Notice2024-20854
Proposed Collection; Comment Request
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
September 13, 2024
Issuing agencies
Railroad Retirement Board
Full Text
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<title>Federal Register, Volume 89 Issue 178 (Friday, September 13, 2024)</title>
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[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74999-75003]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20854]
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RAILROAD RETIREMENT BOARD
Proposed Collection; Comment Request
In accordance with the requirement of Section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995 which provides opportunity for public
comment on new or revised data collections, the Railroad Retirement
Board (RRB) will publish periodic summaries of proposed data
collections.
Comments are invited on: (a) Whether the proposed information
collection is necessary for the proper performance of the functions of
the agency, including whether the information has practical utility;
(b) the accuracy of the RRB's
[[Page 75000]]
estimate of the burden of the collection of the information; (c) ways
to enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden related to the
collection of information on respondents, including the use of
automated collection techniques or other forms of information
technology.
1. Title and purpose of information collection: Claimant Appeal
Under the Railroad Retirement Act or Railroad Unemployment Insurance
Act; OMB 3220-0007.
Under Section 7(b) 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. The RRB proposes a minor change to
Form HA-1 to reference page 2 of the form.
Estimate of Annual Respondent Burden
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Annual
Form No. responses Time (minutes) Burden (hours)
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HA-1......................................................... 300 20 100
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2. Title and purpose of information collection: Evidence for
Application of Overall Minimum; OMB 3220-0083.
Under Section 3(f)(2) of the Railroad Retirement Act (RRA) (45
U.S.C. 231b), the total monthly benefits payable to a railroad employee
and his/her family are guaranteed to be no less than the amount which
would be payable if the employee's railroad service had been covered by
the Social Security Act. This is referred to as the Social Security
Overall Minimum Guarantee, which is prescribed in 20 CFR 229. To
administer this provision, the Railroad Retirement Board (RRB) requires
information about a retired employee's spouse and child(ren) who would
not be eligible for benefits under the RRA but would be eligible for
benefits under the Social Security Act if the employee's railroad
service had been covered by that Act. The RRB obtains the required
information by the use of Forms G-319, Statement Regarding Family and
Earnings for Special Guaranty Computation, and G-320, Student
Questionnaire for Special Guaranty Computation. One response is
required of each respondent. Completion is required to obtain or retain
benefits. The RRB proposes minor changes to Form G-319:
<bullet> In Section 1, updated the year in example date format.
<bullet> In Section 2, changed first sentence to ``Check the
information entered by the Railroad Retirement Board (RRB) for
accuracy.''
<bullet> In Receipt For Your Statement section (page 11), updated
the office hours.
The RRB proposes no changes to Form G-320.
Estimate of Annual Respondent Burden--Current Burden
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Annual
Form No. responses Time (minutes) Burden (hours)
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G-319 (completed by the employee):
With assistance............................................. 5 26 2
Without assistance.......................................... 230 55 211
G-319 (completed by spouse):
With assistance............................................. 5 30 2
Without assistance.......................................... 10 60 10
G-320:
(Age 18 at Special Guaranty Begin Date or Special Guaranty 30 15 7
Age 18 Attainments)........................................
G-320:
(Student Monitoring done in Sept, March and at end of school 10 15 2
year)......................................................
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Total................................................... 290 .............. 234
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3. 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) (45 U.S.C. 231a) of the RRA for earnings from any
non-railroad
[[Page 75001]]
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. The RRB proposes no changes to Form RL-231-F.
Estimate of Annual Respondent Burden
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Annual
Form No. responses Time (minutes) Burden (hours)
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RL-231-F..................................................... 300 30 150
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4. Title and purpose of information collection: Student Beneficiary
Monitoring; OMB 3220-0123.
Under provisions of the Railroad Retirement Act (RRA), there are
two types of benefit payments that are based on the status of a child
being in full-time elementary or secondary school attendance at age 18-
19: (1) A survivor child's annuity benefit under Section 2(d)(1)(iii)
(45 U.S.C. 231a) and (2) an increase in the employee retirement annuity
under the Special Guaranty computation as prescribed in Section 3(f)(2)
(45 U.S.C. 231b) and 20 CFR 229.
The survivor student annuity is usually paid by direct deposit to a
financial institution either into the student's checking or savings
account or into a joint bank account with a parent. The requirements
for eligibility as a student are prescribed in 20 CFR 216.74 and
include students in independent study and home schooling.
To help determine if a child is entitled to student benefits, the
RRB requires evidence of full-time school attendance. This evidence is
acquired through the RRB's student monitoring program, which utilizes
the following forms. Form G-315, Student Questionnaire, obtains
certification of a student's full-time school attendance as well as
information on the student's marital status, social security benefits,
and employment, which are needed to determine entitlement or continued
entitlement to benefits under the RRA. Form G-315A, Statement of School
Official, is used to obtain, from a school, verification of a student's
full-time attendance when the student fails to return a monitoring Form
G-315. Form G-315A.1, School Official's Notice of Cessation of Full-
Time School Attendance, is used by a school to notify the RRB that a
student has ceased full-time school attendance. The RRB proposes no
changes to Forms G-315, G-315A, or G-315A.1.
Estimate of Annual Respondent Burden
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Annual
Form No. responses Time (minutes) Burden (hours)
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G-315........................................................... 860 15 215
G-315A.......................................................... 20 3 1
G-315A.1........................................................ 20 2 1
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Total....................................................... 900 .............. 217
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5. Title and purpose of information collection: Gross Earnings
Report; OMB 3220-0132.
In order to carry out the financial interchange provisions of
Section 7(c)(2) of the Railroad Retirement Act (RRA) (45 U.S.C. 231f),
the RRB obtains annually from railroad employer's the gross earnings
for their employees on a one-percent basis, i.e., 1% of each employer's
railroad employees. The gross earnings sample is based on the earnings
of employees whose social security numbers end with the digits ``30.''
The gross earnings are used to compute payroll taxes under the
financial interchange.
The gross earnings information is essential in determining the tax
amounts involved in the financial interchange with the Social Security
Administration and Centers for Medicare & Medicaid Services. Besides
being necessary for current financial interchange calculations, the
gross earnings file tabulations are also an integral part of the data
needed to estimate future tax income and corresponding financial
interchange amounts. These estimates are made for internal use and to
satisfy requests from other government agencies and interested groups.
In addition, cash flow projections of the social security equivalent
benefit account, railroad retirement account and cost estimates made
for proposed amendments to laws administered by the RRB are dependent
on input developed from the information collection.
The RRB utilizes Form BA-11 to obtain gross earnings information
from railroad employers. Employers have the option of preparing and
submitting BA-11 reports online via the RRB's Employer Reporting System
or on paper (or in like format) by File Transfer Protocol (FTP) or
secure Email. The online BA-11 includes the option to file a ``negative
report'' (no employees, or no employees with the digits ``30'').
Completion is mandatory. One response is requested of each respondent.
The RRB proposes no changes to Form BA-11.
[[Page 75002]]
Estimate of Annual Respondent Burden
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Annual
Form No. responses Time (minutes) Burden (hours)
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BA-11 CD-ROM.................................................... 0 30 0
BA-11 File Transfer Protocol.................................... 20 300 100
BA-11 Secure Email.............................................. 1 30 1
BA-11 (Internet)--Positive...................................... 150 30 75
BA-11 (Internet)--Negative...................................... 318 15 80
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Total....................................................... 489 .............. 256
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6. Title and purpose of information collection: Railroad Separation
Allowance or Severance Pay Report; OMB 3220-0173.
Section 6 of the Railroad Retirement Act (45 U.S.C. 231e) provides
for a lump-sum payment to an employee or the employee's survivors equal
to the Tier II taxes paid by the employee on a separation allowance or
severance payment for which the employee did not receive credits toward
retirement. The lump-sum is not payable until retirement benefits begin
to accrue or the employee dies. Also, Section 4 (a-1) (iii) (45 U.S.C.
231c) of the Railroad Unemployment Insurance Act provides that a
railroad employee who is paid a separation allowance is disqualified
for unemployment and sickness benefits for the period of time the
employee would have to work to earn the amount of the allowance. The
reporting requirements are specified in 20 CFR 209.14.
In order to calculate and provide payments, the Railroad Retirement
Board (RRB) must collect and maintain records of separation allowances
and severance payments which were subject to Tier II taxation from
railroad employers. The RRB uses Form BA-9, Report of Separation
Allowance or Severance Pay, to obtain information from railroad
employers concerning the separation allowances and severance payments
made to railroad employees and/or the survivors of railroad employees.
Employers currently have the option of submitting their reports on
paper Form BA-9, (or in like format) on a CD-ROM, or by File Transfer
Protocol (FTP), or Secure Email. Completion is mandatory. One response
is requested of each respondent. The RRB proposes no changes to the
manual, CD-ROM, secure email, or FTP Version of Form BA-9. The RRB
proposes no changes from BA-9 (Internet).
Estimate of Annual Respondent Burden
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Annual
Form No. responses Time (minutes) Burden (hours)
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BA-9 (Paper).................................................... 100 76 127
BA-9 (Internet)................................................. 215 15 54
BA-9 (CD-ROM)................................................... 10 76 13
BA-9 (Secure Email)............................................. 25 76 32
BA-9 (FTP)...................................................... 10 76 13
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Total....................................................... 360 .............. 239
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7. 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. The RRB proposes minor changes to update the office hours on
Form G-19L.
Estimate of Annual Respondent Burden
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Annual
Form No. responses Time (minutes) Burden (hours)
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G-19L........................................................ 300 15 75
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[[Page 75003]]
Additional Information or Comments: To request more information or
to obtain a copy of the information collection justification, forms,
and/or supporting material, contact Kennisha Money at (312) 469-2591 or
<a href="/cdn-cgi/l/email-protection#e8a38d8686819b8089c6a587868d91a89a9a8ac68f879e"><span class="__cf_email__" data-cfemail="8ac1efe4e4e3f9e2eba4c7e5e4eff3caf8f8e8a4ede5fc">[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 emailed to
<a href="/cdn-cgi/l/email-protection#e3a1918a828dcda58c90978691a3919181cd848c95"><span class="__cf_email__" data-cfemail="5d1f2f343c33731b322e29382f1d2f2f3f733a322b">[email protected]</span></a>. Written comments should be received within 60
days of this notice.
Brian D. Foster,
Clearance Officer.
[FR Doc. 2024-20854 Filed 9-12-24; 8:45 am]
BILLING CODE 7905-01-P
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