20 CFR 340.8
§ 340.8 Recovery by adjustment in connection with subsequent payments under the Railroad Retirement Act.
United States · 20 CFR — Employees' Benefits · Status: effective
Cite this
- Citation
- 20 CFR 340.8, § 340.8 Recovery by adjustment in connection with subsequent payments under the Railroad Retirement Act, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/77806
- Permanent ID
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Full text
Recovery under this part may be made by permanently reducing the amount of any annuity payable to the overpaid individual (or an individual receiving an annuity based upon the same compensation record as that of the overpaid individual) under the Railroad Retirement Act. This method of recovery is called an actuarial adjustment of the annuity. The Board cannot require any individual to take an actuarial adjustment in order to recover an overpayment nor is an actuarial adjustment available as a matter of right. An actuarial adjustment does not become effective until the overpaid individual negotiates the first annuity check which reflects the annuity rate after actuarial adjustment.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.