[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74999-75003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20854]


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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

[[Page 75000]]

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: Claimant Appeal 
Under the Railroad Retirement Act or Railroad Unemployment Insurance 
Act; OMB 3220-0007.
    Under Section 7(b) of the Railroad Retirement Act (RRA) (45 U.S.C. 
231f), and Section 5(c) of the Railroad Unemployment Insurance Act 
(RUIA) (45 U.S.C. 355) any person aggrieved by a decision made by an 
office of the RRB on his or her application for an annuity or benefit 
under those Acts 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 provided at the time of filing the original 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 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.
    To file a request for an appeal the applicant must complete 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. The RRB proposes a minor change to 
Form HA-1 to reference page 2 of the form.

                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                    Annual
                           Form No.                               responses      Time (minutes)   Burden (hours)
----------------------------------------------------------------------------------------------------------------
HA-1.........................................................             300               20              100
----------------------------------------------------------------------------------------------------------------

    2. Title and purpose of information collection: Evidence for 
Application of Overall Minimum; OMB 3220-0083.
    Under Section 3(f)(2) of the Railroad Retirement Act (RRA) (45 
U.S.C. 231b), 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 minor changes to Form G-319:
     In Section 1, updated the year in example date format.
     In Section 2, changed first sentence to ``Check the 
information entered by the Railroad Retirement Board (RRB) for 
accuracy.''
     In Receipt For Your Statement section (page 11), updated 
the office hours.
    The RRB proposes no changes to Form G-320.

                              Estimate of Annual Respondent Burden--Current Burden
----------------------------------------------------------------------------------------------------------------
                                                                      Annual
                            Form No.                                 responses    Time (minutes)  Burden (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 school              10              15               2
     year)......................................................
                                                                 -----------------------------------------------
        Total...................................................             290  ..............             234
----------------------------------------------------------------------------------------------------------------

    3. 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) (45 U.S.C. 
231a), 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) (45 U.S.C. 231a) of the RRA for earnings from any 
non-railroad

[[Page 75001]]

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
----------------------------------------------------------------------------------------------------------------

    4. Title and purpose of information collection: Student Beneficiary 
Monitoring; OMB 3220-0123.
    Under provisions of the Railroad Retirement Act (RRA), there are 
two types of benefit payments that are based on the status of a child 
being in full-time elementary or secondary school attendance at age 18-
19: (1) A survivor child's annuity benefit under Section 2(d)(1)(iii) 
(45 U.S.C. 231a) and (2) an increase in the employee retirement annuity 
under the Special Guaranty computation as prescribed in Section 3(f)(2) 
(45 U.S.C. 231b) and 20 CFR 229.
    The survivor student annuity is usually paid by direct deposit to a 
financial institution either into the student's checking or savings 
account or into a joint bank account with a parent. The requirements 
for eligibility as a student are prescribed in 20 CFR 216.74 and 
include students in independent study and home schooling.
    To help determine if a child is entitled to student benefits, the 
RRB requires evidence of full-time school attendance. This evidence is 
acquired through the RRB's student monitoring program, which utilizes 
the following forms. Form G-315, Student Questionnaire, obtains 
certification of a student's full-time school attendance as well as 
information on the student's marital status, social security benefits, 
and employment, which are needed to determine entitlement or continued 
entitlement to benefits under the RRA. Form G-315A, Statement of School 
Official, is used to obtain, from a school, verification of a student's 
full-time attendance when the student fails to return a monitoring Form 
G-315. Form G-315A.1, School Official's Notice of Cessation of Full-
Time School Attendance, is used by a school to notify the RRB that a 
student has ceased full-time school attendance. The RRB proposes no 
changes to Forms G-315, G-315A, or G-315A.1.

                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                      Annual
                            Form No.                                 responses    Time (minutes)  Burden (hours)
----------------------------------------------------------------------------------------------------------------
G-315...........................................................             860              15             215
G-315A..........................................................              20               3               1
G-315A.1........................................................              20               2               1
                                                                 -----------------------------------------------
    Total.......................................................             900  ..............             217
----------------------------------------------------------------------------------------------------------------

    5. 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) (45 U.S.C. 231f), 
the RRB obtains annually from railroad employer's 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) 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.

[[Page 75002]]



                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                      Annual
                            Form No.                                 responses    Time (minutes)  Burden (hours)
----------------------------------------------------------------------------------------------------------------
BA-11 CD-ROM....................................................               0              30               0
BA-11 File Transfer Protocol....................................              20             300             100
BA-11 Secure Email..............................................               1              30               1
BA-11 (Internet)--Positive......................................             150              30              75
BA-11 (Internet)--Negative......................................             318              15              80
                                                                 -----------------------------------------------
    Total.......................................................             489  ..............             256
----------------------------------------------------------------------------------------------------------------

    6. Title and purpose of information collection: Railroad Separation 
Allowance or Severance Pay Report; OMB 3220-0173.
    Section 6 of the Railroad Retirement Act (45 U.S.C. 231e) provides 
for a lump-sum payment to an employee or the employee's survivors equal 
to the Tier II taxes paid by the employee on a separation allowance or 
severance payment for which the employee did not receive credits toward 
retirement. The lump-sum is not payable until retirement benefits begin 
to accrue or the employee dies. Also, Section 4 (a-1) (iii) (45 U.S.C. 
231c) of the Railroad Unemployment Insurance Act provides that a 
railroad employee who is paid a separation allowance is disqualified 
for unemployment and sickness benefits for the period of time the 
employee would have to work to earn the amount of the allowance. The 
reporting requirements are specified in 20 CFR 209.14.
    In order to calculate and provide payments, the Railroad Retirement 
Board (RRB) must collect and maintain records of separation allowances 
and severance payments which were subject to Tier II taxation from 
railroad employers. The RRB uses Form BA-9, Report of Separation 
Allowance or Severance Pay, to obtain information from railroad 
employers concerning the separation allowances and severance payments 
made to railroad employees and/or the survivors of railroad employees. 
Employers currently have the option of submitting their reports on 
paper Form BA-9, (or in like format) on a CD-ROM, or by File Transfer 
Protocol (FTP), or Secure Email. Completion is mandatory. One response 
is requested of each respondent. The RRB proposes no changes to the 
manual, CD-ROM, secure email, or FTP Version of Form BA-9. The RRB 
proposes no changes from BA-9 (Internet).

                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                      Annual
                            Form No.                                 responses    Time (minutes)  Burden (hours)
----------------------------------------------------------------------------------------------------------------
BA-9 (Paper)....................................................             100              76             127
BA-9 (Internet).................................................             215              15              54
BA-9 (CD-ROM)...................................................              10              76              13
BA-9 (Secure Email).............................................              25              76              32
BA-9 (FTP)......................................................              10              76              13
                                                                 -----------------------------------------------
    Total.......................................................             360  ..............             239
----------------------------------------------------------------------------------------------------------------

    7. Title and purpose of information collection: Annual Earnings 
Questionnaire for Annuitants in Last Pre-Retirement Non-Railroad 
Employment; OMB 3220-0179.
    Under Section 2(e)(3) of the Railroad Retirement Act (RRA) (45 
U.S.C. 231a), an annuity is not payable for any month in which a 
beneficiary works for a railroad. In addition, an annuity is reduced 
for any month in which the beneficiary works for an employer other than 
a railroad employer and earns more than a prescribed amount. Under the 
1988 amendments to the RRA, the Tier II portion of the regular annuity 
and any supplemental annuity must be reduced by one dollar for each two 
dollars of Last Pre-Retirement Non-Railroad Employment (LPE) earnings 
for each month of such service. However, the reduction cannot exceed 50 
percent of the Tier II and supplemental annuity amount for the month to 
which such deductions apply. The LPE generally refers to an annuitant's 
last employment with a non-railroad person, company, or institution 
prior to retirement, which was performed at the same time as railroad 
employment or after the annuitant stopped railroad employment. The 
collection obtains earnings information needed by the RRB to determine 
if possible reductions in annuities are in order due to LPE.
    The RRB utilizes Form G-19L, Annual Earnings Questionnaire, to 
obtain LPE earnings information from annuitants. One response is 
requested of each respondent. Completion is required to retain a 
benefit. The RRB proposes minor changes to update the office hours on 
Form G-19L.

                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                    Annual
                           Form No.                               responses      Time (minutes)   Burden (hours)
----------------------------------------------------------------------------------------------------------------
G-19L........................................................             300               15               75
----------------------------------------------------------------------------------------------------------------


[[Page 75003]]

    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 D. Foster,
Clearance Officer.
[FR Doc. 2024-20854 Filed 9-12-24; 8:45 am]
BILLING CODE 7905-01-P