO REVIEW THE DECISION OF THE BOARD IN YOUR CASE. 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 WHICH PROCEEDINGS FOR THE REVIEW OF A DECISION WITH RESPECT TO AN ANNUITY. 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.'.
B-143812, SEP. 1, 1960
TO MR. T. H. HINE:
YOUR LETTERS OF AUGUST 4, 6, 8, 11 AND 25, 1960, IN EFFECT REQUEST OUR REVIEW OF THE DECISION OF THE RAILROAD RETIREMENT BOARD IN DENYING YOU AN ANNUITY UNDER THE RAILROAD RETIREMENT ACT OF 1935, 49 STAT. 967, AS AMENDED, 45 U.S.C. 228A-228Z. YOU ALSO REQUEST, IN EFFECT, THAT OUR OFFICE INVESTIGATE THE BOARD.
IT SEEMS THAT THE BOARD DISALLOWED YOUR CLAIM FOR ANNUITY BECAUSE THEIR RECORDS SHOW THAT YOU WERE NOT EMPLOYED IN A POSITION SUBJECT TO THE ACT AFTER 1932 WHEREAS UNDER THAT ACT AN INDIVIDUAL MUST HAVE BEEN EMPLOYED IN SUCH A POSITION ON OR AFTER AUGUST 29, 1935, IN ORDER TO BE ENTITLED TO AN ANNUITY.
SECTION 10 (B) 1 OF THE ACT, 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.'
IN LIGHT OF THE PROVISION OF LAW JUST QUOTED, OUR OFFICE IS WITHOUT AUTHORITY TO REVIEW THE DECISION OF THE BOARD IN YOUR CASE.
REVIEW OF THE DETERMINATION OF THE BOARD MAY BE HAD UNDER SECTION 11 OF THE ACT, 59 STAT. 973, AS AMENDED, 45 U.S.C. 228K, WHICH PROVIDES:
"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 WHICH 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.'
REGARDING YOUR REQUEST THAT OUR OFFICE INVESTIGATE THE RAILROAD RETIREMENT BOARD YOU MAY BE INFORMED THAT WE HAVE NO AUTHORITY TO INVESTIGATE THE QUALIFICATIONS OF THE MEMBERS OF THE RAILROAD RETIREMENT BOARD OR THEIR ACTIONS IN DECIDING UPON CLAIMS OF INDIVIDUALS FOR ANNUITIES UNDER THE ACT OVER WHICH THEY HAVE BEEN GIVEN JURISDICTION.
THE COPY OF THE LETTER OF MR. ERNEST S. GRIFFITH TO SENATOR ESTES KEFAUVER OF MAY 24, 1957, IS RETURNED HEREWITH.