Page:United States Statutes at Large Volume 54 Part 1.djvu/1123

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54 STAT.] 76TH CONG. , 3D SESS.-CH. 797-OCT. 9 , 1940 joint resolution to be furnished, the Board may certify the payment to be made to the employer or other company through whom such report is furnished, and payment in accordance with such certification shall discharge all obligations arising hereunder with respect to such report. SEC. 3. If any employer or other company fails to exercise due care and diligence in carrying out its duties under this joint resolu- tion, the Board, by its employees, may transcribe the necessary data from records in the possession of such employer or other company, which records shall be made available as the Board may require, and no payment shall be due to any employer or other company for or on account of any records transcribed by employees of the Board. SEC. 4. Reports, records, and data acquired by the Board pursuant to this joint resolution shall be so assembled and processed by the Board as to provide as nearly as practicable a complete record, by individuals, of all service and compensation prior to January 1, 1937, creditable under the Railroad Retirement Act of 1937 or the Railroad Retirement Act of 1935. The Board shall take steps reasonably cal- culated to give notice of such record to each individual with respect to whom such record is established. Direct communication, trans- mission to employers for delivery, public advertisement, or such other means as the Board may determine, shall constitute due notice to all such individuals: Provided, however, That, unless the Board's records show that actual notice was received through other means by an indi- vidual for whom the Board has an address on file and such notice is evidenced by a receipt signed by such individual, notice to such indi- vidual shall include the mailing of notice to the last address on file with the Board. Whenever the Board shall determine that reasonable notice has been given it shall so find and shall enter such finding upon its records. Such finding may be made with respect to all individuals or, from time to time, with respect to described classes of individuals. Any record established as herein above provided, which is not con- tested within two years after the finding of reasonable notice herein- above provided for has been entered upon the records of the Board, shall be presumed to include all service rendered and compensation earned prior to January 1, 1937, by the individual to whom such record relates, and, unless shown by new and manifestly convincing evidence to be clearly erroneous, shall be conclusive: Provided, however, That such record shall in no wise restrict the authority of the Board to determine, upon the filing of an application for an annunity, that some or all of the service or compensation so recorded is not service or compensation as said terms are defined in the Railroad Retirement Acts or that under the provisions of the applicable Railroad Retire- ment Act some or all of the service or compensation so recorded is not to be used in the computation of an annunity. The Board may also take steps, through publication or otherwise, reasonably calculated to give notice of the carrying out of this joint resolution, to individuals with respect to whom no record of service or compensation is estab- lished. Whenever the Board shall determine that such steps have been taken it shall so find and shall enter such findings upon its rec- ords. With respect to each individual who does not, within two years after such finding has been entered upon the records of the Board, request the establishment of a record of his service and compensation, the fact that no such record is established shall be presumed to show that such individual, prior to January 1, 1937, rendered no service and earned no compensation as said terms are defined in the applicable Railroad Retirement Act, and such presumption shall be rebuttable only by new and manifestly convincing evidence showing it to be clearly erroneous. 193470°-41-PT . I --69 1089 Transcription ofda- ta by Board. Assembly and proc- essing of reports, etc. 50 Stat. 307; 49 Stat. 967. 45 U. S. C., Supp. V, §§ 215-228r. Notice to individu- als. Proviso& Mailing of notice to last address. Finding of reason- able notice. Uncontested records conclusive as to desig- nated services, etc. Board's authority to determine services, etc., not restricted. Notice by publica. tion. Presumption of non-service, etc.