Notice2021-13666

Agency Forms Submitted for OMB Review, Request for Comments

Primary source

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Published
June 28, 2021

Issuing agencies

Railroad Retirement Board

Abstract

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the Railroad Retirement Board (RRB) is forwarding an Information Collection Request (ICR) to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB). Our ICR describes the information we seek to collect from the public. Review and approval by OIRA ensures that we impose appropriate paperwork burdens. The RRB invites comments on the proposed collections of information to determine (1) the practical utility of the collections; (2) the accuracy of the estimated burden of the collections; (3) ways to enhance the quality, utility, and clarity of the information that is the subject of collection; and (4) ways to minimize the burden of collections on respondents, including the use of automated collection techniques or other forms of information technology. Comments to the RRB or OIRA must contain the OMB control number of the ICR. For proper consideration of your comments, it is best if the RRB and OIRA receive them within 30 days of the publication date. 1. Title and purpose of information collection: Claimant Appeal Under the Railroad Retirement Act or and Railroad Unemployment Insurance Act; OMB 3220-0007. Under Section 7(b)(3) of the Railroad Retirement Act (RRA) (45 U.S.C. 231f), and Section 5(c) of the Railroad Unemployment Insurance Act (RUIA) (45 U.S.C. 355) any person aggrieved by a decision made by an office of the RRB on his or her application for an annuity or benefit under those Acts has the right to appeal to the RRB. This right is prescribed in 20 CFR 260 and 20 CFR 320. The notification letter, which is provided at the time of filing the original application, informs the applicant of such right. When an applicant protests a decision, the concerned RRB office reviews the entire file and any additional evidence submitted and sends the applicant a letter explaining the basis of the determination. The applicant is then notified that to protest further, they can appeal to the RRB's Bureau of Hearings and Appeals. The appeal process is prescribed in 20 CFR 260.5 and 260.9 and 20 CFR 320.12 and 320.38. To file a request for an appeal the applicant must complete Form HA-1, Appeal Under the Railroad Retirement Act or Railroad Unemployment Insurance Act. The form asks the applicant to explain the basis for their request for an appeal and, if necessary, to describe any additional evidence they wish to submit in support of the appeal. Completion is voluntary, however, if the information is not provided the RRB cannot process the appeal. Previous Requests for Comments: The RRB has already published the initial 60-day notice (86 FR 21361 on April 22, 2021) required by 44 U.S.C. 3506(c)(2). That request elicited no comments.

Full Text

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<title>Federal Register, Volume 86 Issue 121 (Monday, June 28, 2021)</title>
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[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Notices]
[Pages 34061-34064]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13666]


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RAILROAD RETIREMENT BOARD


Agency Forms Submitted for OMB Review, Request for Comments

    Summary: In accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. chapter 35), the Railroad Retirement Board (RRB) is forwarding 
an Information Collection Request (ICR) to the Office of Information 
and Regulatory Affairs (OIRA), Office of Management and Budget (OMB). 
Our ICR describes the information we seek to collect from the public. 
Review and approval by OIRA ensures that we impose appropriate 
paperwork burdens.
    The RRB invites comments on the proposed collections of information 
to determine (1) the practical utility of the collections; (2) the 
accuracy of the estimated burden of the collections; (3) ways to 
enhance the quality, utility, and clarity of the information that is 
the subject of collection; and (4) ways to minimize the burden of 
collections on respondents, including the use of automated collection 
techniques or other forms of information technology. Comments to the 
RRB or OIRA must contain the OMB control number of the ICR. For proper 
consideration of your comments, it is best if the RRB and OIRA receive 
them within 30 days of the publication date.
    1. Title and purpose of information collection: Claimant Appeal 
Under the Railroad Retirement Act or and Railroad Unemployment 
Insurance Act; OMB 3220-0007.
    Under Section 7(b)(3) of the Railroad Retirement Act (RRA) (45 
U.S.C. 231f), and Section 5(c) of the Railroad Unemployment Insurance 
Act (RUIA) (45 U.S.C. 355) any person aggrieved by a decision made by 
an office of the RRB on his or her application for an annuity or 
benefit under those Acts has the right to appeal to the RRB. This right 
is prescribed in 20 CFR 260 and 20 CFR 320. The notification letter, 
which is provided at the time of filing the

[[Page 34062]]

original application, informs the applicant of such right. When an 
applicant protests a decision, the concerned RRB office reviews the 
entire file and any additional evidence submitted and sends the 
applicant a letter explaining the basis of the determination. The 
applicant is then notified that to protest further, they can appeal to 
the RRB's Bureau of Hearings and Appeals. The appeal process is 
prescribed in 20 CFR 260.5 and 260.9 and 20 CFR 320.12 and 320.38.
    To file a request for an appeal the applicant must complete Form 
HA-1, Appeal Under the Railroad Retirement Act or Railroad Unemployment 
Insurance Act. The form asks the applicant to explain the basis for 
their request for an appeal and, if necessary, to describe any 
additional evidence they wish to submit in support of the appeal. 
Completion is voluntary, however, if the information is not provided 
the RRB cannot process the appeal.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (86 FR 21361 on April 22, 2021) required by 44 
U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Claimant Appeal Under the Railroad Retirement Act or 
Railroad Unemployment Insurance Act.
    OMB Control Number: 3220-0007.
    Form(s) submitted: HA-1.
    Type of request: Revision of a currently approved collection.
    Affected public: Individuals or Households.
    Abstract: Under Section 7(b)(3) of the Railroad Retirement Act and 
Section 5(c) of the Railroad Unemployment Insurance Act, a person 
aggrieved by a decision on his or her application for an annuity or 
other benefit has the right to appeal to the RRB. The collection 
provides the means for the appeal action.
    Changes proposed: The RRB proposes minor changes to Form HA-1 to 
the reference citation and minor grammar on page 2.
    The burden estimate for the ICR is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                    Annual
                           Form No.                               responses      Time (minutes)   Burden (hours)
----------------------------------------------------------------------------------------------------------------
HA-1.........................................................             550               20              183
----------------------------------------------------------------------------------------------------------------

    2. Title and purpose of information collection: Application for 
Benefits Due But Unpaid at Death; OMB 3220-0055.
    Under Section 2(g) of the Railroad Unemployment Insurance Act (45 
U.S.C. 352), benefits that accrued but were not paid because of the 
death of the employee shall be paid to the same individual(s) to whom 
benefits are payable under Section 6(a)(1) of the Railroad Retirement 
Act. The provisions relating to the payment of such benefits are 
prescribed in 20 CFR 325.5 and 20 CFR 335.5.
    The RRB provides Form UI-63, Application for Benefits Due But 
Unpaid at Death, to those applying for the accrued sickness or 
unemployment benefits unpaid at the death of the employee and for 
obtaining the information needed to identify the proper payee. One 
response is requested of each respondent. Completion is required to 
obtain a benefit.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (86 FR 21361 on April 22, 2021) required by 44 
U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Application for Benefits Due but Unpaid at Death.
    OMB Control Number: 3220-0055.
    Form(s) submitted: UI-63.
    Type of request: Extension without change of a currently approved 
collection.
    Affected public: Individuals or Households.
    Abstract: The collection obtains the information needed by the 
Railroad Retirement Board to pay benefits accrued under section 2(g) of 
the Railroad Unemployment Insurance Act, but not paid because of the 
death of the employee.
    Changes proposed: The RRB proposes no changes to Form UI-63.
    The burden estimate for the ICR is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                    Annual
                           Form No.                               responses      Time (minutes)   Burden (hours)
----------------------------------------------------------------------------------------------------------------
UI-63........................................................              24                7                3
----------------------------------------------------------------------------------------------------------------

    3. Title and purpose of information collection: Medicare; OMB 3220-
0082.
    Under Section 7(d) of the Railroad Retirement Act (RRA) (45 U.S.C. 
231f), the Railroad Retirement Board (RRB) administers the Medicare 
program for persons covered by the railroad retirement system. The RRB 
uses Form AA-6, Employee Application for Medicare; Form AA-7, Spouse/
Divorced Spouse Application for Medicare; and Form AA-8, Widow/Widower 
Application for Medicare; to obtain the information needed to determine 
whether individuals who have not yet filed for benefits under the RRA 
are qualified for Medicare payments provided under Title XVIII of the 
Social Security Act.
    Further, in order to determine if a qualified railroad retirement 
beneficiary who is claiming supplementary medical insurance coverage 
under Medicare is entitled to a Special Enrollment Period (SEP) and/or 
premium surcharge relief because of coverage under an Employer Group 
Health Plan (EGHP), the RRB needs to obtain information regarding the 
claimant's EGHP coverage, if any. The RRB uses Form RL-311-F, Evidence 
of Coverage Under An Employer Group Health Plan, to obtain the basic 
information needed to establish EGHP coverage for a qualified railroad 
retirement beneficiary.
    Completion of the forms is required to obtain a benefit. One 
response is requested of each respondent.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (86 FR 21361 on April 22, 2021) required by 44 
U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Medicare.
    OMB Control Number: 3220-0082.
    Form submitted: AA-6, AA-7, AA-8 and RL-311-F.
    Type of request: Revision of a currently approved collection.
    Affected public: Individuals or Households; Businesses or other for 
profits.
    Abstract: The Railroad Retirement Board administers the Medicare 
program for persons covered by the

[[Page 34063]]

railroad retirement system. The forms in the collection obtain both 
information needed to enroll non-retired employees and survivor 
applicants in the plan and information from railroad employers needed 
to determine if a railroad retirement beneficiary is entitled to a 
special enrollment period when applying for supplemental medical 
coverage under Medicare.
    Changes proposed: The RRB proposes no changes to the forms AA-6, 
AA-7, or AA-8. The RRB proposed the following changes to Form RL-311-F:
    <bullet> Add the option to return the form by facsimile.
    <bullet> Changed question 4 to replace working with employed, add 
an employment start date for the employee, and add additional 
instructions.
    The burden estimate for the ICR is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      Annual
                            Form No.                                 responses    Time (minutes)  Burden (hours)
----------------------------------------------------------------------------------------------------------------
AA-6............................................................             180               8              24
AA-7............................................................              50               8               7
AA-8............................................................              10               8               1
RL-311-F........................................................           2,000              10             333
                                                                 -----------------------------------------------
    Total.......................................................           2,240  ..............             365
----------------------------------------------------------------------------------------------------------------

    4. Title and purpose of information collection: Request to Non-
Railroad Employer for Information About Annuitant's Work and Earnings; 
OMB 3220-0107.
    Under Section 2 of the Railroad Retirement Act (RRA) (45 U.S.C. 
231a), a railroad employee's retirement annuity or an annuity paid to 
the spouse of a railroad employee is subject to work deductions in the 
Tier II component of the annuity and any employee supplemental annuity 
for any month in which the annuitant works for a Last Pre-Retirement 
Non-Railroad Employer (LPE). The LPE is defined as the last person, 
company, or institution, other than a railroad employer, that employed 
an employee or spouse annuitant. In addition, the employee, spouse, or 
divorced spouse Tier I annuity benefit is subject to work deductions 
under Section 2(f)(1) of the RRA for earnings from any non-railroad 
employer that are over the annual exempt amount. The regulations 
pertaining to non-payment of annuities by reason of work and LPE are 
contained in 20 CFR 230.1 and 230.2.
    The RRB utilizes Form RL-231-F, Request to Non-Railroad Employer 
for Information About Annuitant's Work and Earnings, to obtain the 
information needed to determine if a work deduction should be applied 
because an annuitant worked in non-railroad employment after the 
annuity beginning date. One response is requested of each respondent. 
Completion is voluntary.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (86 FR 21362 on April 22, 2021) required by 44 
U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Request to Non-Railroad Employer for Information About 
Annuitant's Work and Earnings.
    OMB Control Number: 3220-0107.
    Form(s) submitted: RL-231-F.
    Type of request: Extension without change of a currently approved 
collection.
    Affected public: Private Sector; Businesses or other for-profits, 
Not-for-profit institutions.
    Abstract: Under the Railroad Retirement Act (RRA), benefits are not 
payable if an annuitant works for an employer covered under the RRA or 
last non-railroad employer. The collection obtains information 
regarding an annuitant's work and earnings from a non-railroad 
employer. The information is used to determine whether benefits should 
be withheld.
    Changes proposed: The RRB proposes no changes to Form RL-231-F.
    The burden estimate for the ICR is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                    Annual
                           Form No.                               responses      Time (minutes)   Burden (hours)
----------------------------------------------------------------------------------------------------------------
RL-231-F.....................................................             300               30              150
----------------------------------------------------------------------------------------------------------------

    5. Title and Purpose of information collection: Annual Earnings 
Questionnaire for Annuitants in Last Pre-Retirement Non-Railroad 
Employment; OMB 3220-0179.
    Under Section 2(e)(3) of the Railroad Retirement Act (RRA) (45 
U.S.C. 231a), an annuity is not payable for any month in which a 
beneficiary works for a railroad. In addition, an annuity is reduced 
for any month in which the beneficiary works for an employer other than 
a railroad employer and earns more than a prescribed amount. Under the 
1988 amendments to the RRA, the Tier II portion of the regular annuity 
and any supplemental annuity must be reduced by one dollar for each two 
dollars of Last Pre-Retirement Non-Railroad Employment (LPE) earnings 
for each month of such service. However, the reduction cannot exceed 50 
percent of the Tier II and supplemental annuity amount for the month to 
which such deductions apply. The LPE generally refers to an annuitant's 
last employment with a non-railroad person, company, or institution 
prior to retirement, which was performed at the same time as railroad 
employment or after the annuitant stopped railroad employment. The 
collection obtains earnings information needed by the RRB to determine 
if possible reductions in annuities are in order due to LPE.
    The RRB utilizes Form G-19L, Annual Earnings Questionnaire, to 
obtain LPE earnings information from annuitants. One response is 
requested of each respondent. Completion is required to retain a 
benefit.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (86 FR 21362 on April 22, 2021) required by 44 
U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Annual Earnings Questionnaire for Annuitants in Last Pre-
Retirement Non-Railroad Employment.
    OMB Control Number: 3220-0179.
    Form submitted: G-19L.

[[Page 34064]]

    Type of request: Extension without change of a currently approved 
collection.
    Affected public: Individuals or Households.
    Abstract: Under Section 2(e)(3) of the Railroad Retirement Act, an 
annuity is not payable or is reduced for any month in which the 
beneficiary works for a railroad or earns more than the prescribed 
amounts. The collection obtains earnings information needed by the 
Railroad Retirement Board to determine possible reductions in annuities 
because of earnings.
    Changes proposed: The RRB proposes no changes to Form G-19L.
    The burden estimate for the ICR is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                    Annual
                           Form No.                               responses      Time (minutes)   Burden (hours)
----------------------------------------------------------------------------------------------------------------
G-19L........................................................             300               15               75
----------------------------------------------------------------------------------------------------------------

    Additional Information or Comments: Copies of the forms and 
supporting documents can be obtained from Kennisha Tucker at (312) 469-
2591 or <a href="/cdn-cgi/l/email-protection#4d06282323243e252c6319382e26283f0d3f3f2f632a223b"><span class="__cf_email__" data-cfemail="58133d3636312b3039760c2d3b333d2a182a2a3a763f372e">[email&#160;protected]</span></a>. Comments regarding the information 
collection should be addressed to Brian Foster, Railroad Retirement 
Board, 844 North Rush Street, Chicago, Illinois, 60611-1275 or 
<a href="/cdn-cgi/l/email-protection#baf8c8d3dbd494fcd5c9cedfc8fac8c8d894ddd5cc"><span class="__cf_email__" data-cfemail="d290a0bbb3bcfc94bda1a6b7a092a0a0b0fcb5bda4">[email&#160;protected]</span></a>.
    Written comments and recommendations for the proposed information 
collection should be sent within 30 days of publication of this notice 
to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function.

Brian Foster,
Clearance Officer.
[FR Doc. 2021-13666 Filed 6-25-21; 8:45 am]
BILLING CODE 7905-01-P


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Indexed from Federal Register on June 28, 2021.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.