Title 45 — RailroadsRelease 119-73not60

§231k Incompetence

Title 45 › Chapter 9— RETIREMENT OF RAILROAD EMPLOYEES › Subchapter IV— RAILROAD RETIREMENT ACT OF 1974 › § 231k

Last updated Apr 5, 2026|Official source

Summary

The Board will treat anyone getting or asking for benefits as able to manage their own affairs until the Board receives a written notice it accepts saying the person has been legally found incompetent or is a minor with a guardian. An incompetent is someone legally judged unable to manage their affairs. A guardian is a person legally appointed to care for that person. Even if someone is legally incompetent, the Board can still deal directly with them or with a relative or other person and make payments for their benefit if the Board thinks it is in their interest. A guardian or other person legally in charge of an incompetent person or minor who gets or claims benefits can act for that person, in the ways and to the extent the Board allows, to protect their rights and handle transactions. Any payment the Board makes under these rules fully settles the claim to that payment.

Full Legal Text

Title 45, §231k

Railroads — Source: USLM XML via OLRC

(a)Every individual receiving or claiming benefits, or to whom any right or privilege is extended, under this subchapter or any other Act of Congress now or hereafter administered, in whole or in part, by the Board shall be conclusively presumed to have been competent until the date on which the Board receives written notice, in a form and manner acceptable to the Board, that he is an incompetent, or a minor, for whom a guardian or other person legally vested with the care of his person or estate has been appointed: Provided, however, That, regardless of the legal competency or incompetency of an individual entitled to a benefit administered by the Board, the Board may, if it finds the interest of such individual to be served thereby, recognize actions by, and conduct transactions with, and make payments to, such individual, or recognize actions by, and conduct transactions with, and make payments to, a relative or some other person for such individual’s use and benefit.

(b)Every guardian or other person legally vested with the care of the person or estate of an incompetent or minor who is receiving or claiming benefits, or to whom any right or privilege is extended, under this subchapter or any other Act of Congress now or hereafter administered, in whole or in part, by the Board shall have power everywhere, in the manner and to the extent prescribed by the Board, but subject to the provisions of the preceding subsection, to take any action necessary or appropriate to perfect any right or exercise any privilege of the incompetent or minor and to conduct all transactions on his behalf under this subchapter or any other Act of Congress now or hereafter administered, in whole or in part, by the Board. Any payment made pursuant to the provisions of this section shall be a complete settlement and satisfaction of any claim, right, or interest in and to such payment.

Reference

Citations & Metadata

Citation

45 U.S.C. § 231k

Title 45 — Railroads

Last Updated

Apr 5, 2026

Release point: 119-73not60