Notice2023-06253
Agency Forms Submitted for OMB Review, Request for Comments
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 27, 2023
Issuing agencies
Railroad Retirement Board
Full Text
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<title>Federal Register, Volume 88 Issue 58 (Monday, March 27, 2023)</title>
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[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Notices]
[Pages 18189-18192]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06253]
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RAILROAD RETIREMENT BOARD
Agency Forms Submitted for OMB Review, Request for Comments
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
[[Page 18190]]
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: Application to Act
as Representative Payee; OMB 3220-0052.
Under section 12 of the Railroad Retirement Act (45 U.S.C. 231k),
the Railroad Retirement Board (RRB) may pay benefits to a
representative payee when an employee, spouse or survivor annuitant is
incompetent or is a minor. A representative payee may be a court-
appointed guardian, a statutory conservator or an individual selected
by the RRB. The procedures pertaining to the appointment and
responsibilities of a representative payee are prescribed in 20 CFR
266. The forms furnished by the RRB to apply for representative payee
status, and for securing the information needed to support the
application follow. RRB Form AA-5, Application for Substitution of
Payee, obtains information needed to determine the selection of a
representative payee who will serve in the best interest of the
beneficiary. RRB Form G-478, Statement Regarding Patient's Capability
to Manage Benefits, obtains information about an annuitant's capability
to manage their own benefits. The form is completed by the annuitant's
personal physician or by a medical officer, if the annuitant is in an
institution. It is not required when a court has appointed an
individual or institution to manage the annuitant's funds or, in the
absence of such appointment, when the annuitant is a minor. The RRB
also provides representative payees with a booklet at the time of their
appointment. The booklet, RRB Form RB-5, Your Duties as Representative
Payee-Representative Payee's Record, advises representative payees of
their responsibilities under 20 CFR 266.9 and provides a means for the
representative payee to maintain records pertaining to the receipt and
use of RRB benefits. The booklet is provided for the representative
payee's convenience. The RRB also accepts records that are kept by
representative payees as part of a common business practice. Completion
is voluntary. One response is requested of each respondent.
Previous Requests for Comments: The RRB has already published the
initial 60-day notice (84 FR 4223 on January 24, 2023) required by 44
U.S.C. 3506(c)(2). That request elicited no comments.
Information Collection Request (ICR)
Title: Application to Act as Representative Payee.
OMB Control Number: 3220-0052.
Forms submitted: AA-5, G-478, and RB-5.
Type of request: Revision of a currently approved collection.
Affected public: Individuals or households; business or other for
profit.
Abstract: Under section 12 of the Railroad Retirement Act, the
Railroad Retirement Board (RRB) may pay benefits to a representative
payee when an employee, spouse or survivor annuitant is incompetent or
is a minor. The collection obtains information related to the
representative payee application, supporting documentation and the
maintenance of records pertaining to the receipt and use of benefits.
Changes proposed: The RRB proposes the following changes to Form
AA-5:
Page 1:
<bullet> Above Question 1: Inserted the words ``and signed'' in the
second sentence.
<bullet> Questions 3 and 5: Added the following Note: ``Does not
include Power of Attorney''.
<bullet> Question 7: Revised No options to include more clarifying
information to make appropriate selection.
<bullet> Question 8: Revised second sentence to ``If the
beneficiary lives alone or independently (no caregiver), show their
address and telephone number.''
Page 2:
<bullet> Question 11b: At the end of the sentence, changed to ``go
to item 18''.
Page 3:
<bullet> Question 16c: Added new question ``Will you charge a fee
for your services?'' along with Yes and No optional responses.
Page 4:
<bullet> Question 17: Removed ``Remarks'' and replaced with new
question 17 a-d and optional Yes and No responses.
<bullet> Question 18: Renumbered ``Remarks'' from 17 to 18.
<bullet> Instructions for Obtaining Form G478 section: Revised last
sentence to read ``Return Form AA-5, and when required, Form G-478
to:''
Page 5:
<bullet> Certification Section Questions 18 and 19: Renumbered from
18 to 19 and 19 to 20 respectively and in question 19, renumbered
reference ``Item 18'' to ``Item 19''.
Page 6:
<bullet> This Space Is For RRB Use Only section: Revised to remove
all information for internal use only except for the last bullet ``I
select the applicant as a representative payee for the beneficiary.''
Page 7:
<bullet> Receipt For Your Claim section: Changed Field Office hours
of operation, corrected grammar syntax for the Legal Status bullet,
added a bullet for reporting changes to bank account information, and
replaced Office of Programs--Operations with ATTN: Field Service--9th
Floor.
Page 8:
<bullet> Important Notices section 4 (1): Removed the dash to
connect the word ``offices.''
The RRB proposes the following changes to Form G-478:
<bullet> Section below Form Title: Defined the address block
entries for the Physician/Medical Officer entries.
<bullet> Patient Name and Address Header above Question 1: Added
``Please Print'' at the end of the header.
<bullet> Question 9: Added ``--Must Be Completed'' at the end of
Certification.
The RRB proposes the following changes to Form RB-5:
<bullet> Pages 1 and 8: Changed the field office hours.
The burden estimate for the ICR is as follows:
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Annual
Form No. responses Time (minutes) Burden (hours)
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AA-5............................................................ 3,000 18 900.0
Individuals..................................................... 2,250 675.0
Institutions.................................................... 750 225.0
G-478........................................................... 2,000 6 200.0
RB-5............................................................ 15,300 60 15,300
Individuals..................................................... 11,475 11,475
Institutions.................................................... 3,825 3,825
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[[Page 18191]]
Total....................................................... 20,300 .............. 16,350
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2. Title and purpose of information collection: Public Service
Pension Questionnaires; OMB 3220-0136.
Public Law 95-216 amended the Social Security Act of 1977 by
providing, in part, that spouse or survivor benefits may be reduced
when the beneficiary is in receipt of a pension based on employment
with a Federal, State, or local governmental unit. Initially, the
reduction was equal to the full amount of the government pension.
Public Law 98-21 changed the reduction to two-thirds of the amount
of the government pension. Public Law 108-203 amended the Social
Security Act by changing the requirement for exemption to public
service offset, that Federal Insurance Contributions Act (FICA) taxes
be deducted from the public service wages for the last 60 months of
public service employment, rather than just the last day of public
service employment.
Sections 4(a)(1) and 4(f)(1) of the Railroad Retirement Act (RRA)
(45 U.S.C. 231) provides that a spouse or survivor annuity should be
equal in amount to what the annuitant would receive if entitled to a
like benefit from the Social Security Administration. Therefore, the
public service pension (PSP) provisions apply to RRA annuities. RRB
regulations pertaining to the collection of evidence relating to public
service pensions or worker's compensation paid to spouse or survivor
applicants or annuitants are found in 20 CFR 219.64c.
The RRB utilizes Form G-208, Public Service Pension Questionnaire,
and Form G-212, Public Service Monitoring Questionnaire, to obtain
information used to determine whether an annuity reduction is in order.
Completion of the forms is voluntary. However, failure to complete the
forms could result in the nonpayment of benefits. One response is
requested of each respondent.
Previous Requests for Comments: The RRB has already published the
initial 60-day notice (85 FR 4224 on January 24, 2023) required by 44
U.S.C. 3506(c)(2). That request elicited no comments.
Information Collection Request (ICR)
Title: Public Service Pension Questionnaires.
OMB Control Number: 3220-0136.
Forms submitted: G-208 and G-212.
Type of request: Extension without change of a currently approved
collection.
Affected public: Individuals or Households.
Abstract: A spouse or survivor annuity under the Railroad
Retirement Act may be subjected to a reduction for a public service
pension. The questionnaires obtain information needed to determine if
the reduction applies and the amount of such reduction.
Changes proposed: The RRB proposes no changes to the forms in the
collection.
The burden estimate for the ICR is as follows:
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Annual
Form No. responses Time (minutes) Burden (hours)
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G-208........................................................... 70 16 19
G-212........................................................... 1,100 15 275
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Total....................................................... 1,170 .............. 294
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3. Title and purpose of information collection: Supplement to Claim
of Person Outside the United States; OMB 3220-0155.
Under the Social Security Amendments of 1983 (Pub. L. 98-21), which
amends Section 202(t) of the Social Security Act, effective January 1,
1985, the Tier I or the overall minimum (O/M) portion of an annuity,
and Medicare benefits payable under the Railroad Retirement Act to
certain beneficiaries living outside the U.S., may be withheld. The
benefit withholding provision of Public Law 98-21 applies to divorced
spouses, spouses, minor or disabled children, students, and survivors
of railroad employees who (1) initially became eligible for Tier I
amounts, O/M shares, and Medicare benefits after December 31, 1984; (2)
are not U.S. citizens or U.S. nationals; and (3) have resided outside
the U.S. for more than six consecutive months starting with the annuity
beginning date. The benefit withholding provision does not apply,
however to a beneficiary who is exempt under either a treaty obligation
of the U.S., in effect on August 1, 1956, or a totalization agreement
between the U.S. and the country in which the beneficiary resides, or
to an individual who is exempt under other criteria specified in Public
Law 98-21.
RRB Form G-45, Supplement to Claim of Person Outside the United
States, is currently used by the RRB to determine applicability of the
withholding provision of Public Law 98-21. Completion of the form is
required to obtain or retain a benefit. One response is requested of
each respondent.
Previous Requests for Comments: The RRB has already published the
initial 60-day notice (84 FR 4224 on January 24, 2023) required by 44
U.S.C. 3506(c)(2). That request elicited no comments.
Information Collection Request (ICR)
Title: Supplement to Claim of Person Outside the United States.
OMB Control Number: 3220-0155.
Form(s) submitted: G-45.
Type of request: Extension without change of a currently approved
collection.
Affected public: Individuals or Households.
Abstract: Under Public Law 98-21, the Tier I or the overall minimum
portion of an annuity and Medicare benefits payable under the Railroad
Retirement Act to certain beneficiaries living outside the United
States may be withheld. The collection obtains the information needed
by the Railroad Retirement Board to implement the benefit withholding
provisions of Public Law 98-21.
Changes proposed: The RRB proposes no changes to Form G-45.
The burden estimate for the ICR is as follows:
[[Page 18192]]
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Annual
Form No. responses Time (minutes) Burden (hours)
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G-45......................................................... 50 10 8
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4. Title and purpose of information collection: Repayment of Debt;
OMB 3220-0169.
When the Railroad Retirement Board (RRB) determines that an
overpayment of Railroad Retirement Act or Railroad Unemployment
Insurance Act benefits has occurred, it initiates prompt action to
notify the annuitant of the overpayment and to recover the money owed
the RRB. To effect payment of a debt by credit card, the RRB utilizes
Form G-421F, Repayment by Credit Card. The RRB's procedures pertaining
to benefit overpayment determinations and the recovery of such benefits
are prescribed in 20 CFR 255 and 340. One form is completed by each
respondent. Completion is voluntary.
Previous Requests for Comments: The RRB has already published the
initial 60-day notice (84 FR 4225 on January 24, 2023) required by 44
U.S.C. 3506(c)(2). That request elicited no comments.
Information Collection Request (ICR)
Title: Repayment of Debt.
OMB Control Number: 3220-0169.
Form(s) submitted: G-421F.
Type of request: Extension without change of a currently approved
collection.
Affected public: Individuals or Households.
Abstract: When the RRB determines that an overpayment of benefits
under the Railroad Retirement Act or Railroad Unemployment Insurance
Act has occurred, it initiates action to notify the claimant of the
overpayment and to recover the amount owed. The collection obtains
information needed to allow for repayment by the claimant by credit
card, in addition to the customary form of payment by check or money
order.
Changes proposed: The RRB proposes no changes to Form G-421F.
The burden estimate for the ICR is as follows:
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Annual
Form No. responses Time (minutes) Burden (hours)
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Form G-421F (RRA) activity...................................... 360 5 30
Form G-421F (RUIA) activity..................................... 175 5 15
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Total....................................................... 535 .............. 45
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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#a7ecc2c9c9ced4cfc689f3d2c4ccc2d5e7d5d5c589c0c8d1"><span class="__cf_email__" data-cfemail="a1eac4cfcfc8d2c9c08ff5d4c2cac4d3e1d3d3c38fc6ced7">[email 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#bdffcfd4dcd393fbd2cec9d8cffdcfcfdf93dad2cb"><span class="__cf_email__" data-cfemail="91d3e3f8f0ffbfd7fee2e5f4e3d1e3e3f3bff6fee7">[email protected]</span></a> and to the OMB
Desk Officer for the RRB, Fax: 202-395-6974, Email address:
<a href="/cdn-cgi/l/email-protection#feb1b7acbfa1ad8b9c93978d8d979190be91939cd09b918ed0999188"><span class="__cf_email__" data-cfemail="ade2e4ffecf2fed8cfc0c4dedec4c2c3edc2c0cf83c8c2dd83cac2db">[email protected]</span></a>.
Brian Foster,
Clearance Officer.
[FR Doc. 2023-06253 Filed 3-24-23; 8:45 am]
BILLING CODE 7905-01-P
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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.