[Federal Register Volume 63, Number 68 (Thursday, April 9, 1998)]
[Rules and Regulations]
[Pages 17326-17327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9359]


-----------------------------------------------------------------------

RAILROAD RETIREMENT BOARD

20 CFR Part 216

RIN: 3220-AB27


Eligibility for an Annuity

AGENCY: Railroad Retirement Board.

ACTION: Final Rule.

-----------------------------------------------------------------------

SUMMARY: The Railroad Retirement Board (Board) amends its regulation 
under the Railroad Retirement Act concerning when a child of a railroad 
employee is considered a full-time elementary or secondary student. The 
changes reflect the current trend in most States and jurisdictions to 
recognize home schooling and independent study programs as comparable 
to traditional education.

EFFECTIVE DATE: May 11, 1998.

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

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

SUPPLEMENTARY INFORMATION: Section 2(d)(4) of the Railroad Retirement 
Act (45 U.S.C. 231a(d)(4)) provides, in pertinent part, that an annuity 
is payable to a child of a deceased employee until such child attains 
age 18 or 19 if such child is in full-time attendance at an elementary 
or secondary school.
    Section 2(d)(4) of the Act incorporates the provisions of section 
202(d)(7) of the Social Security Act ( 42 U.S.C. 402(d)(7)), which 
defines the terms full-time elementary or secondary student. Section 
202(d)(7) of the Social Security Act in turn provides that a full-time 
elementary or a secondary student is an individual who is in full-time 
attendance as a student at an elementary or secondary school, as 
determined by the Commissioner of the Social Security Administration 
(by regulations prescribed by the Commissioner).
    Before July 24, 1996, section 404.367 of the Social Security 
Administration regulations under the Social Security Act (20 CFR 
404.367) defined a full-time student as an individual enrolled in an 
educational institution that included public, private, and religious 
schools. The Social Security Administration's previous policy, as 
reflected in its regulation, was aligned with the traditional 
definition of educational programs. However, recently most States and 
other jurisdictions have broadened the definition of education programs 
to include home schooling and independent study programs. Because of 
this trend, the Social Security Administration revised section 404.367 
to include such types of schooling in the definition of elementary and 
secondary schools. See, 61 FR 38361 (1996). The Board, therefore, 
amends its regulations to include students enrolled in home schooling 
or independent study programs authorized by a State or other 
jurisdiction within the definition of a full-time elementary or 
secondary school student.
    The rule was published as a proposed rule October 23, 1997 (62 FR 
55196), requesting comments on or before December 22, 1997. No comments 
were received.
    The Board, with the concurrence of the Office of Management and 
Budget, has determined that this is not a significant regulatory action 
under Executive Order 12866. There are no information collections 
associated with this rule.

List of Subjects in 20 CFR Part 216

    Railroad employees, Railroad retirement.

    For the reasons set out in the preamble, chapter II of Title 20 of 
the Code of Federal Regulations is amended as follows:

PART 216--ELIGIBILITY FOR AN ANNUITY

    1. The authority citation for part 216 continues to read as 
follows:

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

    2. Section 216.74 is revised to read as follows:


Sec. 216.74  When a child is a full-time elementary or secondary school 
student.

    (a) A child is a full-time elementary or secondary school student 
if he or she meets all of the following conditions:
    (1) The child is in full-time attendance at an elementary or 
secondary school; or
    (2) The child is instructed in elementary or secondary education at 
home in accordance with a home school law of the State or other 
jurisdiction in which the child resides; or
    (3) The child is in an independent study elementary or a secondary 
education program administered by the local school, district, or 
jurisdiction, which is in accordance with the law of the State or other 
jurisdiction in which he or she resides.
    (b) The child is in full-time attendance in a day or evening non-
correspondence course of at least 13 weeks duration and he or she is 
carrying a subject load that is considered full-time for day students 
under the institution's standards and practices. If he or she is in a 
home schooling program as described in paragraph (a)(2) of this 
section, he or she must be carrying a subject load that is considered 
full-time for day students under the standards and practices set by the 
State or other jurisdiction in which the student resides.
    (c) To be considered in full-time attendance, scheduled attendance 
must be at the rate of at least 20 hours per week unless one of the 
exceptions in paragraphs (c)(1) and (2) of this section applies. If the 
student is in an independent study program as described in paragraph 
(a)(3) of this section, the number of hours spent in school attendance 
is determined by combining the number of hours of attendance at a 
school facility with the

[[Page 17327]]

agreed upon number of hours spent in independent study. The student may 
still be considered in full-time attendance if the scheduled rate of 
attendance is below 20 hours per week if the Board finds that:
    (1) The school attended does not schedule at least 20 hours per 
week and going to that particular school is the student's only 
reasonable alternative; or
    (2) The student's medical condition prevents him or her from having 
scheduled attendance of at least 20 hours per week. To prove that the 
student's medical condition prevents him or her from scheduling 20 
hours per week, the Board may request that the student provide 
appropriate medical evidence or a statement from the school; or
    (3) The student is not attending classes, but is graduating in that 
month and classes ended the month before.
    (d) An individual is not a full-time student if, while attending an 
elementary or secondary school, he or she is paid compensation by an 
employer who has requested or required that the individual attend the 
school. An individual is not a full time student while he or she is 
confined in a penal institution or correctional facility because he or 
she committed a felony after October 19, 1980.
    (e) A student who reaches age 19 but has not completed the 
requirements for a secondary school diploma or certificate and who is a 
full-time elementary or secondary student, as defined in paragraph (a) 
of this section, will continue to be eligible for benefits until the 
first day of the first month following the end of the quarter or 
semester in which he or she is then enrolled, or if the school is not 
operated on a quarter or semester system, the earlier of:
    (1) The first day of the month following completion of the 
course(s) in which he or she was enrolled when age 19 was reached; or
    (2) The first day of the third month following the month in which 
he or she reached age 19.

    Dated: April 2, 1998.

    By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 98-9359 Filed 4-8-98; 8:45 am]
BILLING CODE 7905-01-P