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4.5.1 When POD Is Required

Proof of death of an employee or employee annuitant is required in all claims for 

survivor benefits. POD of other individuals is also required in the following situation:

A. When the death of any person who, if living, would be entitled to all or a portion 

of the survivor benefit is alleged AND such death occurred after the death of the 

employee or employee annuitant.

NOTE: POD of a widow(er) is required in spouse–to-widow(er) cases, when the 

widow(er) dies after the employee but in the same month as the EE and a LSDP 

is payable

B. When a designated beneficiary is an RLS case who, if living, would be entitled to 

an amount in excess of $100.00 is alleged to have died.

C. When the spouse in a J&S election case dies before the employee annuitant.

D. Any other case in which there is reasonable doubt as to the death of:

• Any person who, if living, would have priority over the applicant; or 

• Any spouse whose death is alleged to have ended a prior marriage; or

• Any beneficiary whose termination of entitlement would increase other 

benefits.

4.5.2 Reconciling Conflicting Dates Of Death

There may be a conflict between the date of death shown on the evidence and the date 

of death claimed on the application for benefits or other material in file. In such cases, 

accept the date indicated by the evidence unless the discrepancy:

• Involves the month or year of death; and

• Is material; and

• Is not satisfactorily explained.

To resolve the conflict, secure additional evidence of the correct date of death.

4.5.3 Acceptability Of POD Used By SSA

Any evidence acceptable to SSA as POD is acceptable to the Board without further 

development unless there is a conflict as explained in the preceding section.
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Additional evidence of death is not required for the payment of an RLS when POD has 

been accepted by SSA and is contained in their files. A notation on a G-80 that POD is 

contained in SSA's files is sufficient evidence of that fact.

SSA NUMIDENT may also be used as POD if the record indicates DOD has been 

verified (see FOM1 905.5.2.C.2).

4.5.10 Preferred Evidence - Death Occurred Within United States

A. Public Death Records - Preferred POD consists of:

• A certified copy of the public record of death, coroner's report of death or 

verdict of the coroner's jury of the State or community where death occurred, 

a certificate by the custodian of the public record of death, or a certificate or 

statement of death issued by a local registrar or public health official; or

• A certified copy of an official report or finding of death made by an agency or 

department of the United States which is authorized or requested to make 

such report or finding in the administration of any law of the United States; or

• A photocopy of any of the documents described above showing no signs of 

alteration. (A photocopy of a death certificate does not have to be certified.) 

If a photocopy has been altered, obtain the original document.

NOTE: See Appendix A of Chapter 4.2 for information on the availability and 

cost of death certificates.

B. RRB Forms - The following forms are acceptable:

• G-80 complete by either an RRB or SSA employee showing the DOD; or

• G-91 describing public record of death; or

• G-273 (Statement of Death by Funeral Director). This form is acceptable only 

if it is received in an office of the Board by 8-31-89; or

• G-273a (Statement of Burial Expenses). This form serves a dual purpose, 

i.e., it may be used as proof of payment of B/E and POD. (If the FH is 

applying directly for the LSDP, G-273a is not acceptable as POD.)

C. SSA Forms - The following forms are acceptable:

• SSA-704 (Describing public record of death; or

• SSA-721 (Statement of Death by Funeral Director); or

• SSA-2872 (Statement of Death and Burial Expenses by Funeral Director).
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NOTE: A photocopy of the SSA-704, SSA-721, or SSA-2872 furnished by SSA 

does not have to be certified to be acceptable as POD. If the FH is applying 

directly for the LSDP, the SSA-721 or SSA-2872 is not acceptable as POD.

4.5.11 Preferred Evidence - Death Occurred Outside United States

When the death of an individual, other than a member of the U.S. Armed Forces, 

occurred outside of the U.S., acceptable POD is:

• A report of death by a United States Counsel, or other agent of the State 

Department, bearing the signature and official seal of such consul or agent; or

• A certified copy of the public record of death; or

• A signed statement of death by a funeral director (RRB Form G-273 or SSA Form 

SSA-721 or Forms G-273a or SSA-2872 submitted as proof of B/E (unless the FH is 

applying directly for LSDP) when submitted through a D/O for deaths occurring in 

Canada or Mexico; or

• Other evidence of probative value

4.5.12 Evidence Of Death For Members Of U.S. Armed Forces

A. Death Occurred Within the U.S - Accept any of the evidence described in 

sections 4.5.10 and 4.5.13.

B. Death Occurred Outside the U.S. - Accept any of the following types of evidence.

• The official report of death (including telegrams), or any signed

communication from the Washington D.C. headquarters of the service 

department showing the date of death; or

• A letter from any commanding officer under whom the serviceman served at 

the time of death describing the casualty and showing the date of death; or

• A citation signed by the President of the United States showing the 

serviceman's name and date of death.

4.5.13 Secondary Evidence Of Death

If preferred evidence cannot be obtained and a satisfactory reason is provided in a 

signed statement by the applicant, accept one of the following:

• A signed statement on the official stationery of the attending physician, or 

superintendent of the institution where death occurred (SSA's Form SSA-795 

completed by such physician or superintendent is acceptable in this case); or
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• The sworn statements of two or more persons having knowledge of the death which 

set forth the facts and circumstances as to the date, time, place, and cause of death; 

or

• Other evidence of probative value.

4.5.20 Effect Of Disappearance On RR Act Benefits

A. Retirement Annuities - No annuity can accrue to an employee annuitant for any 

month during which (s)he disappears unless it is proven that (s)he was actually 

alive during such month. Suspend the employee annuity upon notice of 

disappearance, continue to pay the spouse annuity, if any. See section 4.5.20C.

B. Effect on Accrued Annuities - When the annuitant disappears, deny an 

application for accrued annuities unless the applicant can submit evidence to 

show that the annuitant was alive for one or more months after the month of 

disappearance. However, the accrued annuity for the months the annuitant is 

shown to be alive cannot be paid unless the evidence shows that the annuitant is 

now dead or is presumed to be dead.

C. Survivor Benefits - Survivor benefits are payable from the month of the 

employee's disappearance if the following conditions are met:

The employee has a current connection with the railroad industry;

AND

The employee's spouse is entitled, or would have been entitled if he/she had filed 

an application, to a spouse's annuity in the month of disappearance.

A jurisdiction determination cannot be made until we or SSA have proof of death 

or death can be presumed. If the employee is entitled to SS benefits, SSA will 

suspend the benefit. However, any auxiliary benefit is continued in force until 

they have proof of death or death can be presumed. Base survivor benefits on 

the combined record, even though the survivor may concurrently be entitled to 

SS benefits based on the employee's SS earnings record during the period of 

disappearance.

1. If the above conditions are met - Initiate normal survivor development 

action as well as development for presumption of death.

2. If the above conditions are not met - If the employee does not have a 

current connection and the spouse is entitled to an annuity in the month of 

disappearance, or would have been entitled if he/she had filed an 

application, continue paying the spouse annuity until one of the following 

events occurs:
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• The employee's death is established.

• The spouse annuity terminates for another reason.

When survivor benefits have been paid and it is later determined that the 

employee annuitant was alive for one or more months after disappearing, 

recover the total amount of survivor benefits paid for such month(s) minus 

the total amount payable as a spouse annuity. 

4.5.21 Presumptive Finding Of Death

A. General - The termination of an annuity due to disappearance does not establish 

a date of death. Therefore, develop for presumption of death in accordance with 

the following sections whether or not the annuitant leaves a spouse. Submit the 

fully developed case to the Deputy General Counsel for determination.

B. Presumption of Death in Military Service - A presumptive finding of death by a 

service department is made pursuant to Section 5 of Public Law 490, 77th 

Congress, as amended and will so state. The date of death in these cases is a 

statutory date, and is usually a year and a day from the missing date but may be 

later in some cases.

If the finding establishes the fact of death but it is not evident as to the date of 

death, use the presumptive date of death as the date of death in the absence of 

evidence establishing a later date.

4.5.22 Development Of Evidence Of Presumptive Death Of Missing 

Person - Body Not Recovered

When the body of a missing person has not been recovered, obtain the best evidence 

possible in accordance with the following instructions. After full development, submit 

the case to the Deputy General Counsel for determination.

A. Statements From Claimant and Others - Obtain detailed statements from the 

claimant and other persons having knowledge showing the following:

• Identification of the person making the statement;

• Time, place, and circumstances in which the missing person was last seen;

• Remarks and actions of the missing person before disappearance;

• Search for the missing person;

• Missing person's continued absence from his residence, business, and customary 

haunts;
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• Reasons or lack of reasons for falsifying a disappearance, such as financial, family, 

or mental trouble;

• Pertinent evidence or information which came into the person's possession before, 

during, or after the disappearance and its source and basis;

• Opinion as to whether death was the probable result of the circumstances in which 

the missing person was last seen;

• Whether a court has been petitioned to declare the missing person dead.

B. Writings by Missing Person - Obtain any letters, notes, or other writings left or 

sent by the missing person which have any bearing on the disappearance.

C. Insurance Investigation - If available, obtain:

• Evidence as to whether any life insurance policies carried on the missing 

person's life were paid in full;

• The facts and date of death established by the insurance company's 

investigation.

4.5.23 Disappearance Due To Drowning

Develop in accordance with the preceding section and, if possible, obtain statements 

from three or four representative eyewitnesses before submitting the case to the Deputy 

General Counsel for determination. If there were fewer than five eyewitnesses, obtain 

statements from all. If there were no eyewitnesses, obtain statements from other 

persons having knowledge of the facts giving the basis of their knowledge. In all cases, 

the statement should include:

• The depth of the water; and

• Swiftness of the current; and

• The person's ability to swim; and

• The distance from shore to the point where (s)he disappeared; and 

• Whether any boats were in the immediate vicinity; and

• Whether (s)he reappeared on the surface of the water before the final 

disappearance; and

• The length and nature of the search made for the body.
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4.5.24 Disappearance After Common Disaster

In common disaster cases when the body is not recovered, the file should contain the 

applicant's statement that the employee is believed to be dead (and the reasons 

therefor) and a statement from a disinterested person to corroborate the applicant's 

belief.

A. Applicant's Statement - The applicant should state under "Remarks" on the 

application or on a continuation sheet why (s)he believes the employee should 

be presumed dead; i.e.,(s)he should state such facts as will bear out the fact that 

the employee was presumably on the scene of the accident when it occurred and 

that disappearance is attributable to the disaster.

B. Statement From Disinterested Person - The principle requirement in common 

disaster cases is to prove as definitely as possible that the missing person was 

on the scene of the accident and was in imminent peril. Therefore, the best 

evidence is statements from individuals who saw the missing person at the scene 

of the accident shortly before it happened, or under such circumstances that 

make it appear unlikely that (s)he could have survived. The employer or a fellow 

employee is probably in the best position to furnish this type of statement. Any 

such statements should also contain the reasons for believing that the employee 

is dead.

In cases in which it is not possible to obtain statements to indicate that a 

particular employee was observed at work or actually trapped at the scene of the 

accident, obtain statements which will establish that (s)he was presumable at the 

scene when the accident occurred. A master statement by an employer giving 

the names of employees who were believed to have been on duty in establishing 

the death of an employee. Such a statement should clearly show the basis for 

the knowledge or belief that the particular employees were on the scene of the 

disaster when it occurred. A copy of the master statement should be included 

with each claim.

In disasters involving common carriers, obtain the statement of responsible 

company officials and statements of crew members or witnesses.

Cases probably will arise in which the missing person was not known to have 

been at the scene of the disaster, and it will be impossible to secure a statement 

from an employer, fellow employee, or eyewitness placing the employee on the 

scene when the disaster happened. In such case, secure from the applicant and 

friends or neighbors all information which may have a bearing on the movements 

of the missing individual the day of the accident, and which tends to establish 

whether (s)he may be presumed to have died in the disaster. (See section 

4.5.22 for detailed instructions on developing presumptive death).

After full development, submit the case to the Deputy General Counsel for 

determination.
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4.5.25 Missing Person - Unexplained Absence Of Seven Or More 

Years

When a person has been absent from home without explanation and unheard of for 

seven or more years, (s)he may be presumed dead in the absence of substantial 

evidence to the contrary. After full development, submit the case to the Deputy General 

Counsel for determination.

In addition to the development outlined in sec. 4.5.22, develop the following:

A. Statement From Claimant - Obtain the following information:

• When and what was last heard concerning the whereabouts of the missing 

person;

• What effort was made to learn of the person's whereabouts if no information 

concerning the missing person has been received over a long period of time;

• Whether there had been any previous separation of the missing person from 

his family;

• Whether there is any belief that the missing person is dead, and the basis of 

such belief;

• Whether the missing person designated a beneficiary in a life insurance policy 

or policies (s)he had taken out.

B. Statement From Other Person - Obtain a statement from another person who 

has knowledge of the missing person's domestic life to explain the attitude of the 

missing person and his family toward each other.

C. Statement From Police Department Official - Obtain a statement from an official 

in the police department which conducted a search for the missing person to 

indicate what action was taken, how extensive the search was, and whether it 

uncovered any trace of the person's whereabouts.

D. Compensation and/or Wage Record - Determine whether compensation and/or 

wages were reported for the missing person after disappearance.

4.5.26 Missing Person Other Than Employee

The existence of a person who is missing and thought to be dead (other than the 

employee upon whose death the claim is based), may directly affect the right of an 

applicant to benefits. Develop these cases in accordance with the preceding section. If 

it is found that the missing person was alive after his disappearance, inform the 

applicant that the missing person is known to have been alive during the period of his 

absence and cannot be presumed to be dead. If the applicant requests information 
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concerning the missing person or wants proof of the missing person's existence, refer 

the case to the Secretary of the Board (see chapter 10.1).

4.5.35 Felonious Homicide

A person who is found guilty under applicable State laws of the felonious and intentional 

homicide of an employee cannot become entitled to benefits with respect to the death of 

that employee. When the employee's death was caused by violence and when it is 

possible that a claimant living in the same area might have caused the employee's 

death, determine whether felonious homicide is involved. However, if the death 

certificate shows that the death was an accident or suicide, felonious homicide need not 

be considered.

EXAMPLE 1: John Doe died on 9-27-69 in an apartment in Chicago and was survived 

by an eligible widow residing in Gary, Indiana. The death certificate shows that death 

resulted from a gunshot wound which was neither accidental nor self-inflicted. Develop 

for felonious homicide since the widow was in the area where the violent death occurred 

and might have been involved.

EXAMPLE 2: Frank Smith died on 10-11-69 at his home in Detroit, Michigan and was 

survived by a not living with widow also residing in Detroit. The death certificate also 

shows that death was accidental and, therefore, felonious homicide need not be 

considered.

4.5.36 Effect Of Felonious Homicide On Benefits

A person who has been convicted of the felonious and intentional homicide of the 

employee is considered nonexistent in determining the entitlement of other survivors or 

the amount of their benefits.

Burial and/or other related expenses paid by a person convicted of the felonious and 

intentional homicide of the employee will be excluded in computing the reimbursable 

amount. If the felon is reimbursed by some other person, that other person is not 

equitably entitled and may not receive payment on the basis of such reimbursement.

The lump-sum death benefit cannot be paid to a funeral home based on authorization 

by a person who has been convicted of the felonious and intentional homicide of the 

employee and who assumed responsibility for paying all of the funeral home expenses.

After the expiration of 90 days after the employee's death, the funeral home may qualify 

for the lump-sum on its own application if no one else has assumed responsibility for 

payment of such expenses.

4.5.37 Meaning Of Intentional Homicide

A. General - Intent generally refers to the purpose(s) for doing an act; a wish or an 

expectancy that the act will have a certain result (regardless of the actual 
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likelihood of such a result). Intent has also been defined as the presence of will 

in the commission of a criminal act where the individual is fully aware of the 

nature and probable consequences of the act which is to be done. This applies 

whether the individual desires that such consequences occur or is indifferent as 

to their occurrence. Since intent is a state of mind; it is seldom established by 

direct proof but must be inferred from facts. Examples of situations where 

intentional homicide with respect to an individual will be found are: An individual 

actually desires the death of the employee to result from his or her act; an 

individual commits an act which he or she knows could result in the death of the 

employee even thought the employee's death is not actually desired (except as 

noted below).

The following cases are excluded from intentional homicide: homicides which are 

the result of an accident; homicides where the killing is the result of self-defense; 

homicides where the claimant was insane when he or she killed the employee, 

i.e., unaware of the nature and the consequences of the act.

B. Particular Offenses - Murder in the first degree involves intent by definition. 

Murder in the second degree is presumably intentional though the presumption if 

rebuttable. In the absence of evidence to considered an intentional homicide. 

(The rare statutory offense of murder in third degree, found in only a few states, 

is defined as an unintentional act.)

Manslaughter may be either involuntary or voluntary, though the laws of some 

states do not distinguish between voluntary and involuntary manslaughter but 

merely provide that manslaughter is a felony.

Involuntary manslaughter will generally be regarded as an unintentional slaying, 

and conviction of this offense will generally not bar entitlement to an LSDP or to 

monthly benefits.

Voluntary manslaughter may or may not preclude entitlement depending on the 

law of the state in which the charge is preferred. This is also true of a charge of 

manslaughter if state law does not distinguish between voluntary and involuntary 

manslaughter. In such cases, development of the facts relative to the slaying will 

be required and submission to the Bureau of Law may be necessary.

C. List of Particular Offenses

Conviction Rule

First degree murder Intent conclusively presumed.

Second degree murder Intent presumed, but may be rebutted.

Third degree murder Lack of intent presumed. This may be rebutted.
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Involuntary manslaughter Lack of intent presumed. This may be rebutted.

Voluntary manslaughter No presumption. Facts must be developed. 

(See (B) above.)

4.5.38 Homicide By Child

If a child is tried in an adult criminal court and convicted of the intentional and felonious 

homicide of the employee, no benefits may be paid to the child.

If the child is under the jurisdiction of the juvenile justice system, and the juvenile court 

finds that the child intentionally killed the employee by an act which, if committed by an 

adult, would be considered a felony, no benefits may be paid to the child. Information 

on the court's finding should be obtained from the court, the state's attorney, or other 

reliable source. If possible, a copy or official synopsis of the court finding should be 

obtained. If the court records are sealed and no information is available, the benefits 

should be paid unless information is later obtained which shows that the child 

intentionally killed the employee. If the juvenile court finding does not clearly show 

whether the act would be considered a felony, ask the Bureau of Law to determine 

whether the child's offense would be intentional and felonious if committed by an adult.

4.5.39 Development Of Felonious Homicide

When felonious homicide is a possibility, initiate D/O development to determine whether 

or not the applicant was involved in the employee's death unless the D/O has already 

reported that the case is under investigation. Do not initiate D/O development if it is 

established that the applicant was at or near the place where the employee died 

through violent means. Do not conduct any correspondence with the applicant or his 

representative about the case.

4.5.40 D/O Handling Of Felonious Homicide Cases

A. Charge of Felonious Homicide Pending Against the Applicant - The D/O report 

will state that evidence, as specified in (B) below, will be furnished when the 

applicant is acquitted or convicted. (Do not make any payment to the applicant 

until the case is resolved.)

B. Applicant Is Acquitted or Convicted - The D/O will furnish a certification of the 

final verdict or proper court record, or a statement from the district attorney or 

other proper court official, as to the final disposition of the case.

C. Person Other Than Applicant is Charged With or Convicted of Employee's 

Felonious Homicide - The D/O will furnish a statement by the proper law 

enforcement official showing that the applicant was not involved in the homicide.
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D. No One Has Been Charged With or Convicted of Employee's Felonious Homicide

- The D/O will furnish a statement from the proper law enforcement official 

showing that the applicant was not involved in any way.

4.5.41 Cases Involving Manslaughter

If the claimant has been convicted of voluntary manslaughter, the DO will include in the 

file a brief summary statement of the circumstances under which the killing took place, 

and all available evidence that has a bearing on the question of whether the homicide 

was intentional. Such evidence includes statements from the prosecuting attorney, trial 

transcripts, coroner's and police reports, and the finding of the court in its decision.

BRC is unable to make a determination as to the individual's intent, it should submit the 

case to the Bureau of law for an opinion. This instruction is also applicable to 

convictions or charges of manslaughter in states which do not distinguish between 

voluntary and involuntary manslaughter.

If the decision was rendered by a foreign court and there is a question as to whether the 

individual has been convicted of felonious and intentional homicide, submit the case to 

the Bureau of law.

4.5.42 Convicted Claimant Is Granted Pardon

A pardon of a claimant who has been convicted of the felonious and intentional 

homicide of the employee makes the felonious and intentional homicide regulations 

inapplicable only if it is clearly shown that the pardon was granted because the 

pardoning authority became convinced (e.g., by new evidence) that the convicted 

person was in fact innocent of the crime. This will generally be indicated in the pardon. 

If not, and it is alleged that the pardon was granted for this reason, get information from 

the pardoning authority as to whether innocence was the basis for the pardon. The fact 

that the pardon is granted is not alone a basis for concluding that the pardoning 

authority became convinced of the claimant's innocence since an executive pardon may 

be granted for other reasons.