314 Erroneous pa y- ments . Retirement Board . Personnel. Establishment as an independent agency . Composition, terms of office, vacancies, etc . Representation of employees and car- riers on Board . Chairman, term of of fice
- qualifications .
Board vacancies . Sa lar y, exp ens es, etc. Duties and powers of Board . Enforcement of laws ; effect of deci- sions. Awards to appli- cants entitled to an- nuity. 75 Ta CONGRESS, 1ST SESSION-CH . 382-JUNE 24, 1937 "ERRONEOUS PAYMENTS "SEC . 9 . (a) If the Board finds that at any time more or less than the correct amount of any annuity or pension has theretofore been paid to any individual under this Act or the Railroad Retirement Act of 1935, then, under regulations made by the Board, proper adjustments shall be made in connection with subsequent payments under such Acts to the same individual . "(b) There shall be no recovery of payments of annuities, death benefits, or pensions from any person who, in the judgment of the Board, is without fault and if, in the judgment of the Board, such recovery would be against equity and good conscience . No disbursing officer shall be held liable for any amount paid by him to any person where the recovery of such amount is waived under this section . " RETIREMENT BOARD " Perso nnel "SEC . 10 . (a) There is hereby established as an independent agency in the executive branch of the Government a Railroad Retirement Board, to be composed of three members appointed by the President, by and with the advice and consent of the Senate . E ach me mber shall hold office for a term of five years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of the term and the terms of office of the members first taking office after the enactment date shall expire, as . designated by the President, one at the end of two years, one at the end of three years, and one at the end of four years after the enactment date . One member shall be appointed from recommendations made by rep- re sentat ives o f the employ ees an d one member shall be app ointed from recommendations made by representatives of carriers, in both cases as the President shall direct, so as to provide representation on the Bo ard sa tisfac tory t o the larges t numb er, res pectiv ely, o f empl oyees an d carr iers c oncern ed . One member, who shall be the chairman of the Board, shall be appointed initially for a term of two years without recommendation by either carriers or employees and shall not be in the employment of or be pecuniarily or otherwise interested in any employer or organization of employees . Vacancies in the Board shall not impair the powers or affect the duties of the Board or of the remaining members of the Board, of whom a majority of those in office shall constitute a quorum, for the transaction of business . Ea ch of said member s shal l rece ive a salary of $10 ,000 p er yea r, tog ether with necessary traveling expenses and subsistence expenses, or per- die m allo wance in lie u ther eof, w hile a way fro m the princi pal of fice of the Board on official duties . "Duti es "(b) 1 . The Board shall have and exercise all the duties and powers necessary to administer this Act and the Railroad Retirement Act of 1935 . The Board shall take such - steps as ma ybe ne cessar y to e nforce such Acts and make awards and certify payments . Decisions by the Board upon issues of law and fact relating to pensions, annuities, or death benefits shall not be subject to review by any other administra- tive or accounting officer, agent, or employee of the United States . "2. If the Board finds that an applicant is entitled to an annuity under the provisions of this Act or the Railroad Retirement Act of 1935 then the Board shall make an award fixing the amount of the annuity and shall certify the payment thereof as hereinafter provided ; otherwise the application shall be denied .
