A lump-sum death payment (LSDP) is payable when an employee with ten or more years of railroad service and a current connection with the railroad industry dies and is not survived by an individual who is eligible for a monthly annuity in the month the employee died. The amount of the LSDP and the priority for payment depend upon when the employee acquired his or her 120th month of railroad service. If the employee acquired the 120th month of railroad service after 1974, a 1974 Act lump-sum death payment is payable to the employee's widow(er). If the employee acquired the 120th month of railroad service before 1975, a 1937 Act lump-sum death payment is payable to the employee's widow(er), the funeral home or the payer of the employee's burial expenses. An application for an LSDP must be filed within two years after the employee's death. (Approved by the Office of Management and Budget under control number 3220-0031) [51 FR 3036, Jan. 23, 1986, as amended at 52 FR 11017, Apr. 6, 1987] Sec. 234.11 1974 Act lump-sum death payment.
(a) The total amount of the 1974 Act LSDP is payable to the employee's widow(er), if she or he was ``living in the same household'' as the employee at the time of the employee's death. (Refer to Sec. 234.21 for an explanation of ``living in the same household.'')
(b) The amount of the 1974 Act LSDP is equal to three times the amount of the PIA, as determined by section 215 of the Social Security Act, or $255.00, whichever is less. Sec. 234.12 1937 Act lump-sum death payment.
(a) The 1937 Act LSDP is payable in the following order and amounts:
(1) The employee's ``living with'' widow(er) is paid the total amount of the LSDP. (Refer to Sec. 234.21 for an explanation of ``living with.'')
(2) A funeral home, which has unpaid expenses, is paid the amount of the unpaid expenses or the total amount of the LSDP, whichever is less.
(3) An equitably entitled person is paid the total amount of the LSDP or a proportionate share of the LSDP, depending upon the amount of burial expenses he or she paid.
(b) The 1937 Act LSDP is equal to ten times the basic amount. (Refer to Sec. 234.20 for an explanation of the computation of the employee's basic amount.)