TN 12 (08-11)

A. Policy for when a LSDP is not payable.

A Lump-Sum Death Payment (LSDP) is not payable if any of the following conditions exist:

• The Railroad Retirement Board (RRB) has jurisdiction in the survivor's claim or has previously paid a LSDP.

• The number holder (NH) deported after September 15, 1954, we received notice of his or her deportation in the month he or she died or earlier, and not lawfully readmitted to the U.S. for permanent residence.

• The NH was an alien who died outside the U.S. after 1/57, and the circumstances were such that payment of the LSDP prevented the alien nonpayment provision.

• The NH received a tax exemption (which is still valid) as a member of a religious group.

The Lump Sum is not payable to a

• person convicted of felonious and intentional homicide.

• a child in the juvenile justice system who, if they were an adult, would have been convicted of a homicide.

B. Procedure when the LSDP is not payable

If an overpayment exists on the number holder’s record, do not pay a Lump-Sum Death Payment (LSDP) Use the lump sum payment to recover the overpayment; and continue to take and develop the claim. For more information, see GN 02205.000 and SM 00805.035.

C. References

• RS 01601.160 Qualified Railroad Retirement Beneficiary – Medicare Entitlement

• RS 02635.000 Deportation

• RS 02610.001 Alien Nonpayment Provisions

• RS 01802.270 Services of Individuals Exempt From Social Security Taxes

• GN 00304.060 Forfeiture of Entitlement – Homicide of the Worker

• GN 02205.000 Overpayments

• SM 00805.035 Overview of MACADE Screens