[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Notices]
[Pages 16876-16877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7475]


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RAILROAD RETIREMENT BOARD


Proposed Data Collection Available for Public Comment and 
Recommendations.

SUMMARY: In accordance with the requirement of section 3506(c)(2)(A) of 
the Paperwork Reduction Act of 1995 which provides opportunity for 
public comment on new or revised data collections, the Railroad 
Retirement Board (RRB) will publish periodic summaries of proposed data 
collections.
    Comments are invited on: (a) Whether the proposed information 
collection is necessary for the proper performance of the functions of 
the agency, including whether the information has practical utility; 
(b) the accuracy of the RRB's estimate of the burden of the collection 
of the information; (c) ways to enhance the quality, utility, and 
clarity of the information to be collected; and (d) ways to minimize 
the burden related to the collection of information on respondents, 
including the use of automated collection techniques or other forms of 
information technology.
    Title and purpose of information collection: Self-Employment/
Corporate Officer Work and Earnings Monitoring; OMB 3220-XXXX(New).
    Section 2 of the Railroad Retirement Act (RRA) provides for the 
payment of disability annuities to qualified employees. Section 2 also 
provides that if the Railroad Retirement Board (RRB) receives a report 
of an annuitant working for a railroad or earning more than prescribed 
dollar amounts from either nonrailroad employment or self-employment, 
the annuity is no longer payable, or can be reduced, for the months 
worked. The regulations related to the nonpayment or reduction of the 
annuity by reason of work are prescribed in 20 CFR 220.160-164.
    Some activities claimed by the applicant as ``self-employment'' may 
actually be employment for someone else (e.g. training officer, 
consultant, salesman). 20 CFR 216.229(c) states, for example, that an 
applicant is considered an employee, and not self-employed, when acting 
as a corporate officer, since the corporation is the applicant's 
employer. Whether the RRB classifies a particular activity, as self-
employment or as work for an employer depends upon the circumstances in 
each case. The circumstances are prescribed in 20 CFR 216.21-216.23.
    Certain types of work may actually indicate an annuitant's recovery 
from disability. Regulations related to an annuitant's recovery from 
disability of work are prescribed in 20 CFR 220.17-220.20.
    In addition, the RRB conducts continuing disability reviews, (also 
known as a CDR) to determine whether the annuitant continues to meet 
the disability requirements of the law. Payment of disability benefits 
and/or a beneficiary's period of disability will end if medical 
evidence or other information shows that an annuitant is not disabled 
under the standards prescribed in Section 2 of the RRA. Continuing 
disability reviews are generally conducted if one or more of the 
following conditions are met: (1) The annuitant is scheduled for a 
routine periodic review, (2) the annuitant returns to work and 
successfully completes a trial work period, (3) substantial earnings 
are posted to the annuitant's wage record, or (4) information is 
received from the annuitant or a reliable source that the annuitant has 
recovered or returned to work. Provisions relating to when and how 
often the RRB conducts disability reviews are prescribed in 20 CFR 
220.186.
    To enhance program integrity activities, the RRB proposes the 
implementation of Form G-252, Self-Employment/Corporate Officer Work 
and Earnings Monitoring. Form G-252 will obtain information from a 
disability annuitant who claims to be self-employed or a corporate 
officer or who the RRB determines to be self-employed or a corporate 
officer after a continuing disability review. The continuing disability 
review may be prompted by a report of work, return to railroad service, 
an allegation of a medical improvement or a routine disability review 
call-up. The information gathered will be used to determine entitlement 
and/or continued entitlement to, and the amount of, the disability 
annuity, as prescribed in 20 CFR 220.176. Completion will be required 
to retain benefits. One response will be required of each respondent.
    The estimated annual respondent burden is as follows:

                                      Estimate of Annual Respondent Burden
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                                                        Annual
                 Form (s)                     responses      Time (min)     Burden (hrs)
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G-252.............................................             100              20              33
                                                   -------------------------------------------------------------
    Total.........................................             100  ..............              33
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    Additional Information or Comments: To request more information or 
to obtain a copy of the information collection justification, forms, 
and/or supporting material, please call the RRB Clearance Officer at 
(312) 751-3363 or

[[Page 16877]]

send an e-mail request to [email protected]. Comments regarding 
the information collection should be addressed to Patricia A. Henaghan, 
Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 
60611-2092 or send an e-mail to [email protected]. Written 
comments should be received within 60 days of this notice.

Charles Mierzwa,
RRB Clearance Officer.
[FR Doc. 2010-7475 Filed 4-1-10; 8:45 am]
BILLING CODE 7905-01-P