[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Notices]
[Pages 78400-78401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30314]


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RAILROAD RETIREMENT BOARD


Agency Forms Submitted for OMB Review, Request for Comments

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. Chapter 35), the Railroad Retirement Board (RRB) is forwarding 
three (3) Information Collection Requests (ICR) to the Office of 
Information and Regulatory Affairs (OIRA), Office of Management and 
Budget (OMB). Our ICR describes the information we seek to collect from 
the public. Review and approval by OIRA ensures that we impose 
appropriate paperwork burdens.
    The RRB invites comments on the proposed collections of information 
to determine (1) the practical utility of the collections; (2) the 
accuracy of the estimated burden of the collections; (3) ways to 
enhance the quality, utility and clarity of the information that is the 
subject of collection; and (4) ways to minimize the burden of 
collections on respondents, including the use of automated collection 
techniques or other forms of information technology. Comments to RRB or 
OIRA must contain the OMB control number of the ICR. For proper 
consideration of your comments, it is best if RRB and OIRA receive them 
within 30 days of publication date.

1. Appeal Under the Railroad Retirement and Railroad Unemployment 
Insurance Act; OMB 3220-0007

    Under Section 7 (b)(3) of the Railroad Retirement Act (RRA), and 
section 5(c) of the Railroad Unemployment Insurance Act (RUIA) any 
person aggrieved by a decision on his or her application for an annuity 
or benefit under that Act has the right to appeal to the RRB. This 
right is prescribed in 20 CFR part 260 and 20 CFR part 320. The 
notification letter sent to the individual at the time of the original 
action on the application informs the applicant of such right.
    When an individual protests a decision, the concerned bureau 
reviews the entire file and any additional evidence submitted and sends 
the applicant a letter explaining the basis of the determination. The 
applicant is then notified that if he or she wishes to protest further, 
they can appeal to the RRB's Bureau of Hearings and Appeals. The 
procedure pertaining to the filing of such an appeal is prescribed in 
20 CFR 260.5 and 260.9 and 20 CFR 320.12 and 320.38.
    The form prescribed by the RRB for filing an appeal under the RRA 
or RUIA is form HA-1, Appeal Under the Railroad Retirement Act or 
Railroad Unemployment Insurance Act. The form asks the applicant to 
furnish the basis for the appeal and what additional evidence, if any, 
is to be submitted. Completion is voluntary, however if the information 
is not provided the RRB cannot process the appeal.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (73 FR 52432 & 52433 on September 9, 2008) 
required by 44 U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Appeal Under the Railroad Retirement and Railroad 
Unemployment Insurance Act.
    Form(s) submitted: HA-1.
    OMB Control Number: 3220-0007.
    Expiration date of current OMB clearance: 12/31/2008.
    Type of request: Revision of a currently approved collection.
    Affected Public: Individuals or households.
    Estimated annual number of respondents: 650.
    Total annual responses: 650.
    Total annual reporting hours: 217.
    Abstract: Under Section 7(b)(3) of the Railroad Retirement Act and 
Section 5 (c) of the Railroad Unemployment Insurance Act, a person 
aggrieved by a decision on his or her application for an annuity or 
other benefit has the right to appeal to the RRB. The collection 
provides the means for the appeal action. One response is requested of 
each respondent.
    Changes Proposed: The RRB proposes to remove items from Form HA-1 
that requests the appellant to provide their social security number. No 
other changes are proposed. Completion is required to obtain or retain 
benefits.

[[Page 78401]]

2. Annual Earnings Questionnaire; OMB 3220-0179

    Under section 2(e)(3) of the Railroad Retirement Act (RRA), an 
annuity is not payable for any month in which a beneficiary works for a 
railroad. In addition, an annuity is reduced for any month in which the 
beneficiary works for an employer other than a railroad employer and 
earns more than a prescribed amount. Under the 1988 amendments to the 
RRA, the Tier II portion of the regular annuity and any supplemental 
annuity must be reduced by one dollar for each two dollars of Last Pre-
Retirement Non-Railroad Employment (LPE) earnings for each month of 
such service. However, the reduction cannot exceed fifty percent of the 
Tier II and supplemental annuity amount for the month to which such 
deductions apply. LPE generally refers to an annuitant's last 
employment with a non-railroad person, company, or institution prior to 
retirement which was performed whether at the same time of, or after an 
annuitant stopped railroad employment. The collection obtains earnings 
information needed by the RRB to determine if possible reductions in 
annuities because of Last Pre-Retirement Non-Railroad Employment 
Earnings (LPE) are in order.
    The RRB utilizes Form G-19L to obtain LPE earnings information from 
annuitants. Companion Form G-19L.1, which serves as an instruction 
sheet and contains the Paperwork Reduction/Privacy Act Notice for the 
collection accompanies each Form G-19L sent to an annuitant. One 
response is requested of each respondent. Completion is required to 
retain a benefit.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (73 FR 54643 & 54644 on September 22, 2008) 
required by 44 U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Annual Earnings Questionnaire for Annuitants in Last Pre-
Retirement Non-railroad Employment.
    Form(s) submitted: G-19L.
    OMB Control Number: 3220-0179.
    Expiration date of current OMB clearance: 12/31/2008.
    Type of request: Revision of a currently approved collection.
    Affected Public: Individuals or households.
    Estimated annual number of respondents: 300.
    Total annual responses: 300.
    Total annual reporting hours: 75.
    Abstract: Under Section 2(e)(3) of the Railroad Retirement Act, an 
annuity is not payable or is reduced for any month in which the 
beneficiary works for a railroad or earns more than the prescribed 
amounts. The collection obtains earnings information needed by the 
Railroad Retirement Board to determine possible reductions in annuities 
because of earnings.
    Changes Proposed: The RRB proposes the addition of a subitem 
requesting that an annuitant provide an Employer's Identification 
Number (EIN). Non-burden impacting editorial and reformatting changes 
are also proposed.

3. Railroad Unemployment Insurance Act Applications; OMB 3220-0039

    Under Section 2 of the Railroad Unemployment Insurance Act (RUIA), 
sickness benefits are payable to qualified railroad employees who are 
unable to work because of illness or injury. In addition, sickness 
benefits are payable to qualified female employees if they are unable 
to work, or if working would be injurious, because of pregnancy, 
miscarriage or childbirth. Under Section 1(k) of the RUIA, a statement 
of sickness with respect to days of sickness of an employee is to be 
filed with the RRB within a 10-day period from the first day claimed as 
a day of sickness. The RRB's authority for requesting supplemental 
medical information is Section 12(i) and 12(n) of the RUIA. The 
procedures for claiming sickness benefits and for the RRB to obtain 
supplemental medical information needed to determine a claimant's 
eligibility for such benefits are prescribed in 20 CFR Part 335.
    The forms currently used by the RRB to obtain information needed to 
determine eligibility for and the amount of sickness benefits due a 
claimant follows: Form SI-1a, Application for Sickness Benefits; Form 
SI-1b, Statement of Sickness; Form SI-3, Claim for Sickness Benefits; 
Form SI-7, Supplemental Doctor's Statement; Form SI-8, Verification of 
Medical Information; Form ID-7h, Non-Entitlement to Sickness Benefits 
and Information on Unemployment Benefits; Form ID-11a, Requesting 
Reason for Late Filing of Sickness Benefit and ID-11b, Notice of 
Insufficient Medical and Late Filing. Completion is required to obtain 
or retain benefits.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (73 FR 54643 on September 22, 2008) required by 
44 U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Railroad Unemployment Insurance Act Applications.
    Form(s) submitted: SI-1a, SI-1b, SI-3, SI-7, SI-8, ID-7H, ID-11A, 
ID-11b.
    OMB Control Number: 3220-0039.
    Expiration date of current OMB clearance: 12/31/2008.
    Type of request: Revision of a currently approved collection.
    Affected Public: Individuals or households, Private Sector.
    Estimated annual number of respondents: 44,600.
    Total annual responses: 213,900.
    Total annual reporting hours: 21,884.
    Abstract: Under Section 2 of the Railroad Unemployment Insurance 
Act, sickness benefits are payable to qualified railroad employees who 
are unable to work because of illness or injury. The collection obtains 
information from railroad employees and physicians needed to determine 
eligibility to and the amount of such benefits.
    Changes Proposed: Consistent with requirements of the Health 
Insurance Portability and Accountability Act (HIPAA), the RRB proposes 
revisions to Form SI-1b, SI-7, and SI-8 to replace the term ``Tax 
Identification Number'' with ``National Provider Identifier''. No other 
changes are proposed.
    Additional Information or Comments: Copies of the form and 
supporting documents can be obtained from Charles Mierzwa, the agency 
clearance officer at (312-751-3363) or [email protected].
    Comments regarding the information collection should be addressed 
to Ronald J. Hodapp, Railroad Retirement Board, 844 North Rush Street, 
Chicago, Illinois 60611-2092 or [email protected] and to the OMB 
Desk Officer for the RRB, at the Office of Management and Budget, Room 
10230, New Executive Office Building, Washington, DC 20503.

Charles Mierzwa,
Clearance Officer.
 [FR Doc. E8-30314 Filed 12-19-08; 8:45 am]
BILLING CODE 7905-01-P