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2800 Provisions of the Acts and Board Regulations

2800.01 Provisions of the Acts

Section 2(g) of the Railroad Unemployment Insurance Act provides that:

"Benefits accrued to an individual but not yet paid at death shall, upon 

certification by the Board, be paid, without necessity of filing further claims 

therefore, to the same individual or individuals to whom any accrued annuities 

under section 3(f)(1) of the Railroad Retirement Act of 1937 are paid. In the 

event that no such accrued annuities are paid, and if application for such accrued 

benefits is filed prior to the expiration of two years after the death of the individual 

to whom such benefits accrued, such accrued benefits shall be paid, upon 

certification by the Board, to the individual or individuals who would be entitled 

thereto under section 3(f)(1) of the Railroad Retirement Act of 1937 if such 

accrued benefits were accrued annuities. If there is no individual to whom all or 

any part of such accrued benefits can be paid in accordance with the foregoing 

provisions, such benefits or part thereof shall escheat to the credit of the 

account."

Section 3(f)(1) of the Railroad Retirement Act provides that:

"Annuities under section 2(a) which will have become due an individual but will 

not have been paid at the time of such individual's death shall be payable to the 

person, if any, who is determined by the Board to be such individual's widow or 

widower and to have been living with such individual at the time of such 

individual's death and who will not have died before receiving payment of such 

annuities. If there be no such widow or widower, such annuities shall be payable 

to any person or persons, equitably entitled thereto, to the extent and in the 

proportions that he or they shall have paid the expenses of burial of such 

individual, and to the extent that he or they will not have been reimbursed under 

section 5(f)(1) for having paid such expenses. If there be no person or persons 

so entitled, or if the total of such annuities exceeds the amount payable under 

this paragraph to such person or persons, such total, or the remainder thereof, as 

the case may be, shall be paid to the children, grandchildren, parents, or brothers 

and sisters of the deceased individual in the same manner as if such unpaid 

annuities were a lump sum payable under section 5(f)(2)."

2800.02 Provisions of the Regulations

Refer to CFR 20, Part 335.5 of the RRB's regulations, Death of Employee.
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2801 Considerations as to Payment of Benefits

2801.01 When accrued benefits may be due

Benefits may be due in the case of a deceased employee if a claim has not been 

fully processed, or a benefit check has been returned, or if there is an inquiry or 

other communication regarding sickness or unemployment benefits which 

apparently would be payable if a form or forms that had not been filed were to be 

timely filed.

2801.02 Application for accrued benefits

A person will be considered to have made application for accrued benefits due 

but not paid at death for an employee if person's name is shown in any portion of 

a timely application for any type of benefit provided under the Railroad 

Retirement Act. If the person to whom accrued benefits should be paid has not 

been named in such an application under the Railroad Retirement Act, Form UI63, Application for Accrued Benefits Due Under the Railroad Unemployment 

Insurance Act and Unpaid at Death, is required.

2801.03 Outstanding recoverable amount

If there is an outstanding amount recoverable which cannot be completely 

recovered by set-off against additional benefits otherwise payable under the 

Railroad Unemployment Insurance Act, immediately refer the case to the Bureau 

of Fiscal Operations - Debt Recovery Section(BFO-DRS) for advice. BFO-DRS

will determine whether the deceased employee left an estate from which 

recovery can be made before the estate is closed. 

2801.04 Persons to whom benefits are to be paid

Unemployment or sickness benefits accrued to an individual but not paid at death 

are to be paid:

a. To those persons to whom accrued annuities under Section 3(f)(1) of the 

Railroad Retirement Act are paid.

b. If no accrued annuities are due under Section 3(f)(1) of the Railroad 

Retirement Act, then to those persons who would be entitled to such 

annuities if any were due, provided an application for the accrued benefits 

is filed within two years after the employee's death.

RUIA benefits due but unpaid at the time of an employee's death are 

payable under Section 3(f)(1) to survivors in the following priority order:

1. Widow or widower "living with" the employee at the time of death 

who will not have died before receiving payment.
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2. Person or persons equitably entitled (payer of the employee's burial 

expenses).

3. Children (full amount if only one, equal shares if more than one).

4. Grandchildren (full amount if only one, equal shares if more than 

one).

5. Parents (full amount if only one parent, equal shares if both 

survive).

6. Brothers and sisters (full amount if only one, equal shares if more 

than one).

c. If there are no persons who would be entitled to receive all or part of the 

accrued annuities if any were due, then any accrued benefits or part 

thereof shall return to the RUIA account.

2801.05 Amount of Accrued Benefits Payable

Sickness benefits are payable through the date of death. Unemployment 

benefits are payable through the date prior to the date of death.

2802 Receipt of Notice of Death

2802.01 Notice Received in Operations

If a notice is received that a railroad employee has died, develop the case in 

accordance to DPOM/FOM-II-280.

2802.02 Notice Received at a Field Office 

If a notice is received that a railroad employee has died, develop the case in 

accordance to DPOM/FOM-II-328.

2803 Certification of Accrued Benefits

2803.01 Certifying Authority

The Sickness and Unemployment Benefit Section (SUBS) is authorized to certify 

to whom the payment of accrued benefits not paid at death on the basis of 

information developed by the field office. However, if the surviving widow(er) is 

not considered to have been "living with" the deceased and the deceased 

employee had at least 120 cumulative service months prior to 1975, OperationsSurvivor Benefits Division (SBD) is authorized to certify the person to whom 

benefits will be paid. SBD may also certify where neither an accrued annuity nor 

a lump-sum death payment is payable but there is sufficient information to 
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support a determination as to the person or persons entitled to receive the 

accrued benefits.

2803.02 Supporting evidence required

Certification based on information developed by a field office must be supported 

by:

a. An application on Form UI-63 for the payment of accrued benefits to the 

person or persons found to be entitled to them or advice on Form UI-64 

from the field office that the required application has been filed under the 

Railroad Retirement Act.

b. A completed Form UI-64 showing the following:

1. That acceptable proof of death has been examined.

2. That acceptable proof of marriage has been examined.

3. That the surviving widow or widower was "living with" the employee 

when the death occurred.

4. That acceptable proof of payment of the burial expenses has been 

examined to certify the payment of accrued benefits to someone 

other than a "living with" widow or widower (payer of burial 

expenses).

c. Any required forms not filed before the death of the claimant.

2803.03 Certification Form

The Form UI-65 shall serve as documentation for the certification for payment of 

accrued unemployment and sickness benefits.

2803.04 Action If No Certification Can Be Made

If certification cannot be made, the claims folder shall be retained until a date two 

years after the employee's death. At some convenient time thereafter, the claims 

folder shall be forwarded to storage files.

2804 Proofs

2804.01 Form UI-64

A report from the field office on Form UI-64, indicating that it has examined the 

following proofs and has taken no exception to them, shall be accepted as 

evidence sufficient to support certification on Form UI-65 by SUBS.
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2804.02 Death Certificate

A public record of death (Death Certificate) or a coroner's report of death, or a 

certified copy of either, is acceptable as proof of death of the claimant.

2804.03 Relationship of widow or widower

Any one of the following is acceptable as proof of relationship of the widow or 

widower to the claimant:

a. A copy of, or statement as to, a public record of the marriage duly certified 

by the custodian of such record or by an RRB employee.

b. A copy of or statement as to, a church record of the marriage duly certified 

by the custodian of such record, or by an RRB employee.

c. The original certificate of the marriage.

2804.04 "Living with" Defined

The surviving widow (or widower) shall be considered to have been "living with" 

the employee, at the time of the employee's death, if:

a. She (he) and the employee were members of the same household, or

b. The employee was contributing to her (his) support, or

c. The employee was under court order to contribute to her (his) support.

Ordinarily, the survivor's statement, on her (his) application for benefits under the 

Railroad Retirement Act or on Form UI-63, showing that she (he) was living with 

the deceased employee at the time of the employee's death is acceptable. If the 

survivor and the employee were not residing at the same address when the 

application was filed or at the time of the employee's death, proof of "living with", 

must be established.

2804.05 Payment of Burial Expenses

A receipt or other statement from a funeral home director identifying the payer of 

burial expenses and showing a zero balance is acceptable as proof of payment 

of the burial expenses.

2805 Required Forms Not Filed Before Death

2805.01 General

If an employee dies before an application for sickness or unemployment benefits, 

a statement of sickness or a claim is filed, such a form may be filed by or in 
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behalf of the individuals to whom any benefits accrued but not paid at the 

employee's death would be payable.

2805.02 Obtaining required forms

The person (or one of the persons) determined to be entitled to accrued benefits, 

or a person who can properly act in that person's behalf, shall be requested to 

submit or have the required form or forms submitted. If there are two or more 

such persons, direct the request to one of the persons and pend the case for 

reply. If no reply is received within a reasonable time, a request shall be made of 

the other person (or one of the other persons).

Note: If it appears reasonably certain that the employee was survived by a 

spouse, child or parent, and that such person would be entitled to accrued 

benefits, the field office may be asked to secure the required forms in connection 

with developing the case.

2805.03 Examining forms

Forms obtained in accordance with the foregoing subsection shall be examined 

to determine whether they were properly executed and whether all needed 

information was submitted. The form on the reverse side of Form UI-63 shall be 

regarded as properly executed if signed by a person found to be entitled to 

accrued benefits or by a person who can properly act in such a person's behalf. 

With respect to Form SI-1b and Form SI-3, the usual filing requirements for 

statements of sickness and claims for sickness benefits must be met.

2806 Payment of Accrued Benefits

2806.01 General

Except as provided in Subsection .03, payment is to be made to the person or 

persons named in Part B of Form UI-65 and in the proportion indicated when 

certification in Part B has been made by SUBS personnel. Any amount due with 

respect to claims on file shall be certified regardless whether an additional 

amount may become payable upon receipt of additional claims. 

2806.02 Payer of burial expenses

If the person who paid the burial expenses of the claimant is certified by SBD, the 

accrued benefits, to the extent of the difference between the burial expenses and 

the lump-sum death payment, shall be paid to such person. If the accrued 

benefits are more than such difference, payment shall not be made for the 

excess and the Director of Unemployment and Program Support shall be 

informed of the amount not paid.
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2806.03 Non-payment to beneficiary living in restricted country

When the address of a person entitled to payment is other than the United States 

or Canada, brief the case for opinion to the Payment Analysis and System 

section in Policy and Systems for a determination as to whether payment may be 

made to the country indicated. If the address of a person entitled to payment is 

in a restricted country or area, payment shall be withheld and notice shall be sent 

to the Director of Unemployment and Programs Support

2806.05 Notice to person who is to receive benefits

Prepare a special letter for each person determined to be entitled to accrued 

benefits. The letter should inform them that they have been acknowledged as 

the beneficiary of the deceased claimant and the amount of benefits that they will 

receive.

2807 Requests for Guidance

Form UI-51, Brief of Case and Request for Opinion, shall be submitted to P&SRIS in any case where benefits are due and (a) information received from a field 

office is not sufficient to support certification to a widow or widower or, (b) the 

address of the nearest surviving relative, or in the absence of information as to 

surviving relatives, the last address of the claimant, is not within the territory of 

any field office. In addition, questions concerning the validity of the marriage or 

whether the survivor was "living with" the employee at the time of death should 

also be referred to P&S-RIS for advice.