The "1937 Act" or "1981 Amendment" lump-sum death payment cannot be paid if there is any survivor of the employee who is eligible for a railroad retirement annuity in the month the employee died.
In addition, a lump-sum death payment can only be paid if an application is filed by the second anniversary of the employee's death. If no application for the lump-sum death payment or a monthly benefit is received by that date, the lump-sum death payment cannot be paid.