89 FR 178 pgs. 74999-75003 - Proposed Collection; Comment Request
Type: NOTICEVolume: 89Number: 178Pages: 74999 - 75003
Pages: 74999, 75000, 75001, 75002, 75003FR document: [FR Doc. 2024-20854 Filed 9-12-24; 8:45 am]
Agency: Railroad Retirement Board
Official PDF Version: PDF Version
[top]
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.
[top] 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
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.
| Form No. | Annual responses | Time (minutes) | Burden (hours) |
|---|---|---|---|
| HA-1 | 300 | 20 | 100 |
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:
• In Section 1, updated the year in example date format.
• In Section 2, changed first sentence to "Check the information entered by the Railroad Retirement Board (RRB) for accuracy."
• In Receipt For Your Statement section (page 11), updated the office hours.
The RRB proposes no changes to Form G-320.
| Form No. | Annual 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 Age 18 Attainments) | 30 | 15 | 7 |
| G-320: | |||
| (Student Monitoring done in Sept, March and at end of school year) | 10 | 15 | 2 |
| Total | 290 | 234 |
3. Title and purpose of information collection: Request to Non-Railroad Employer for Information About Annuitant's Work and Earnings; OMB 3220-0107.
[top] 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
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.
| Form No. | Annual responses | Time (minutes) | Burden (hours) |
|---|---|---|---|
| RL-231-F | 300 | 30 | 150 |
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.
| Form No. | Annual responses | Time (minutes) | Burden (hours) |
|---|---|---|---|
| G-315 | 860 | 15 | 215 |
| G-315A | 20 | 3 | 1 |
| G-315A.1 | 20 | 2 | 1 |
| Total | 900 | 217 |
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.
[top] 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.
| 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 |
| BA-11 (Internet)-Positive | 150 | 30 | 75 |
| BA-11 (Internet)-Negative | 318 | 15 | 80 |
| Total | 489 | 256 |
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).
| 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 |
| Total | 360 | 239 |
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.
| Form No. | Annual responses | Time (minutes) | Burden (hours) |
|---|---|---|---|
| G-19L | 300 | 15 | 75 |
[top]
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 Kennisha.Money@rrb.gov. 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 Brian.Foster@rrb.gov. 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