[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Notices]
[Pages 18189-18192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06253]


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RAILROAD RETIREMENT BOARD


Agency Forms Submitted for OMB Review, Request for Comments

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
chapter 35), the Railroad Retirement Board (RRB) is forwarding an 
Information Collection Request (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

[[Page 18190]]

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: Application to Act 
as Representative Payee; OMB 3220-0052.
    Under section 12 of the Railroad Retirement Act (45 U.S.C. 231k), 
the Railroad Retirement Board (RRB) may pay benefits to a 
representative payee when an employee, spouse or survivor annuitant is 
incompetent or is a minor. A representative payee may be a court-
appointed guardian, a statutory conservator or an individual selected 
by the RRB. The procedures pertaining to the appointment and 
responsibilities of a representative payee are prescribed in 20 CFR 
266. The forms furnished by the RRB to apply for representative payee 
status, and for securing the information needed to support the 
application follow. RRB Form AA-5, Application for Substitution of 
Payee, obtains information needed to determine the selection of a 
representative payee who will serve in the best interest of the 
beneficiary. RRB Form G-478, Statement Regarding Patient's Capability 
to Manage Benefits, obtains information about an annuitant's capability 
to manage their own benefits. The form is completed by the annuitant's 
personal physician or by a medical officer, if the annuitant is in an 
institution. It is not required when a court has appointed an 
individual or institution to manage the annuitant's funds or, in the 
absence of such appointment, when the annuitant is a minor. The RRB 
also provides representative payees with a booklet at the time of their 
appointment. The booklet, RRB Form RB-5, Your Duties as Representative 
Payee-Representative Payee's Record, advises representative payees of 
their responsibilities under 20 CFR 266.9 and provides a means for the 
representative payee to maintain records pertaining to the receipt and 
use of RRB benefits. The booklet is provided for the representative 
payee's convenience. The RRB also accepts records that are kept by 
representative payees as part of a common business practice. Completion 
is voluntary. One response is requested of each respondent.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (84 FR 4223 on January 24, 2023) required by 44 
U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Application to Act as Representative Payee.
    OMB Control Number: 3220-0052.
    Forms submitted: AA-5, G-478, and RB-5.
    Type of request: Revision of a currently approved collection.
    Affected public: Individuals or households; business or other for 
profit.
    Abstract: Under section 12 of the Railroad Retirement Act, the 
Railroad Retirement Board (RRB) may pay benefits to a representative 
payee when an employee, spouse or survivor annuitant is incompetent or 
is a minor. The collection obtains information related to the 
representative payee application, supporting documentation and the 
maintenance of records pertaining to the receipt and use of benefits.
    Changes proposed: The RRB proposes the following changes to Form 
AA-5:
    Page 1:
     Above Question 1: Inserted the words ``and signed'' in the 
second sentence.
     Questions 3 and 5: Added the following Note: ``Does not 
include Power of Attorney''.
     Question 7: Revised No options to include more clarifying 
information to make appropriate selection.
     Question 8: Revised second sentence to ``If the 
beneficiary lives alone or independently (no caregiver), show their 
address and telephone number.''
    Page 2:
     Question 11b: At the end of the sentence, changed to ``go 
to item 18''.
    Page 3:
     Question 16c: Added new question ``Will you charge a fee 
for your services?'' along with Yes and No optional responses.
    Page 4:
     Question 17: Removed ``Remarks'' and replaced with new 
question 17 a-d and optional Yes and No responses.
     Question 18: Renumbered ``Remarks'' from 17 to 18.
     Instructions for Obtaining Form G478 section: Revised last 
sentence to read ``Return Form AA-5, and when required, Form G-478 
to:''
    Page 5:
     Certification Section Questions 18 and 19: Renumbered from 
18 to 19 and 19 to 20 respectively and in question 19, renumbered 
reference ``Item 18'' to ``Item 19''.
    Page 6:
     This Space Is For RRB Use Only section: Revised to remove 
all information for internal use only except for the last bullet ``I 
select the applicant as a representative payee for the beneficiary.''
    Page 7:
     Receipt For Your Claim section: Changed Field Office hours 
of operation, corrected grammar syntax for the Legal Status bullet, 
added a bullet for reporting changes to bank account information, and 
replaced Office of Programs--Operations with ATTN: Field Service--9th 
Floor.
    Page 8:
     Important Notices section 4 (1): Removed the dash to 
connect the word ``offices.''
    The RRB proposes the following changes to Form G-478:

     Section below Form Title: Defined the address block 
entries for the Physician/Medical Officer entries.
     Patient Name and Address Header above Question 1: Added 
``Please Print'' at the end of the header.
     Question 9: Added ``--Must Be Completed'' at the end of 
Certification.

    The RRB proposes the following changes to Form RB-5:

     Pages 1 and 8: Changed the field office hours.

    The burden estimate for the ICR is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      Annual
                            Form No.                                 responses    Time (minutes)  Burden (hours)
----------------------------------------------------------------------------------------------------------------
AA-5............................................................           3,000              18           900.0
Individuals.....................................................           2,250                           675.0
Institutions....................................................             750                           225.0
G-478...........................................................           2,000               6           200.0
RB-5............................................................          15,300              60          15,300
Individuals.....................................................          11,475                          11,475
Institutions....................................................           3,825                           3,825
                                                                 -----------------------------------------------

[[Page 18191]]

 
    Total.......................................................          20,300  ..............          16,350
----------------------------------------------------------------------------------------------------------------

    2. 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) 
(45 U.S.C. 231) 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.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (85 FR 4224 on January 24, 2023) required by 44 
U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Public Service Pension Questionnaires.
    OMB Control Number: 3220-0136.
    Forms submitted: G-208 and G-212.
    Type of request: Extension without change of a currently approved 
collection.
    Affected public: Individuals or Households.
    Abstract: A spouse or survivor annuity under the Railroad 
Retirement Act may be subjected to a reduction for a public service 
pension. The questionnaires obtain information needed to determine if 
the reduction applies and the amount of such reduction.
    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-208...........................................................              70              16              19
G-212...........................................................           1,100              15             275
                                                                 -----------------------------------------------
    Total.......................................................           1,170  ..............             294
----------------------------------------------------------------------------------------------------------------

    3. Title and purpose of information collection: Supplement to Claim 
of Person Outside the United States; OMB 3220-0155.
    Under the Social Security Amendments of 1983 (Pub. L. 98-21), which 
amends Section 202(t) of the Social Security Act, effective January 1, 
1985, the Tier I or the overall minimum (O/M) portion of an annuity, 
and Medicare benefits payable under the Railroad Retirement Act to 
certain beneficiaries living outside the U.S., may be withheld. The 
benefit withholding provision of Public Law 98-21 applies to divorced 
spouses, spouses, minor or disabled children, students, and survivors 
of railroad employees who (1) initially became eligible for Tier I 
amounts, O/M shares, and Medicare benefits after December 31, 1984; (2) 
are not U.S. citizens or U.S. nationals; and (3) have resided outside 
the U.S. for more than six consecutive months starting with the annuity 
beginning date. The benefit withholding provision does not apply, 
however to a beneficiary who is exempt under either a treaty obligation 
of the U.S., in effect on August 1, 1956, or a totalization agreement 
between the U.S. and the country in which the beneficiary resides, or 
to an individual who is exempt under other criteria specified in Public 
Law 98-21.
    RRB Form G-45, Supplement to Claim of Person Outside the United 
States, is currently used by the RRB to determine applicability of the 
withholding provision of Public Law 98-21. Completion of the form is 
required to obtain or retain a benefit. One response is requested of 
each respondent.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (84 FR 4224 on January 24, 2023) required by 44 
U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Supplement to Claim of Person Outside the United States.
    OMB Control Number: 3220-0155.
    Form(s) submitted: G-45.
    Type of request: Extension without change of a currently approved 
collection.
    Affected public: Individuals or Households.
    Abstract: Under Public Law 98-21, the Tier I or the overall minimum 
portion of an annuity and Medicare benefits payable under the Railroad 
Retirement Act to certain beneficiaries living outside the United 
States may be withheld. The collection obtains the information needed 
by the Railroad Retirement Board to implement the benefit withholding 
provisions of Public Law 98-21.
    Changes proposed: The RRB proposes no changes to Form G-45.
    The burden estimate for the ICR is as follows:

[[Page 18192]]



----------------------------------------------------------------------------------------------------------------
                                                                    Annual
                           Form No.                               responses      Time (minutes)   Burden (hours)
----------------------------------------------------------------------------------------------------------------
G-45.........................................................              50               10                8
----------------------------------------------------------------------------------------------------------------

    4. Title and purpose of information collection: Repayment of Debt; 
OMB 3220-0169.
    When the Railroad Retirement Board (RRB) determines that an 
overpayment of Railroad Retirement Act or Railroad Unemployment 
Insurance Act benefits has occurred, it initiates prompt action to 
notify the annuitant of the overpayment and to recover the money owed 
the RRB. To effect payment of a debt by credit card, the RRB utilizes 
Form G-421F, Repayment by Credit Card. The RRB's procedures pertaining 
to benefit overpayment determinations and the recovery of such benefits 
are prescribed in 20 CFR 255 and 340. One form is completed by each 
respondent. Completion is voluntary.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (84 FR 4225 on January 24, 2023) required by 44 
U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Repayment of Debt.
    OMB Control Number: 3220-0169.
    Form(s) submitted: G-421F.
    Type of request: Extension without change of a currently approved 
collection.
    Affected public: Individuals or Households.
    Abstract: When the RRB determines that an overpayment of benefits 
under the Railroad Retirement Act or Railroad Unemployment Insurance 
Act has occurred, it initiates action to notify the claimant of the 
overpayment and to recover the amount owed. The collection obtains 
information needed to allow for repayment by the claimant by credit 
card, in addition to the customary form of payment by check or money 
order.
    Changes proposed: The RRB proposes no changes to Form G-421F.
    The burden estimate for the ICR is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      Annual
                            Form No.                                 responses    Time (minutes)  Burden (hours)
----------------------------------------------------------------------------------------------------------------
Form G-421F (RRA) activity......................................             360               5              30
Form G-421F (RUIA) activity.....................................             175               5              15
                                                                 -----------------------------------------------
    Total.......................................................             535  ..............              45
----------------------------------------------------------------------------------------------------------------

    Additional Information or Comments: Copies of the forms and 
supporting documents can be obtained from Kennisha Tucker at (312) 469-
2591 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 [email protected] and to the OMB 
Desk Officer for the RRB, Fax: 202-395-6974, Email address: 
[email protected].

Brian Foster,
Clearance Officer.
 [FR Doc. 2023-06253 Filed 3-24-23; 8:45 am]
 BILLING CODE 7905-01-P