[Federal Register Volume 66, Number 230 (Thursday, November 29, 2001)]
[Proposed Rules]
[Pages 59548-59549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29429]


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RAILROAD RETIREMENT BOARD

20 CFR Part 217

RIN 3220-AB46


Application for Annuity or Lump Sum

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

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SUMMARY: The Railroad Retirement Board (Board) proposes to amend its 
regulations to permit a spouse application, when filed simultaneously 
with the employee's application for a disability annuity, to be filed 
more than three months in advance of the earliest annuity beginning 
date. The proposed changes would bring Secs. 217.9 and 217.30 into 
agreement with the distinction already found in Sec. 218.7.

DATES: Submit comments on or before January 28, 2002.

ADDRESSES: Address any comments concerning this proposed rule to the 
Secretary to the Board, Railroad Retirement Board, 844 North Rush 
Street, Chicago, Illinois 60611-2092.

FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, Assistant 
General Counsel, (312) 751-4945, TTD (312) 751-4701.

SUPPLEMENTARY INFORMATION: Section 217.9 of the regulations of the 
Board provides for the effective period of application. This proposed 
rule amends section 217.9(b) to permit a spouse application, when filed 
simultaneously with the employee's application for a disability 
annuity, to be filed more than

[[Page 59549]]

three months in advance of the earliest annuity beginning date. This 
proposed rule also makes a conforming amendment to Sec. 217.30 
concerning the reasons for denial of an application, and provides 
greater clarity for such denials.
    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 analysis is 
required. Information collections associated with Sec. 217.9 have been 
approved by the Office of Management and Budget under control number 
3220-0002.

List of Subjects in 20 CFR Part 217

    Claims, Railroad retirement, Reporting and record keeping 
requirements.

    For the reasons set out in the preamble, the Railroad Retirement 
Board proposes to amend title 20, chapter II, part 217 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. Section 217.9 of subpart B, is amended by adding directly after 
the words ``paragraph (b)(2)'', the words ``and paragraph (b)(3)'', and 
by adding a new paragraph (b)(3) to read as follows:


Sec. 217.9  Effective period of application.

* * * * *
    (b) * * *
    (3) Application for spouse annuity filed simultaneously with 
employee disability annuity application. When the qualifying employee's 
annuity application effective period is determined by the preceding 
paragraph (b)(2) of this section, a spouse who meets all eligibility 
requirements may file an annuity application on the same date as the 
employee claimant. The spouse application will be treated as though it 
were filed on the later of the actual filing date or the employee's 
annuity beginning date.
* * * * *
    3. Section 217.30 of subpart E is amended by removing paragraph 
(b), redesignating paragraph (c) as paragraph (b), and by adding a new 
paragraph (c) to read as follows:


Sec. 217.30  Reasons for denial of application.

* * * * *
    (c) The applicant files an application more than three months 
before the date on which the eligible person's benefit can begin except 
if the application is for an employee disability annuity or for a 
spouse annuity filed simultaneously with the employee's disability 
annuity application.

    Dated: November 20, 2001.

    By Authority of the Board,
For the Board, Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 01-29429 Filed 11-28-01; 8:45 am]
BILLING CODE 7905-01-P