[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Notices]
[Pages 9249-9250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02272]


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RAILROAD RETIREMENT BOARD


Proposed Collection; Comment Request

    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.
    1. Title and purpose of information collection: RUIA Investigations 
and Continuing Entitlement; OMB 3220-0025.
    Under Section 1(k) of the Railroad Unemployment Insurance Act 
(RUIA), unemployment and sickness benefits are not payable for any day 
remuneration is payable or accrues to the claimant. Also Section 4(a-1) 
of the RUIA provides that unemployment or sickness benefits are not 
payable for any day the claimant receives the same benefits under any 
law other than the RUIA. Under Railroad Retirement Board (RRB) 
regulation 20 CFR 322.4(a), a claimant's certification or statement on 
an RRB-provided claim form, that he or she did not work on any day 
claimed and did not receive income such as vacation pay or pay for time 
lost, shall constitute sufficient evidence unless there is conflicting 
evidence. Further, under 20 CFR 322.4(b), when there is a question 
raised as to whether or not remuneration is payable or has accrued to a 
claimant with respect to a claimed day(s), an investigation shall be 
made with a view to obtaining information sufficient for a finding. The 
RRB utilizes the following three forms to obtain information from 
railroad employers, nonrailroad employers, and claimants, that is 
needed to determine whether a claimed day(s) of unemployment or 
sickness were improperly or fraudulently claimed: Form ID-5i, Request 
for Employment Information; Form ID-5R (SUP), Report of Employees Paid 
RUIA Benefits for Every Day in Month Reported as Month of Creditable 
Service; and Form UI-48, Statement Regarding Benefits Claimed for Days 
Worked. Completion is voluntary. One response is requested of each 
respondent.
    To qualify for unemployment or sickness benefits payable under 
Section 2 of the Railroad Unemployment Insurance Act (RUIA), a railroad 
employee must have certain qualifying earnings in the applicable base 
year. In addition, to qualify for extended or accelerated benefits 
under Section 2 of the RUIA, a railroad employee who has exhausted his 
or her rights to normal benefits must have at least 10 years of 
railroad service (under certain conditions, military service may be 
credited as months of railroad service). Accelerated benefits are 
unemployment or sickness benefits that are payable to a railroad 
employee before the regular July 1 beginning date of a benefit year if 
an employee has 10 or more years of service and is not qualified for 
benefits in the current benefit year.
    During the RUIA claims review process, the RRB may determine that 
unemployment or sickness benefits cannot be awarded because RRB records 
show insufficient qualifying service and/or compensation. When this 
occurs, the RRB allows the claimant the opportunity to provide 
additional information if they believe that the RRB service and 
compensation records are incorrect.
    Depending on the circumstances, the RRB provides the following 
forms to obtain information needed to determine if a claimant has 
sufficient service or compensation to qualify for unemployment or 
sickness benefits. Form UI-9, Statement of Employment and Wages; Form 
UI-44, Claim for Credit for Military Service; Form ID-4U, Advising of 
Service/Earnings Requirements for Unemployment Benefits; and Form ID-
4X, Advising of Service/Earnings Requirements for Sickness Benefits. 
Completion of these forms is required to obtain or retain a benefit. 
One response is required of each respondent. The RRB proposes no change 
to the forms in this collection.

                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                      Annual           Time           Burden
                            Form No.                                 responses       (minutes)        (hours)
----------------------------------------------------------------------------------------------------------------
UI-9............................................................              69              10              11
UI-44...........................................................              10               5               1
UI-48...........................................................              14              12               3
ID-4U...........................................................              35               5               3
ID-4X...........................................................              25               5               2
ID-5i...........................................................           1,050              15             262
ID-5R (SUP).....................................................             400              10              67
                                                                 -----------------------------------------------
    Total.......................................................           1,603  ..............             349
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[[Page 9250]]

    2. Title and purpose of information collection: Self-Employment/
Corporate Officer Work and Earnings Monitoring; OMB 3220-0202.
    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 216.22(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 for 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 utilizes Form G-
252, Self-Employment/Corporate Officer Work and Earnings Monitoring. 
Form G-252 obtains information from a disability annuitant who either 
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 is used to determine entitlement and/or continued 
entitlement to, and the amount of, the disability annuity, as 
prescribed in 20 CFR 220.176. Completion is required to retain 
benefits. One response is required of each respondent. The RRB proposes 
no changes to Form G-252.

                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                      Annual           Time           Burden
                            Form No.                                 responses       (minutes)        (hours)
----------------------------------------------------------------------------------------------------------------
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, contact Dana Hickman at (312) 751-4981 or 
[email protected]. Comments regarding the information collection 
should be addressed to Brian Foster, Railroad Retirement Board, 844 
North Rush Street, Chicago, Illinois 60611-1275 or emailed to 
[email protected]. Written comments should be received within 60 
days of this notice.

Brian D. Foster,
Clearance Officer.
[FR Doc. 2017-02272 Filed 2-2-17; 8:45 am]
 BILLING CODE 7905-01-P