[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3778-3781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01347]


=======================================================================
-----------------------------------------------------------------------

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: Railroad Service 
and Compensation Reports/System Access Application; OMB 3220-0008.
    Under Section 9 of the Railroad Retirement Act (RRA) and Section 6 
of the Railroad Unemployment Insurance Act (RUIA), the Railroad 
Retirement Board (RRB) maintains for each railroad employee, a record 
of compensation paid to that employee by all railroad employers for 
whom the employee worked after 1936. This record, which is used by the 
RRB to determine eligibility for, and amount of, benefits due under the 
laws it administers, is conclusive as to the amount of compensation 
paid to an employee during such period(s) covered by the report(s) of 
the compensation by the employee's railroad employer(s), except in 
cases when an employee files a protest pertaining to his or her 
reported compensation within the statute of limitations cited in 
Section 9 of the RRA and Section 6 of the RUIA.
    To enable the RRB to establish and maintain the record of 
compensation, employers are required to file with the RRB, reports of 
their employees' compensation, in such manner and form and at such 
times as the RRB prescribes. Railroad employers' reports and 
responsibilities are prescribed in 20 CFR 209. The RRB currently 
utilizes Form BA-3, Annual Report of Creditable Compensation, and Form 
BA-4, Report of Creditable Compensation Adjustments, to secure the 
required information from railroad employers. Form BA-3 provides the 
RRB with information regarding annual creditable service and 
compensation for each individual who worked for a railroad employer 
covered by the RRA and RUIA in a given year. Form BA-4 provides for the 
adjustment of any previously submitted reports and also the opportunity 
to provide any service and compensation that had been previously 
omitted. Requirements specific to Forms BA-3 and BA-4 are prescribed in 
20 CFR 209.8 and 209.9.
    Employers currently have the option of submitting BA-3 and BA-4 
reports electronically by CD-ROM, secure Email, File Transfer Protocol 
(FTP), or online via the RRB's Employer Reporting System (ERS).
    The information collection also includes RRB Form BA-12, 
Application for Employer Reporting internet Access, and Form G-440, 
Report Specifications Sheet. Form BA-12 is completed by railroad 
employers to obtain system access to ERS. Once access is obtained, 
authorized employees may submit reporting forms online to the RRB. The 
form determines what degree of access (view/only, data entry/
modification or approval/submission) is appropriate for that employee. 
It is also used to terminate an employee's access to ERS. Form G-440, 
Report Specifications Sheet, serves as a certification document for 
Forms BA-3 and BA-4 as well as other RRB employer reporting forms (Form 
BA-6a, BA-6 Address Report (OMB 3220-0005), Form BA-9, Report of 
Separation Allowance or Severance Pay (OMB 3220-0173) and Form BA-11, 
Report of Gross Earnings (OMB 3220-0132)). It records the type of 
medium the report was submitted on, and serves as a summary 
recapitulation sheet for reports filed on paper. The RRB proposes minor 
non-burden impacting changes to Form BA-12 and G-440.

                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                   Reporting                       Responses           Time (minutes) \1\         Burden (hours)
----------------------------------------------------------------------------------------------------------------
BA-3:
    Electronic Media \2\......................              96  46.25 (2,775 min)...............           4,440
    BA-3 (Internet)...........................             617  46.25 (2,775 min)...............          28,536
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr                -------------------------------------------------
        Total BA-3............................             713  ................................          32,976
BA-4:
    Paper.....................................              40  1.25 (75 min)...................              50
    Electronic Media \2\......................             345  1.00 (60 min)...................             345
    BA-4 (Internet)...........................           3,912  .33 (20 min)....................           1,304
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr                -------------------------------------------------
        Total BA-4............................           4,297  ................................           1,699
BA-12:
    Initial Access............................             295  .33 (20 min)....................              98
    Access Termination........................              38  .166 (10 min)...................               7
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr                -------------------------------------------------
        Total BA-12...........................             333  ................................             105
G-440 (certification):
    Form BA-3 (zero employees)................              19  .25 (15 min)....................               5
    Form BA-11 (zero employees)...............              60  .25 (15 min)....................              15

[[Page 3779]]

 
    Paper forms (without recap)...............               7  .25 (15 min)....................               1
    Electronic transactions...................              94  .50 (30 min)....................              47
    BA-3 and BA-4 (with recap)................             125  1.25 (75 min)...................             156
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr                -------------------------------------------------
        Total G-440...........................             305  ................................             224
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr                -------------------------------------------------
            Grand Total.......................           5,648  ................................          35,074
----------------------------------------------------------------------------------------------------------------

    2. Title and purpose of information collection: Application for 
Benefits Due But Unpaid at Death; OMB 3220-0055.
    Under Section 2(g) of the Railroad Unemployment Insurance Act, 
benefits that accrued but were not paid because of the death of the 
employee shall be paid to the same individual(s) to whom benefits are 
payable under Section 6(a)(1) of the Railroad Retirement Act. The 
provisions relating to the payment of such benefits are prescribed in 
20 CFR 325.5 and 20 CFR 335.5.
    The RRB provides Form UI-63, Application for Benefits Due But 
Unpaid at Death, to those applying for the accrued sickness or 
unemployment benefits unpaid at the death of the employee and for 
obtaining the information needed to identify the proper payee. One 
response is requested of each respondent. Completion is required to 
obtain a benefit. The RRB proposes no changes to Form UI-63.

                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                    Annual
                           Form No.                               responses     Time  (minutes)  Burden  (hours)
----------------------------------------------------------------------------------------------------------------
UI-63........................................................              15                7                2
----------------------------------------------------------------------------------------------------------------

    3. Title and purpose of information collection: Medicare; OMB 3220-
0082.
    Under Section 7(d) of the Railroad Retirement Act (RRA), the 
Railroad Retirement Board (RRB) administers the Medicare program for 
persons covered by the railroad retirement system. The RRB uses Form 
AA-6, Employee Application for Medicare; Form AA-7, Spouse/Divorced 
Spouse Application for Medicare; and Form AA-8, Widow/Widower 
Application for Medicare; to obtain the information needed to determine 
whether individuals who have not yet filed for benefits under the RRA 
are qualified for Medicare payments provided under Title XVIII of the 
Social Security Act.
    Further, in order to determine if a qualified railroad retirement 
beneficiary who is claiming supplementary medical insurance coverage 
under Medicare is entitled to a Special Enrollment Period (SEP) and/or 
premium surcharge relief because of coverage under an Employer Group 
Health Plan (EGHP), the RRB needs to obtain information regarding the 
claimant's EGHP coverage, if any. The RRB uses Form RL-311-F, Evidence 
of Coverage Under an Employer Group Health Plan, to obtain the basic 
information needed to establish EGHP coverage for a qualified railroad 
retirement beneficiary.
    Completion of the forms is required to obtain a benefit. One 
response is requested of each respondent. The RRB proposes no changes 
to the forms in the collection.

                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                      Annual           Time           Burden
                            Form No.                                 responses       (minutes)        (hours)
----------------------------------------------------------------------------------------------------------------
AA-6............................................................             180               8              24
AA-7............................................................              50               8               7
AA-8............................................................              10               8               1
RL-311-F........................................................           2,000              10             333
                                                                 -----------------------------------------------
    Total.......................................................           2,240  ..............             365
----------------------------------------------------------------------------------------------------------------

    4. 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. The RRB proposes no changes to Forms G-319 and G-320.

[[Page 3780]]



                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                      Annual           Time           Burden
                            Form No.                                 responses       (minutes)        (hours)
----------------------------------------------------------------------------------------------------------------
G-319 (completed by the employee):
    With assistance.............................................               5              26               2
    Without assistance..........................................             230              55             211
G-319 (completed by spouse):
    With assistance.............................................               5              30               2
    Without assistance..........................................              10              60              10
G-320:
    (Age 18 at Special Guaranty Begin Date or Special Guaranty                30              15               7
     Age 18 Attainments)........................................
G-320:
    (Student Monitoring done in Sept., March and at end of                    10              15               2
     school year)...............................................
                                                                 -----------------------------------------------
        Total...................................................             290  ..............             234
----------------------------------------------------------------------------------------------------------------

    5. Title and purpose of information collection: Request to Non-
Railroad Employer for Information About Annuitant's Work and Earnings; 
OMB 3220-0107.
    Under Section 2 of the Railroad Retirement Act (RRA), a railroad 
employee's retirement annuity or an annuity paid to the spouse of a 
railroad employee is subject to work deductions in the Tier II 
component of the annuity and any employee supplemental annuity for any 
month in which the annuitant works for a Last Pre-Retirement Non-
Railroad Employer (LPE). The LPE is defined as the last person, 
company, or institution, other than a railroad employer, that employed 
an employee or spouse annuitant. In addition, the employee, spouse, or 
divorced spouse Tier I annuity benefit is subject to work deductions 
under Section 2(f)(1) of the RRA for earnings from any non-railroad 
employer that are over the annual exempt amount. The regulations 
pertaining to non-payment of annuities by reason of work and LPE are 
contained in 20 CFR 230.1 and 230.2.
    The RRB utilizes Form RL-231-F, Request to Non-Railroad Employer 
for Information About Annuitant's Work and Earnings, to obtain the 
information needed to determine if a work deduction should be applied 
because an annuitant worked in non-railroad employment after the 
annuity beginning date. One response is requested of each respondent. 
Completion is voluntary. The RRB proposes no changes to Form RL-231-F.

                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                    Annual
                           Form No.                               responses     Time  (minutes)  Burden  (hours)
----------------------------------------------------------------------------------------------------------------
RL-231-F.....................................................             300               30              150
----------------------------------------------------------------------------------------------------------------

    6. Title and purpose of information collection: Gross Earnings 
Report; OMB 3220-0132. In order to carry out the financial interchange 
provisions of section 7(c)(2) of the Railroad Retirement Act (RRA), the 
RRB obtains annually from railroad employers the gross earnings for 
their employees on a one-percent basis, i.e., 1% of each employer's 
railroad employees. The gross earnings sample is based on the earnings 
of employees whose social security numbers end with the digits ``30.'' 
The gross earnings are used to compute payroll taxes under the 
financial interchange.
    The gross earnings information is essential in determining the tax 
amounts involved in the financial interchange with the Social Security 
Administration and Centers for Medicare & Medicaid Services. Besides 
being necessary for current financial interchange calculations, the 
gross earnings file tabulations are also an integral part of the data 
needed to estimate future tax income and corresponding financial 
interchange amounts. These estimates are made for internal use and to 
satisfy requests from other government agencies and interested groups. 
In addition, cash flow projections of the social security equivalent 
benefit account, railroad retirement account and cost estimates made 
for proposed amendments to laws administered by the RRB are dependent 
on input developed from the information collection.
    The RRB utilizes Form BA-11 to obtain gross earnings information 
from railroad employers. Employers have the option of preparing and 
submitting BA-11 reports online via the RRB's Employer Reporting System 
or on paper (or in like format) on magnetic tape cartridges, by File 
Transfer Protocol (FTP), or secure Email. The online BA-11 includes the 
option to file a ``negative report'' (no employees, or no employees 
with the digits ``30''). Completion is mandatory. One response is 
requested of each respondent. The RRB proposes no changes to Form BA-
11.

                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                  Annual                                              Burden
                  Form No.                       responses              Time  (minutes)               (hours)
----------------------------------------------------------------------------------------------------------------
BA-11 File Transfer Protocol................               7  300 (5 hours).....................              35
BA-11 CD-ROM................................               5  30................................               2
BA-11 secure Email..........................               5  30................................               2
BA-11 (Internet)--Positive..................             137  30................................              68

[[Page 3781]]

 
BA-11 (Internet)--Negative..................             329  15................................              82
                                             -------------------------------------------------------------------
    Total...................................             483  ..................................             189
----------------------------------------------------------------------------------------------------------------

    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. 2018-01347 Filed 1-25-18; 8:45 am]
 BILLING CODE 7905-01-P