[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Notices]
[Pages 51117-51118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20549]


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RAILROAD RETIREMENT BOARD


Proposed Data Collection(s) 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 
collections are 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 for 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.

1. Title and Purpose of Information Collection

Public Service Pension Questionnaires; OMB 3220-0136

    Public Law 95-216 amended the Social Security Act of 1977 by 
providing, in part, that spouse or survivor benefits may be reduced 
when the beneficiary is in receipt of a pension based on employment 
with a Federal, State, or local governmental unit. Initially, the 
reduction was equal to the full amount of the government pension.
    Public Law 98-21 changed the reduction to two-thirds of the amount 
of the government pension. Public Law 108-203 amended the Social 
Security Act by changing the requirement for exemption to public 
service offset, that Federal Insurance Contributions Act (FICA) taxes 
be deducted from the public service wages for the last 60 months of 
public service employment, rather than just the last day of public 
service employment.
    Sections 4(a)(1) and 4(f)(1) of the Railroad Retirement Act (RRA) 
provides that a spouse or survivor annuity should be equal in amount to 
what the annuitant would receive if entitled to a like benefit from the 
Social Security Administration. Therefore, the public service pension 
(PSP) provisions apply to RRA annuities. RRB Regulations pertaining to 
the collection of evidence relating to public service pensions or 
worker's compensation paid to spouse or survivor applicants or 
annuitants are found in 20 CFR 219.64c.
    The RRB utilizes Form G-208, Public Service Pension Questionnaire, 
and Form G-212, Public Service Monitoring Questionnaire, to obtain 
information used to determine whether an annuity reduction is in order. 
Completion of the forms is voluntary. However, failure to complete the 
forms could result in the nonpayment of benefits. One response is 
requested of each respondent.
    The RRB proposes a non-burden impacting editorial change for 
clarification purposes to Form G-208 and no changes to Form G-212. The 
completion time for the G-208 is estimated at 16 minutes and the G-212 
is estimated at 15 minutes. The RRB estimates that approximately 70 
Form G-208's and 1,100 Form G-212's are completed annually.

2. Title and Purpose of Information Collection

Self-Employment and Substantial Service Questionnaire; OMB 3220-0138

    Section 2 of the Railroad Retirement Act (RRA) provides for payment 
of annuities to qualified employees and their spouses. In order to 
receive an age and service annuity, Section 2(e)(3) states that an 
applicant must stop all railroad work and give up any rights to return 
to such work. However, applicants are not required to stop non-railroad 
work or self-employment.
    The RRB considers some work claimed as ``self-employment'' to 
actually be employment for an employer. Whether the RRB classifies a 
particular activity as self-employment or as work for an employer 
depends upon the circumstances of each case. These circumstances are 
prescribed in 20 CFR part 216.
    Under the 1988 amendments to the RRA, an applicant is no longer 
required to stop work for a ``Last Pre-Retirement Nonrailroad 
Employer''(LPE). However, section 2(f)(6) of the RRA requires that a 
portion of the employee's Tier II benefit and supplemental annuity be 
deducted for earnings from a ``LPE'' employer.
    ``LPE'' is defined as the last person, company or institution with 
whom the employee or spouse applicant was employed concurrently with, 
or after, the applicant's last railroad employment and before their 
annuity beginning date. If a spouse never worked for a railroad, the 
LPE employer is the last person for whom he or she worked.
    The RRB utilizes Form AA-4, Self-Employment and Substantial Service 
Questionnaire, when an applicant claims to be self-employed to obtain 
information needed to determine if the applicant's work is LPE, 
railroad service or self-employment. If the work is self-employment, 
the questionnaire identifies any months in which the applicant did not 
perform substantial service. One response is requested of each 
respondent. Completion is voluntary. However, failure to complete

[[Page 51118]]

the form could result in the nonpayment of benefits.
    The RRB estimates the completion time for the AA-4 is estimated at 
between 40 and 70 minutes and that approximately 600 AA-4s are 
completed annually. The RRB proposes no changes to Form AA-4.
    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 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,
Clearance Officer.
[FR Doc. 2010-20549 Filed 8-17-10; 8:45 am]
BILLING CODE 7905-01-P