[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Pages 5858-5860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2610]


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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 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: 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 260 and 20 CFR 320. The notification 
letter, which is sent at the time of the original action on the 
application, informs the applicant of such right. When an applicant 
protests a decision, the concerned RRB office 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 appeal process 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 
explain the basis for their request for an appeal and, if necessary, to 
describe any additional evidence they wish to submit in support of the 
appeal. 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 (76 FR 63959 on October 14, 2011) 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.
    OMB Control Number: 3220-0007.
    Form(s) submitted: HA-1.
    Type of request: Revision of a currently approved collection.
    Affected public: Individuals or Households.
    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.
    Changes proposed: The RRB proposes minor editorial and cosmetic 
changes to Form HA-1.
    The burden estimate for the ICR is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                    Annual
                           Form No.                               responses      Time (minutes)   Burden (hours)
----------------------------------------------------------------------------------------------------------------
HA-1.........................................................             600               20              200
----------------------------------------------------------------------------------------------------------------

    2. Title and Purpose of information collection: Evidence of Marital 
Relationship, Living With Requirements; OMB 3220-0021.
    To support an application for a spouse or widow(er)'s annuity under 
Sections 2(c) or 2(d) of the Railroad Retirement Act, an applicant must 
submit proof of a valid marriage to a railroad employee. In some cases, 
the existence of a marital relationship is not formalized by a civil or 
religious ceremony. In other cases, questions may arise about the legal 
termination of a prior marriage of the employee, spouse, or widow(er). 
In these instances, the RRB must secure additional information to 
resolve questionable marital relationships. The circumstances requiring 
an applicant to submit documentary evidence of marriage are prescribed 
in 20 CFR 219.30.
    In the absence of documentary evidence, the RRB needs to determine 
if a valid marriage existed between a spouse or widow(er) annuity 
applicant and a railroad employee. The RRB utilizes Forms G-124, 
Individual Statement of Marital Relationship; G-124a, Certification of 
Marriage Information; G-237, Statement Regarding Marital Status; G-238, 
Statement of Residence; and G-238a, Statement Regarding Divorce or 
Annulment, to secure the needed information. One response is requested 
of each respondent. Completion is required to obtain benefits.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (76 FR 72010 on November 21, 2011) required by 44 
U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Evidence of Marital Relationship, Living With Requirements.
    OMB Control Number: 3220-0021.
    Forms submitted: G-124, G-124a, G-237, G-238, G-238a.
    Type of request: Extension without change of a currently approved 
collection.
    Affected public: Individuals or Households.
    Abstract: Under the RRA, to obtain a benefit as a spouse of an 
employee annuitant or as the widow(er) of the deceased employee, an 
applicant must submit information to be used to determine if the 
marriage requirements

[[Page 5859]]

for such benefits have been met. The collection contains information 
supporting claimed common-law marriage, termination of previous 
marriages, and residency requirements.
    Changes proposed: The RRB proposes no changes to the forms in the 
collection.
    The burden estimate for the ICR is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      Annual
                            Form No,                                 responses    Time (minutes)  Burden (hours)
----------------------------------------------------------------------------------------------------------------
G-124 (In person)...............................................             125              15              31
G-124 (By mail).................................................              75              20              25
G-124a..........................................................             300              10              50
G-237 (In person)...............................................              75              15              19
G-237 (By mail).................................................              75              20              25
G-238 (In person)...............................................             150               3               8
G-238 (By mail).................................................             150               5              13
G-238a..........................................................             150              10              25
                                                                 -----------------------------------------------
    Total.......................................................           1,100  ..............             196
----------------------------------------------------------------------------------------------------------------

    3. Title and Purpose of information collection: Evidence for 
Application of Overall Minimum; OMB 3220-0083.
    Under Section 3(f)(3) of the Railroad Retirement Act (RRA), the 
total monthly benefits payable to a railroad employee and his/her 
family are guaranteed to be no less than the amount which would be 
payable if the employee's railroad service had been covered by the 
Social Security Act. This is referred to as the Social Security Overall 
Minimum Guarantee, which is prescribed in 20 CFR 229. To administer 
this provision, the Railroad Retirement Board (RRB) requires 
information about a retired employee's spouse and child(ren) who would 
not be eligible for benefits under the RRA but would be eligible for 
benefits under the Social Security Act if the employee's railroad 
service had been covered by that Act. The RRB obtains the required 
information by the use of Forms G-319, Statement Regarding Family and 
Earnings for Special Guaranty Computation, and G-320, Student 
Questionnaire for Special Guaranty Computation. One response is 
required of each respondent. Completion is required to obtain or retain 
benefits.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (76 FR 65219 on October 20, 2011) required by 44 
U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Evidence for Application of Overall Minimum.
    OMB Control Number: 3220-0083.
    Forms submitted: G-319 and G-320.
    Type of request: Extension without change of a currently approved 
collection.
    Affected public: Individuals or Households.
    Abstract: Under Section 3(f)(3) of the Railroad Retirement Act, the 
total monthly benefits payable to a railroad employee and his/her 
family are guaranteed to be no less than the amount which would be 
payable if the employee's railroad service had been covered by the 
Social Security Act.
    Changes proposed: The RRB proposes no changes to the forms in the 
collection.
    The burden estimate for the ICR is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      Annual
                            Form No.                                 responses    Time (minutes)  Burden (hours)
----------------------------------------------------------------------------------------------------------------
G-319 (completed by the employee):
    With assistance.............................................               5              26               2
    Without assistance..........................................             330              55             302
G-319 (completed by spouse):
    With assistance.............................................               5              30               3
    Without assistance..........................................              15              60              15
G-320:
    (Age 18 at Special Guaranty Begin Date or Special Guaranty               150              15              37
     Age 18 Attainments)........................................
    (Student Monitoring done in Sept, March and at end of school              50              15              12
     year)......................................................
----------------------------------------------------------------------------------------------------------------

    4. Title and Purpose of information collection: Pension Plan 
Reports; OMB 3220-0089
    Under Section 2(b) of the Railroad Retirement Act (RRA), the 
Railroad Retirement Board (RRB) pays supplemental annuities to 
qualified RRB employee annuitants. A supplemental annuity, which is 
computed according to Section 3(e) of the RRA, can be paid at age 60 if 
the employee has at least 30 years of creditable railroad service or at 
age 65 if the employee has 25-29 years of railroad service. In addition 
to 25 years of service, a ``current connection'' with the railroad 
industry is required. Eligibility is further limited to employees who 
had at least one month of rail service before October 1981 and were 
awarded regular annuities after June 1966. Further, if an employee's 
65th birthday was prior to September 2, 1981, he or she must not have 
worked in rail service after certain closing dates (generally the last 
day of the month following the month in which age 65 is attained). 
Under Section 2(h)(2) of the RRA, the amount of the supplemental 
annuity is reduced if the employee receives monthly pension payments, 
or a lump-sum pension payment, including a distribution from a 401(k) 
savings plan, from a private pension from a railroad employer, to the 
extent the payments are based on contributions from that employer. The 
employee's own contribution to their pension account does not cause a 
reduction. A private railroad employer pension is defined in 20 CFR 
216.40-216.42.
    The RRB requires the following information from railroad employers 
to

[[Page 5860]]

calculate supplemental annuities: (a) The current status of railroad 
employer pension plans and whether such plans cause reductions to the 
supplemental annuity; (b) whether the employee receives monthly 
payments from a private railroad employer pension, elected to receive a 
lump-sum in lieu of month pension payments from such a plan, or 
received a lump-sum distribution from a 401(k) savings plan; (c) the 
date monthly pension payments began or a lump-sum payment was received; 
and (d) the amount of the payments attributable to the railroad 
employer's contributions. The requirement that railroad employers 
furnish pension information to the RRB is contained in 20 CFR 209.2.
    The RRB currently utilizes Forms G-88p, Employer's Supplemental 
Pension Report, G-88r, Request for Information About New or Revised 
Employer Pension Plan, and G-88r.1, Request for Additional Information 
about Employer Pension Plan in Case of Change of Employer Status or 
Termination of Pension Plan, to obtain the necessary information from 
railroad employers. One response is requested of each respondent. 
Completion is mandatory.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (76 FR 58848 on September 22, 2011) required by 
44 U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Pension Plan Reports.
    OMB Control Number: 3220-0089.
    Forms submitted: G-88p, G-88r, and G-88r.1.
    Type of request: Revision of a currently approved collection of 
information.
    Affected public: Businesses or other for-profits.
    Abstract: The Railroad Retirement Act provides for payment of a 
supplemental annuity to a qualified railroad retirement annuitant. The 
collection obtains information from the annuitant's employer to 
determine (a) the existence of railroad employer pension plans and 
whether such plans, if they exist, require a reduction to supplemental 
annuities paid to the employer's former employees and (b) the amount of 
supplemental annuities due railroad employees.
    Changes proposed: The RRB proposes Forms G-88p and G-88r be revised 
to include information related to the reporting of 401(k) savings plans 
and to remove items that are no longer relevant. Form G-88r.1 will no 
longer be utilized.
    The burden estimate for the ICR is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      Annual
                            Form No.                                 responses    Time (minutes)  Burden (hours)
----------------------------------------------------------------------------------------------------------------
G-88p...........................................................             750               8             100
G-88r...........................................................              10               8               1
                                                                 -----------------------------------------------
    Total.......................................................             760  ..............             101
----------------------------------------------------------------------------------------------------------------

    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 Charles Mierzwa, 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, Email address: [email protected].

Charles Mierzwa,
Clearance Officer.
[FR Doc. 2012-2610 Filed 2-3-12; 8:45 am]
BILLING CODE 7905-01-P