Identification Number:
RS 00210 TN 13
Intended Audience:See Transmittal Sheet
Originating Office:ORDP OISP
Title:Lump Sum Death Payments (LSDP)
Type:POMS Transmittals
Program:Title II (RSI),Title XVI (SSI)
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM
Part RS – Retirement and Survivors Insurance
Chapter 002 – Benefits and Payments
Subchapter 10 – Lump Sum Death Payments (LSDP)
Transmittal No. 13, 09/19/2019

Audience

PSC: BA, CA, CCRE, CS, DS, ICDS, IES, ILPDS, IPDS, ISRA, PETE, RECONR, SCPS, TSA, TST;
OCO-OEIO: BET, BTE, CC, CR, CTE, FCR, PETL, RECONR;
OCO-ODO: BTE, CR, CST, CTE, CTE TE, PETE, PETL;
FO/TSC: CS, CS TII, CSR, CTE, DRT, DT, FR, OA, OS, RR, TA, TSC-CSR;

Originating Component

OISP

Effective Date

Upon Receipt

Background

This is a Quick Action Transmittal. These revisions do not change or introduce new policy or procedure.

Summary of Changes

RS 00210.020 When the LSDP is not payable

Subsection A:

Bullet 5: When the POMS section was last updated in 2011, part of the sentence in this bullet was erroneous omitted. We are updating the sentence to clarify that the LSDP is not payable to a person convicted of felonious and intentional homicide "of the numberholder (NH)".

Bullet 6: We are updating the sentence to clarify that the LSDP is not payable to a child in the juvenile justice system who, if they were an adult, would have been convicted of a homicide "of the numberholder (NH)".

Subsection C:

We are adding the reference: GN 00304.070 Homicide by Child

RS 00210.020 When the LSDP is not payable

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 of the NH.

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

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 00210 TN 13 - Lump Sum Death Payments (LSDP) - 9/19/2019