UNCLASSIFIED (U)

7 FAM 570

RAILROAD RETIREMENT BOARD

(CT:CON-878; 06-04-2019)
(Office of Origin: CA/OCS)

7 FAM 571 summary

(CT:CON-878; 06-04-2019)

The U.S. Railroad Retirement Boards (RRB) mission is to administer retirement/survivor and unemployment/sickness insurance benefit programs for railroad workers and their families under the Railroad Retirement Act and the Railroad Unemployment Insurance Act. These programs provide income protection during old age and in the event of disability, death, temporary unemployment, or sickness. The RRB also administers aspects of the Medicare program and has administrative responsibilities under the Social Security Act and the U.S. Internal Revenue Code.

7 FAM 572 Authorities

(CT:CON-878; 06-04-2019

U.S. legal authority for services related to the Railroad Retirement Board include:

(1) 22 U.S.C. 3904 (3) (Functions of Service);

(2) 45 U.S.C. 209 (Chapter 9 Retirement of Railroad Employees); and

(3) 45 U.S.C. 351 - 369 (Chapter 11 Railroad Unemployment Insurance).

7 FAM 573 Role of the Consular Officer

(CT:CON-878; 06-04-2019)

a. Federal law mandates entitlements to certain federal benefits.

b. Each federal benefits-paying agency establishes policies and procedures under which the laws are implemented. When policies and procedures are applied outside the United States, assistance from U.S. embassies and consulates may be required.

c. A consular officers role is to act as an intermediary between individuals (U.S. citizens and other citizens) living abroad and the following federal agencies for whom services are rendered on their behalf. This is managed through the Regional Federal Benefits officers (7 FAM 514.2) and federal benefits units (7 FAM 590).

7 FAM 574 Role of CA/OCS/PMO

(CT:CON-878; 06-04-2019)

a. The Program Management unit in the Bureau of Consular Affairs, Directorate of Overseas Citizens Services (CA/OCS/PMO) is the Departments liaison with Federal benefits-paying agencies, consular posts abroad and Congress. CA/OCS/PMO provides guidance, disseminates information and implements new programs and procedures of those paying agencies. CA/OCS/PMO also liaises with other Federal agencies, including the Railroad Retirement Board.

b. CA/OCS/PMO works with Federal agencies on Federal Benefits Programs abroad to facilitate efficient and fraud-free payment of benefits, as well as the provision of services. CA/OCS/PMOs goal is to ensure that services are provided efficiently and effectively by the Department for the different Federal Benefits agencies.

c. CA/OCS/PMO has a collective email address FedBen@state.gov, where posts, Federal Benefits Units (FBUs) or Regional Federal Benefits Officers (RFBOs) may send policy inquiries and requests of assistance on complicated issues. Posts should consult with their Federal Benefits Unit prior to contacting CA/OCS/PMO.

7 FAM 575 Limitations on Consular Officers Regarding RRB Work and Disclosure of Information (Privacy Act)

(CT:CON-617; 12-21-2015)

a. Information contained in a name-retrievable system of records concerning a RRB claimant may not be disclosed except:

(1) As expressly authorized by the RRB;

(2) By written authorization by the individual who is the subject of the record; and

(3) In accordance with the 12 exceptions to the conditions of disclosure in the Privacy Act, as amended (5 U.S.C. 552a(b)(1) - (12), see the CA/OCS Intranet Privacy Act Feature.

b. Any unauthorized disclosure is subject to criminal penalties pursuant to 5 U.S.C. 552a (Privacy Act, as amended).

7 FAM 576 DEFINITIONS

(CT:CON-878; 06-04-2019)

Annuity: A monthly railroad retirement benefit payment.

Railroad employer: An interstate railroad or affiliate engaged in railroad-connected operations. Employer associations, national railroad labor organizations, and subordinate units are also railroad employers.

Railroad employee: Any person in the service, for compensation, of one or more of the Nations railroad employers including an officer of such employer.

7 FAM 577 INQUIRIES ABOUT BENEFITS

(CT:CON-617; 12-21-2015)

a. All inquiries from abroad should be sent to the following address:

Railroad Retirement Board 844 N. Rush Street, Room 901 Chicago, IL 60611 Telephone: 1-877-772-5772 FAX: 312-751-7136 E-mail: Chicago@rrb.gov

b. Posts in Mexico and Canada should send their inquiries to the field office currently assigned to your post. However, if you are unsure of that address, send your inquiry to the address above and they will provide assistance.

7 FAM 578 Applying for and receiving RRB Benefits when Living Abroad

7 FAM 578.1 Applying for Benefits

((CT:CON-791; 02-21-2018)

a. Individuals inquiring about benefits for the first time or beneficiaries seeking information about a case should be advised to write to:

Railroad Retirement Board 844 N. Rush Street, Room 901 Chicago, IL 60611 FAX: 312-751-7136 E-mail: chicago@rrb.gov

b. Applicants should:

(1) Clearly print their full name, Social Security number (SSN), and current mailing address. If the inquirer is not the railroad employee, they must still include the railroad employees SSN;

(2) Clearly state the reason for the inquiry; and

(3) Include all necessary dates in this format: (month/day/year, e.g., May 24, 1941).

c. Medical Examination:

(1) When a medical examination is required, the RRB informs the consular officer in the appropriate post by letter and also by sending an RL-259 form (Request for Medical Examination). The RRB sends this form internally to applicants/posts when applicable;

(2) When instructed to do so, the consular officer should rapidly arrange for the examination by a qualified physician; and advise the applicant of the time and place of the appointment. See 7 FAM 534. Promptly return the completed examination form to:

Railroad Retirement Board 844 N. Rush Street, Room 901 Chicago, IL 60611 Fax: 312-751-7136

(3) Allowable fees for the medical examination are authorized and specified in the RRB requesting letter. The appropriate embassy or consulate makes the payment and reflects the expenditure in the regular monthly account, as required by 4 FAH-3 H-434 Paying for vouchers; and

(4) If the consular officer is unable to make the appointment within 60 days, they should provide the RRB with a status report.

7 FAM 578.2 Options Available for Receiving Benefit Checks

(CT:CON-617; 12-21-2015)

a. Railroad beneficiaries residing in foreign countries receive their payments by U. S. Treasury checks issued by the Kansas City Regional Financial Center. They are forwarded to the Department and dispatched to posts via priority mail or direct mail.

b. Railroad beneficiaries can now receive their payments through the International Direct Deposit (IDD) program. IDD is a program service provided by the U.S. Department of the Treasurys International Treasury Services. In order to participate in the IDD program, the country of residence must meet certain eligibility requirements set by the Federal Reserve Bank of New York. The Social Security Administration has a list of IDD countries that currently meet these eligibility requirements.

c. Benefit recipients living in an eligible country must complete International Direct Deposit Form OF-1199-I, which must also be signed by a bank official. The form can be downloaded from the Railroad Retirement Board website. In addition to providing the bank code, branch code and bank account number, it is important that the annuitant indicate the account type: savings or checking, and whether the account is an individual or joint account. For joint accounts, the other holder(s) of the account must also sign the form. The completed form is to be mailed or faxed to the RRB Direct Deposit Specialist:

Railroad Retirement Board Attn: Direct Deposit Specialist 844 N. Rush Street, 11th Floor Chicago, IL 60611 Fax: 312-751-7157

7 FAM 578.3 Nonreceipt of a RRB Benefit Check or Bulk Shipment

(CT:CON-617; 12-21-2015)

a. Nonreceipt of an individual check: The beneficiary usually reports the non-receipt of the check to the post and indicates the month for which the check was not received. The Consular Officer should consult 7 FAM 527.

b. Inform the RRB of the following:

(1) Name and current address of the beneficiary;

(2) Beneficiarys claim number; and

(3) Date of check (e.g., January, 2007).

c. Send information to:

Railroad Retirement Board 844 N. Rush Street, Room 901 Chicago, IL 60611 Fax: 312-751-7136 E-mail: Chicago@rrb.gov

d. If the address has changed since the previous check was issued, the RRB will input the new address and when the replacement check is issued, the RRB will send it to the corrected address.

e. The RRB will notify Treasury to investigate the status of the missing check. (See 7 FAM 520).

f. What the claimant should know:

(1) If the Department of Treasury finds no indication that the check has been negotiated, they will issue a courtesy replacement check. It will take up to four weeks or more to replace a current month nonnegotiated check;

(2) If the Department of Treasury determines that the missing check was actually negotiated, they will send the payee an image of the check and a claims package that includes the Form FMS-1133, Claim against the United States for the Proceeds of a Government Check;

(3) If the payee agrees that he or she did in fact sign the check, no further action is necessary. This usually takes 6 weeks to provide; and

(4) If the payee alleges that he/she did not endorse the check and forgery is alleged, the payee must complete the Form FMS-1133, Claim against the United States for the Proceeds of a Government Check, and return it to the Department of Treasury at the address provided. Upon receipt of the claim form, the Department of Treasury will adjudicate the claim. If forgery is determined, Treasury and the RRB will make a determination that a settlement check is authorized to the payee. (Forgery investigations usually take about 1 year. In most cases, however, the Department of the Treasury will settle with the beneficiary out of the Check Forgery Insurance Fund while continuing the investigation.)

g Nonreceipt of a bulk shipment:

(1) When the consular officer has not received an expected shipment of checks by the 10th of the month (or the date you usually receive them), and you have not been informed that delivery would be delayed, initiate bulk loss procedures immediately. Do not initiate loss procedures before the 10th of the month or your usual date of receipt; and

(2) Consult 7 FAM 527 for further guidance.

7 FAM 578.4 Reporting a Change-of-Address, Death, Marriage, Divorce, etc.

(CT:CON-388; 10-19-2011)

a. The beneficiary must report changes of address, death, marriage, divorce, and any other event that could have an effect on the payment of benefits to:

Railroad Retirement Board 844 N. Rush Street - Room 901 Chicago, IL 60611 FAX: 312-751-7136 E-mail: Chicago@rrb.gov

b. The beneficiary must inform RRB of the following:

(1) Name and current address of the beneficiary;

(2) Beneficiarys claim number;

(3) Event, e.g., death, marriage, divorce, etc.; and

(4) Date of the event.

7 FAM 579 ANTIFRAUD ENFORCEMENT PROGRAM

(CT:CON-388; 10-19-2011)

In addition to relying on beneficiaries to report events that may affect their benefits (see 7 FAM 578.4), RRB contacts representative payees for beneficiaries outside the United States every 3 years to verify their current status. The Enforcement Program was established to:

(1) Ensure that beneficiaries are still living;

(2) Determine whether any unreported events have occurred that could result in the suspension or termination of their benefits and remind beneficiaries and representative payees to report such events promptly; and

(3) Obtain an annual accounting from all representative payees.

7 FAM 579.1 Role of the Consular Officer

(CT:CON-617; 12-21-2015)

a. Generally, consular officers are not directly involved in the receipt or control of the forms beyond the responsibility for mailing the pre-addressed questionnaires to the representative payee.

b. Some representative payees may require assistance (language, age or distance) in completing and signing the questionnaire. In addition, the consular officers need to be mindful of the potential for fraud and do whatever they can to ensure that the benefit is going to the people who are entitled to receive it. That may mean verifying that all questionnaires are distributed, all responses are processed, and all non-responses are investigated promptly. If benefits have already been stopped when a beneficiary seeks assistance, the consular officer should advise the appropriate Regional Federal Benefits Officer or the RRB.

7 FAM 579.2 Investigation Questionnaire

(CT:CON-617; 12-21-2015)

a. The RRB Form G-99-A, Representative Payee Report questionnaires are usually sent in September/October to embassies/consulates abroad. (This is an internal RRB form sent by RRB to applicants/posts when applicable.) The representative payee is asked to complete a questionnaire every 3 years. Responses are due within 30 days.

b. If a representative payee has not returned the questionnaire within 30 days, the RRB sends a second notice and a second questionnaire. The follow-up notice advises the representative payee that benefits will be suspended if RRB does not receive a completed questionnaire within 15 days. Consular officers may be asked to conduct an investigation at that time. Should this occur, post would receive RRB Form G-99-C, Representative Payee Evaluation Report, to use in conducting interviews with the representative payee.

UNCLASSIFIED (U)