[Federal Register Volume 89, Number 9 (Friday, January 12, 2024)]
[Notices]
[Pages 2259-2262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00514]


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RAILROAD RETIREMENT BOARD


Proposed Collection; Comment Request

    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) (45 U.S.C. 231), 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

[[Page 2260]]

each respondent. The RRB proposes no changes to Form UI-9, UI-44, ID-
4U, ID-4X, and UI-48.

The RRB Proposes the Following Changes to Form ID-5i

     add a 30-day time sensitive response on page 1,
     page 2 modification to earnings sentence to include ``if 
still employed, include earnings up to the current employment date.'',
     remove auto update of RRB letterhead address, phone number 
and email address,
     update RRB address to headquarters address,
     update RRB phone number to Unemployment and Programs 
Support Division,
     update RRB fax number to Unemployment and Programs Support 
Division,
     update RRB email address to Unemployment and Programs 
Support Division, and
     update RRB office hours.

The RRB Proposes the Following Changes to ID-5R (SUP)

     change PRA/PA notice to update the officer title and
     update RRB zip code.

                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                   Form No.                             Annual responses          Time (minutes)  Burden (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.........................................  1,000 (Private sector)..........              15             250
                                                50 (state/local/etc.)...........                              12
ID-5R (SUP)...................................  400.............................              10              67
                                               -----------------------------------------------------------------
    Total.....................................  1,603...........................  ..............             349
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    2. Title and purpose of information collection: Pension Plan 
Reports; OMB 3220-0089.
    Under section 2(b) of the Railroad Retirement Act (RRA) (45 U.S.C. 
231a), 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 1 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 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 216.42.
    The RRB requires the following information from railroad employers 
to 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 monthly pension payments from such a plan, or was 
required to receive a lump sum from such a plan due to the plan's small 
benefit provision; and (c) 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 Form G-88p and G-88p (internet), 
Employer's Supplemental Pension Report, and Form G-88r, Request for 
Information About New or Revised Employer Pension Plan, to obtain the 
necessary information from railroad employers. One response is 
requested of each respondent. Completion is mandatory. The RRB proposes 
no changes to G-88P and G-88P (internet), and G-88R.

                                      Estimate of Annual Respondent Burden
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                                                                      Annual
                            Form No.                                 responses    Time (minutes)  Burden (hours)
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G-88p...........................................................             100               8              13
G-88p (Internet)................................................             200               6              20
G-88R...........................................................              10               8               1
                                                                 -----------------------------------------------
    Total.......................................................             310  ..............              34
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    3. Title and purpose of information collection: Job Information 
Report, OMB 3220-0193.
    The Railroad Retirement Board (RRB) occupational disability 
standards allow the RRB to request job information from railroad 
employers to determine an applicant's eligibility for an occupational 
disability.
    To determine an occupational disability, the RRB must obtain the

[[Page 2261]]

employee's work history and establish if the employee is precluded from 
performing his or her regular railroad occupation. This is accomplished 
by comparing the restrictions caused by the impairment(s) against the 
employee's ability to perform his or her job duties.
    To collect the information needed to determine the effect of a 
disability on an employee applicant's ability to work, the RRB utilizes 
Form G-251, Vocational Report (OMB 3220-0141) which is completed by the 
applicant.
    Form G-251A, Railroad Job Information, requests railroad employers 
to provide information regarding whether the employee has been 
medically disqualified from their railroad occupation; a summary of the 
employee's duties; the machinery, tools and equipment used by the 
employee; the environmental conditions under which the employee 
performs their duties; all sensory requirements (vision, hearing, 
speech) needed to perform the employee's duties; the physical actions 
and amount of time (frequency) allotted for those actions that may be 
required by the employee to perform their duties during a typical work 
day; any permanent working accommodations an employer may have made due 
to the employee's disability; as well as any other relevant information 
they may choose to include. Completion is voluntary. The RRB proposes 
no changes to Form G-251A.

                                      Estimate of Annual Respondent Burden
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                                                                    Annual
                           Form No.                               responses      Time (minutes)   Burden (hours)
----------------------------------------------------------------------------------------------------------------
G-251A.......................................................             436               60              436
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    4. 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) (45 U.S.C. 231) 
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
                            Form No.                                 responses    Time (minutes)  Burden (hours)
----------------------------------------------------------------------------------------------------------------
G-252...........................................................              15              20               5
                                                                 -----------------------------------------------
    Total.......................................................              15  ..............               5
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[[Page 2262]]

    Additional Information or Comments: To request more information or 
to obtain a copy of the information collection justification, forms, 
and/or supporting material, contact Kennisha Money 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 emailed to 
[email protected]. Written comments should be received within 60 
days of this notice.

Brian Foster,
Clearance Officer.
[FR Doc. 2024-00514 Filed 1-11-24; 8:45 am]
BILLING CODE 7905-01-P