Notice2024-26936
Agency Forms Submitted for Office of Management and Budget 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
November 19, 2024
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) 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 part 260 and 20 CFR part 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 (89 FR 75000 on September 13, 2024) required by 44 U.S.C. 3506(c)(2). That request elicited no comments.
Full Text
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<title>Federal Register, Volume 89 Issue 223 (Tuesday, November 19, 2024)</title>
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[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Notices]
[Pages 91439-91443]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26936]
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RAILROAD RETIREMENT BOARD
Agency Forms Submitted for Office of Management and Budget
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) 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 part 260 and 20 CFR part 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 (89 FR 75000 on September 13, 2024) 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 a minor change to Form HA-1 to
reference page 2 of the form.
The burden estimate for the ICR is as follows:
----------------------------------------------------------------------------------------------------------------
Form No. Annual responses Time (minutes) Burden (hours)
----------------------------------------------------------------------------------------------------------------
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)(3) 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 part 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
[[Page 91440]]
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.
Previous Requests for Comments: The RRB has already published the
initial 60-day notice (89 FR 75000 on September 13, 2024) required by
44 U.S.C. 3506(c)(2). That request elicited no comments.
Information Collection Request (ICR)
Title: Evidence for Application of Overall Minimum.
OMB Control Number: 3220-0083.
Forms submitted: G-319 and G-320.
Type of request: Revision of a currently approved collection.
Affected public: Individuals or Households.
Abstract: Under section 3(f)(3) of the Railroad Retirement Act, 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.
Changes proposed: 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.
The burden estimate for the ICR is as follows:
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Annual
Form No. responses Time (minutes) Burden (hours)
----------------------------------------------------------------------------------------------------------------
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 10 15 2
school year)...................................................
-----------------------------------------------
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) 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 (89 FR 75000 on September 13, 2024) 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:
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Form No. Annual 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.
[[Page 91441]]
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.
Previous Requests for Comments: The RRB has already published the
initial 60-day notice (89 FR 75001 on September 13, 2024) required by
44 U.S.C. 3506(c)(2). That request elicited no comments.
Information Collection Request (ICR)
Title: Student Beneficiary Monitoring.
OMB Control Number: 3220-0123.
Form(s) submitted: G-315, G-315a, G-315a.1.
Type of request: Extension without change of a currently approved
collection.
Affected public: Individuals or Households.
Abstract: Under the Railroad Retirement Act (RRA), a student
benefit is not payable if the student ceases full-time school
attendance, marries, works in the railroad industry, has excessive
earnings or attains the upper age limit under the RRA. The report
obtains information to be used to determine if benefits should cease or
be reduced.
Changes proposed: The RRB proposes no changes to Forms G-315, G-
315A, or G-315A.1.
The burden estimate for the ICR is as follows:
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Form No. Annual responses Time (minutes) Burden (hours)
----------------------------------------------------------------------------------------------------------------
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) on magnetic tape cartridges, 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.
Previous Requests for Comments: The RRB has already published the
initial 60-day notice (89 FR 75001 on September 13, 2024) required by
44 U.S.C. 3506(c)(2). That request elicited no comments.
Information Collection Request (ICR)
Title: Gross Earnings Report.
OMB Control Number: 3220-0132.
Form(s) submitted: BA-11, BA-11 (internet).
Type of request: Extension without change of a currently approved
collection.
Affected public: Private Sector; Businesses or other for-profits.
Abstract: Section 7(c)(2) of the Railroad Retirement Act requires a
financial interchange between the OASDHI trust funds and the railroad
retirement account. The collection obtains gross earnings of railway
employees on a 1% basis. The information is used to determine the
amount which would place the OASDHI trust funds in the position they
would have been if railroad service had been covered by the Social
Security and FIC Acts.
Changes proposed: The RRB proposes no changes to Form BA-11.
The burden estimate for the ICR is as follows:
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Form No. Annual responses Time (minutes) Burden (hours)
----------------------------------------------------------------------------------------------------------------
BA-11 CD-ROM........................................... 0 30 0
BA-11 File Transfer Protocol........................... 20 300 100
BA-11 Secure Email..................................... 1 30 1
[[Page 91442]]
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
Previous Requests for Comments: The RRB has already published the
initial 60-day notice (89 FR 75002 on September 13, 2024) required by
44 U.S.C. 3506(c)(2). That request elicited no comments.
Information Collection Request (ICR)
Title: Railroad Separation Allowance or Severance Pay Report.
OMB Control Number: 3220-0173.
Form(s) submitted: BA-9.
Type of request: Extension without change of a currently approved
collection.
Affected public: Private Sector; Businesses or other for profits.
Abstract: Section 6 of the Railroad Retirement Act provides for a
lump-sum payment to an employee or the employee's survivor 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 collection obtains information concerning the
separation allowances and severance payments paid from railroad
employers.
Changes proposed: 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).
The burden estimate for the ICR is as follows:
----------------------------------------------------------------------------------------------------------------
Form No. Annual responses Time (minutes) Burden (hours)
----------------------------------------------------------------------------------------------------------------
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.
Previous Requests for Comments: The RRB has already published the
initial 60-day notice (89 FR 75002 on September 13, 2024) required by
44 U.S.C. 3506(c)(2). That request elicited no comments.
Information Collection Request (ICR)
Title: Railroad Separation Allowance or Severance Pay Report.
OMB Control Number: 3220-0179.
Form(s) submitted: G-19L.
Type of request: Revision 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
[[Page 91443]]
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 minor changes to update the
office hours on Form G-19L.
The burden estimate for the ICR is as follows:
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Form No. Annual responses Time (minutes) Burden (hours)
----------------------------------------------------------------------------------------------------------------
G-19L............................................... 300 15 75
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Additional Information or Comments: Copies of the forms and
supporting documents or 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#afedddc6cec181e9c0dcdbcaddefddddcd81c8c0d9"><span class="__cf_email__" data-cfemail="084a7a616966264e677b7c6d7a487a7a6a266f677e">[email 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. 2024-26936 Filed 11-18-24; 8:45 am]
BILLING CODE 7905-01-P
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