[Federal Register Volume 67, Number 122 (Tuesday, June 25, 2002)]
[Rules and Regulations]
[Pages 42713-42714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15911]


=======================================================================
-----------------------------------------------------------------------

RAILROAD RETIREMENT BOARD

20 CFR Part 217

RIN 3220-AB46


Application for Annuity or Lump Sum

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

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

SUMMARY: The Railroad Retirement Board (Board) amends 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. These 
changes bring Secs. 217.9 and 217.30 into agreement with the 
distinction already found in Sec. 218.7.

DATES: Effective June 25, 2002.

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

SUPPLEMENTARY INFORMATION: Section 217.9 of the regulations of the 
Board provides for the effective period of an application. This rule 
amends Sec. 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 three months in advance of the earliest 
annuity beginning date. This 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 published the proposed rule on November 29, 2001 (66 FR 
59548), and invited comments by January 28, 2002. No comments were 
received. Accordingly, the proposed rule has been redrafted 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 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 amends title 20, chapter II, part 217 of the Code of Federal 
Regulations as follows:

[[Page 42714]]

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, paragraph (b)(1), 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 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: June 18, 2002.

    By Authority of the Board.

For the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 02-15911 Filed 6-24-02; 8:45 am]
BILLING CODE 7905-01-P