[Federal Register Volume 76, Number 109 (Tuesday, June 7, 2011)]
[Notices]
[Pages 33002-33003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14006]


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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 
two 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 the 
RRB or OIRA must contain the OMB control number of the ICR. For proper 
consideration of your comments, it is best if the RRB and OIRA receive 
them within 30 days of the publication date.
    1. Title and Purpose of information collection: Financial 
Disclosure Statement; OMB 3220-0127.
    Under Section 10 of the Railroad Retirement Act (RRA) and Section 
2(d) of the Railroad Unemployment Insurance Act, the RRB may recover 
overpayments of annuities, pensions, death benefits, unemployment 
benefits, and sickness benefits that were made erroneously. An 
overpayment may be waived if the beneficiary was not at fault in 
causing the overpayment and recovery would cause financial hardship. 
The regulations for the recovery and waiver of erroneous payments are 
contained in 20 CFR part 255 and CFR part 340.
    The RRB utilizes Form DR-423, Financial Disclosure Statement, to 
obtain information about the overpaid beneficiary's income, debts, and 
expenses if that person indicates that (s)he cannot make restitution 
for the overpayment. The information is used to determine if the 
overpayment should be waived as wholly or partially uncollectible. If 
waiver is denied, the

[[Page 33003]]

information is used to determine the size and frequency of installment 
payments. The beneficiary is made aware of the overpayment by letter 
and is offered a variety of methods for recovery. One response is 
requested of each respondent. Completion is voluntary. However, failure 
to provide requested information may result in a denial of the waiver 
request.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (76 FR 8384 on February 14, 2011) required by 44 
U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Financial Disclosure Statement.
    OMB Control Number: 3220-0127.
    Form(s) submitted: DR-423.
    Type of request: Extension without change of a currently approved 
collection.
    Affected public: Individuals or households.
    Abstract: Under the Railroad Retirement and the Railroad 
Unemployment Insurance Acts, the Railroad Retirement Board has 
authority to secure from an overpaid beneficiary a statement of the 
individual's assets and liabilities if waiver of the overpayment is 
requested.
    Changes proposed: The RRB proposes no revisions to Form DR-423.
    The burden estimate for the ICR is as follows:
    Estimated Completion Time for Form DR-423 is estimated at 85 
minutes.
    Estimated annual number of respondents: 1,200.
    Total annual responses: 1,200.
    Total annual reporting hours: 1,700.
    2. Title and Purpose of information collection: Statement Regarding 
Contributions and Support of Children; OMB 3220-0195.
    Section 2(d)(4) of the Railroad Retirement Act (RRA), provides, in 
part, that a child is deemed dependent if the conditions set forth in 
Section 202(d)(3), (4), and (9) of the Social Security Act are met. 
Section 202(d)(4) of the Social Security Act, as amended by Public Law 
104-121, requires as a condition of dependency, that a child receives 
one-half of his or her support from the stepparent. This dependency 
impacts upon the entitlement of a spouse or survivor of an employee 
whose entitlement is based upon having a stepchild of the employee in 
care, or on an individual seeking a child's annuity as a stepchild of 
an employee. Therefore, depending on the employee for at least one-half 
support is a condition affecting eligibility for increasing an employee 
or spouse annuity under the social security overall minimum provisions 
on the basis of the presence of a dependent child, the employee's 
natural child in limited situations, adopted children, stepchildren, 
grandchildren and step-grandchildren and equitably adopted children. 
The regulations outlining child support and dependency requirements are 
prescribed in 20 CFR 222.50-57.
    In order to correctly determine if an applicant is entitled to a 
child's annuity based on actual dependency, the RRB uses Form G-139, 
Statement Regarding Contributions and Support of Children, to obtain 
financial information needed to make a comparison between the amount of 
support received from the railroad employee and the amount received 
from other sources. Completion is required to obtain a benefit. One 
response is required of each respondent.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (76 FR 8384 on February 14, 2011) required by 44 
U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Statement Regarding Contributions and Support of Children.
    OMB Control Number: 3220-0195.
    Form(s) submitted: G-139.
    Type of request: Extension without change of a currently approved 
collection.
    Affected public: Individuals or Households.
    Abstract: Dependency on the employee for at least one-half support 
is a condition for increasing an employee or spouse annuity under the 
social security overall minimum provisions on the basis of the presence 
of a dependent child, the employee's natural child in limited 
situations, adopted children, stepchildren, grandchildren and step-
grandchildren. The information collected solicits financial information 
needed to determine entitlement to a child's annuity based on actual 
dependency.
    Changes proposed: The RRB proposes no changes to Form G-139.
    The burden estimate for the ICR is as follows:
    Estimated Completion Time for Form G-139 is estimated at 60 
minutes.
    Estimated annual number of respondents: 500.
    Total annual responses: 500.
    Total annual reporting hours: 500.
    Additional Information or Comments: Copies of the forms 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 Patricia Henaghan, Railroad Retirement Board, 844 North Rush Street, 
Chicago, Illinois, 60611-2092 or [email protected] and to the 
OMB Desk Officer for the RRB, Fax: 202-395-6974, E-mail address: [email protected].

Charles Mierzwa,
Clearance Officer.
[FR Doc. 2011-14006 Filed 6-6-11; 8:45 am]
BILLING CODE 7905-01-P