[Federal Register Volume 61, Number 32 (Thursday, February 15, 1996)]
[Proposed Rules]
[Pages 5970-5971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3391]



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RAILROAD RETIREMENT BOARD

20 CFR Part 209

RIN 3220-AB16


Railroad Employers' Reports and Responsibilities

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

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SUMMARY: The Railroad Retirement Board (Board) proposes to amend its 
regulations to add sections to permit employers to dispose of payroll 
records after five years, and for the utilization of payroll records to 
credit service under the Railroad Retirement Act in the case of 
employers that have ceased operations. These amendments would alleviate 
needless record retention and would ease reporting requirements for 
employers that have permanently ceased operations.

DATES: Comments must be submitted on or before April 15, 1996.

ADDRESSES: Secretary to the Board, Railroad Retirement Board, 844 Rush 
Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT:
Thomas W. Sadler, Assistant General Counsel, Railroad Retirement Board, 
844 Rush Street, Chicago, Illinois 60611, (312) 751-4513, TDD (312) 
751-4701.

SUPPLEMENTARY INFORMATION: Employer reports are used to establish 
employee compensation and service records. These reports are based on 
payroll records. The Board's rules and procedures regarding the 
authorization of disposal of these records and the utilization of 
payroll records of employers who have abandoned service in lieu of 
employer reports are presently contained in Board Orders, which are not 
readily available to the public. Accordingly, the Board proposes to 
adopt regulations specifying that railroad employers may dispose of 
payroll records more than five years old 

[[Page 5971]]
where there is no dispute pending as to the compensation reported for 
the periods covered by those records. The Board also proposes to amend 
its regulations to provide that the Board will accept payroll records 
in lieu of prescribed reports if there is no official of the employer 
available to prepare and certify to the accuracy of such reports and if 
the tax liability involved has been discharged.

    The Board, with the agreement of the Office of Management and 
Budget, has determined that this is not a significant regulatory action 
under Executive Order 12866; therefore, no regulatory impact analysis 
is required. There are no information collections associated with this 
rule.

List of Subjects in 20 CFR Part 209

    Railroad employees, Railroad retirement, Railroads.

    For the reasons set out in the preamble, title 20, chapter II, part 
209 of the Code of Federal Regulations is proposed to be amended as 
follows:

PART 209--RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES

    1. The authority citation for part 209 continues to read as 
follows:

    Authority: 45 U.S.C. 231f.

    2. Part 209 is amended by adding Secs. 209.16 and 209.17 to read as 
follows:


Sec. 209.16  Disposal of payroll records.

    Employers may dispose of payroll records for periods subsequent to 
1936, provided that the payroll records are more than five years old 
and that there is no dispute pending pertaining to the compensation 
reported for the period of those records.


Sec. 209.17  Use of payroll records as returns of compensation.

    Payroll records of employers which have permanently ceased 
operations may be accepted in lieu of prescribed reports provided that 
there is no official of the employer available to prepare and certify 
to the accuracy of such reports and, provided further that any employer 
and employee tax liability incurred under the Railroad Retirement Tax 
Act has been discharged.

    Dated: February 5, 1996.

    By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 96-3391 Filed 2-14-96; 8:45 am]
BILLING CODE 7905-01-M