[Federal Register Volume 65, Number 53 (Friday, March 17, 2000)]
[Rules and Regulations]
[Pages 14458-14459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6594]


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RAILROAD RETIREMENT BOARD

20 CFR Part 220

RIN 3220-AB41


Determining Disability

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

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SUMMARY: The Railroad Retirement Board (Board) amends its regulations 
to increase from $500 to $700 the average monthly earnings guidelines 
used to determine whether work done by an individual may be considered 
regular employment. This change coincides with an increase in the 
guidelines contained in the regulations of the Social Security 
Administration for determining substantial gainful activity that became 
effective July 1, 1999.

DATES: Effective Date: This rule is effective March 17, 2000.
    Applicability Date: This rule will be applied to all disability 
claims for which a final decision had not been rendered as of July 1, 
1999.

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

FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, Senior Attorney, 
(312) 751-4945, TDD (312) 751-4701.

SUPPLEMENTARY INFORMATION: The Railroad Retirement Act provides for 
disability annuities for employees, widow(er)s, and children of 
deceased railroad employees who are unable to engage in any regular 
employment because of a permanent physical or mental impairment. 
Regular employment is defined by reference to the definition of 
substantial gainful activity under the Social Security Act. Sections 
220.141 and 220.142 of the Board's regulations reflect this definition 
and define ``substantial gainful activity'' (SGA) as work activity that 
involves doing significant physical or mental activities for pay or 
profit. Work activity is gainful if it is the kind of work usually done 
for pay or profit, whether or not a profit is realized. Section 220.143 
sets forth earnings levels at which the Board considers a disabled 
person to be engaged in SGA regardless of the severity of his or her 
impairment. The amount of average monthly earnings that ordinarily 
demonstrates SGA for people with an impairment has not been increased 
since January 1, 1990. Consequently, with respect to months after June 
1999 the Board raises from $500 to $700 the average monthly earnings 
guidelines used to determine whether work done by a person with a 
disability is substantial gainful activity. The Board has determined 
that an increase in the amount of earnings that constitutes SGA

[[Page 14459]]

provides an updated indicator of when earnings demonstrate the ability 
to engage in SGA and is a significant improvement to the existing 
incentives to encourage individuals with disabilities to attempt to 
work. This increase also conforms to changes in the regulations of the 
Social Security Administration which became effective July 1, 1999 (64 
FR 18566, April 15, 1999; a correction appears at 64 FR 22903, April 
28, 1999).
    The Board published this rule as an interim final rule on November 
18, 1999 (64 FR 62976) and invited comments by July 18, 2000. No 
comments were received. Accordingly, the interim final rule is adopted 
as a final rule without change.

    Dated: March 8, 2000.

    By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 00-6594 Filed 3-16-00; 8:45 am]
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