The existing regulation is no longer consistent with the statutory criteria in the Railroad Retirement Act for jurisdictional determinations and is therefore facially unlawful. SUPPLEMENTARY INFORMATION:Section 2 of the Railroad Retirement Act directs the Railroad Retirement Board to pay annuities to eligible railroad employees, spouses, divorced spouses, and survivors of a deceased railroad employee. Section 103 of the Railroad Retirement and Survivors' Improvement Act of 2001 amended the vesting requirement for railroad employees and auxiliary beneficiaries to receive annuities under the Railroad Retirement Act. * * * The agency that has jurisdiction over the payment of benefits also has jurisdiction of the applicant's Medicare coverage as described in section 7(d) of the Railroad Retirement Act . Revise § 221.2 to read as follows: ( printed page 51386) § 221.2 Railroad Retirement Board jurisdiction.