[Federal Register Volume 66, Number 96 (Thursday, May 17, 2001)]
[Rules and Regulations]
[Pages 27454-27455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12395]


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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: Final rule.

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SUMMARY: The Railroad Retirement Board amends 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 
eliminates the necessity for the spouse to file a separate application 
for a short period of benefits.

EFFECTIVE DATE: This rule is effective May 17, 2001.

FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, Assistant 
General Counsel, Railroad Retirement Board, telephone (312) 751-4945, 
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 final rule adds 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 published this rule as a proposed rule on May 11, 2000 
(65 FR 30366) and invited comments by July 10, 2000. No comments were 
received. Accordingly, the proposed rule is adopted as a final rule 
without change.
    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 amends 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.

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[[Page 27455]]

    (m) A divorced spouse annuity if the spouse claimant has remarried 
the employee during the six-month retroactive period of the spouse 
annuity application.
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    Dated: May 1, 2001.
    By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 01-12395 Filed 5-16-01; 8:45 am]
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