---
kind: "section"
citation: "20 C.F.R. § 261.4"
title: "20"
number: "261.4"
heading: "Decisions which shall not be reopened."
url: "https://uscodex.org/cfr/20/261.4"
---

# §261.4. Decisions which shall not be reopened.


The following decisions shall not be reopened:

- (a) An award of an annuity beginning date to an applicant later found to have been in compensated service to an employer under [part 202](/cfr/20/part202.md) of this chapter on that annuity beginning date and who is found not to be at fault in causing the erroneous award; provided, however, that this exception shall not operate to permit payment of benefits for any month in which the claimant is found to be engaged in compensated service.
- (b) An award of an annuity based on a subsequently discovered erroneous crediting of months of service and compensation to a claimant where:
  - (1) The loss of such months of service and compensation will cause the applicant to lose his or her eligibility for an annuity previously awarded;
  - (2) The erroneously credited months of service do not exceed six months; and
  - (3) **The annuitant is found not to be at fault in causing the erroneous crediting.**
- (c) An erroneous award of an annuity where the error is no greater than one dollar per month per annuity affected.
- (d) An erroneous award of a lump sum or accrued annuity payment where the error is no greater than $25.00.

## Notes

### Authority

Authority: 45 U.S.C. 231f.

### Source

Source: 62 FR 45713, Aug. 29, 1997, unless otherwise noted.