§ 217.7 Claim filed with the Social Security Administration.

(a) Claim is for life benefits. An application for life benefits under title II of the Social Security Act is an application for an annuity if the conditions either in paragraphs (a)(1), (2), and (3) or in paragraph (a)(4) of this section are met: (1) The application was filed because the applicant did not know he or she was eligible for an annuity under the Railroad Retirement Act. The Board must have or receive evidence indicating why the applicant thought that he or she lacked eligibility for an annuity. (2) The claimant would have been entitled to and would currently be entitled to an annuity under subpart B or D of part 216 of this chapter if the applicant had applied for the annuity on the date the social security application was filed. (3) The applicant asks the Board in a written statement to consider the application for social security benefits as an application for an employee or spouse annuity. (4) The application was filed because the employee had less than 10 years of creditable railroad service, and having established entitlement to social security benefits and continued working in railroad service, subsequently acquired 10 years of railroad service. (b) Claim is for death benefits. An application for death benefits under title II of the Social Security Act is an application for an annuity or lump sum if— (1) The application is filed based on the death of an employee and the Board has jurisdiction for the payment of survivor benefits based on the compensation record of the deceased employee; and (2) The claimant is eligible for an annuity or a lump-sum death payment on the date the application is filed.