[Federal Register Volume 65, Number 92 (Thursday, May 11, 2000)]
[Proposed Rules]
[Page 30366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11855]


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RAILROAD RETIREMENT BOARD

20 CFR Part 217

RIN 3220-AB45


Application for Annuity or Lump Sum

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

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SUMMARY: The Railroad Retirement Board hereby proposes to amend its 
regulations to enable a divorced spouse who remarries the employee 
within six months of the divorce to use the spouse application to 
qualify for a divorced spouse annuity for the period prior to the 
remarriage. This amendment will eliminate the necessity for the spouse 
to file a separate application for a short period of benefits.

DATES: Comments must be received on or before July 10, 2000.

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

FOR FURTHER INFORMATION CONTACT: Michael C. Litt, General Attorney, 
Railroad Retirement Board, telephone (312) 751-4929, TTD (312) 751-
4701.

SUPPLEMENTARY INFORMATION: Section 217.8 of the Board's regulations 
describes situations where the Board will accept an application filed 
for one type of annuity as an application for another type of annuity. 
An application may be effective for the period six months prior to the 
date of filing. This amendment will add a provision to enable a 
divorced spouse who remarries the employee within six months of the 
divorce to use the spouse application to qualify for a divorced spouse 
annuity for the period after the divorce and prior to the remarriage. 
In such cases the requirement that a claimant be married to the 
employee for a period of one year prior to application for a spouse 
annuity, as required by Sec. 216.54 of this part, is waived.
    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; therefore, no regulatory impact analysis 
is required. There are no information collections associated with this 
rule.

List of Subjects in 20 CFR Part 217

    Railroad employees, Railroad retirement.

    For the reasons set out in the preamble, the Railroad Retirement 
Board proposes to amend chapter II of title 20 of the Code of Federal 
Regulations as follows:

PART 217--APPLICATION FOR ANNUITY OR LUMP SUM

    1. The authority citation for part 217 continues to read as 
follows:

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

    2. In subpart B, Sec. 217.8, redesignate paragraphs (m) through (u) 
as (n) through (v), and add a new paragraph (m) to read as follows:


Sec. 217.8  When one application satisfies the filing requirement for 
other benefits.

* * * * *
    (m) A divorced spouse annuity if the spouse claimant has remarried 
the employee during the six-month retroactive period of the spouse 
annuity application.
* * * * *

    Dated: May 4, 2000.

    By authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 00-11855 Filed 5-10-00; 8:45 am]
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