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[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Notices]
[Pages 91439-91443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26936]

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RAILROAD RETIREMENT BOARD

Agency Forms Submitted for Office of Management and Budget 
Review, Request for Comments

SUMMARY: 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 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: Claimant Appeal 
Under the Railroad Retirement Act or and 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 part 260 and 20 CFR part 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.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (89 FR 75000 on September 13, 2024) required by 
44 U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Claimant Appeal Under the Railroad Retirement Act or 
Railroad Unemployment Insurance Act.
    OMB Control Number: 3220-0007.
    Form(s) submitted: HA-1.
    Type of request: Revision of a currently approved collection.
    Affected public: Individuals or Households.
    Abstract: Under section 7(b)(3) of the Railroad Retirement Act and 
section 5(c) of the Railroad Unemployment Insurance Act, a person 
aggrieved by a decision on his or her application for an annuity or 
other benefit has the right to appeal to the RRB. The collection 
provides the means for the appeal action.
    Changes proposed: The RRB proposes a minor change to Form HA-1 to 
reference page 2 of the form.
    The burden estimate for the ICR is as follows:

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                      Form No.                         Annual responses     Time (minutes)      Burden (hours)
----------------------------------------------------------------------------------------------------------------
HA-1................................................                300                  20                 100
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    2. Title and purpose of information collection: Evidence for 
Application of Overall Minimum, OMB 3220-0083.
    Under section 3(f)(3) 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 part 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

[[Page 91440]]

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.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (89 FR 75000 on September 13, 2024) required by 
44 U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Evidence for Application of Overall Minimum.
    OMB Control Number: 3220-0083.
    Forms submitted: G-319 and G-320.
    Type of request: Revision of a currently approved collection.
    Affected public: Individuals or Households.
    Abstract: Under section 3(f)(3) of the Railroad Retirement Act, 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.
    Changes proposed: 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.
    The burden estimate for the ICR is as follows:

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                                                                      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                   10              15               2
 school 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) 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.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (89 FR 75000 on September 13, 2024) required by 
44 U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Request to Non-Railroad Employer for Information About 
Annuitant's Work and Earnings.
    OMB Control Number: 3220-0107.
    Form(s) submitted: RL-231-F.
    Type of request: Extension without change of a currently approved 
collection.
    Affected public: Private Sector; Businesses or other for-profits, 
Not-for-profit institutions.
    Abstract: Under the Railroad Retirement Act (RRA), benefits are not 
payable if an annuitant works for an employer covered under the RRA or 
last non-railroad employer. The collection obtains information 
regarding an annuitant's work and earnings from a non-railroad 
employer. The information is used to determine whether benefits should 
be withheld.
    Changes proposed: The RRB proposes no changes to Form RL-231-F.
    The burden estimate for the ICR is as follows:

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

[[Page 91441]]

    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.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (89 FR 75001 on September 13, 2024) required by 
44 U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Student Beneficiary Monitoring.
    OMB Control Number: 3220-0123.
    Form(s) submitted: G-315, G-315a, G-315a.1.
    Type of request: Extension without change of a currently approved 
collection.
    Affected public: Individuals or Households.
    Abstract: Under the Railroad Retirement Act (RRA), a student 
benefit is not payable if the student ceases full-time school 
attendance, marries, works in the railroad industry, has excessive 
earnings or attains the upper age limit under the RRA. The report 
obtains information to be used to determine if benefits should cease or 
be reduced.
    Changes proposed: The RRB proposes no changes to Forms G-315, G-
315A, or G-315A.1.
    The burden estimate for the ICR is as follows:

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                        Form No.                          Annual 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) 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.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (89 FR 75001 on September 13, 2024) required by 
44 U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Gross Earnings Report.
    OMB Control Number: 3220-0132.
    Form(s) submitted: BA-11, BA-11 (internet).
    Type of request: Extension without change of a currently approved 
collection.
    Affected public: Private Sector; Businesses or other for-profits.
    Abstract: Section 7(c)(2) of the Railroad Retirement Act requires a 
financial interchange between the OASDHI trust funds and the railroad 
retirement account. The collection obtains gross earnings of railway 
employees on a 1% basis. The information is used to determine the 
amount which would place the OASDHI trust funds in the position they 
would have been if railroad service had been covered by the Social 
Security and FIC Acts.
    Changes proposed: The RRB proposes no changes to Form BA-11.
    The burden estimate for the ICR is as follows:

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                        Form No.                          Annual 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

[[Page 91442]]

 
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
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (89 FR 75002 on September 13, 2024) required by 
44 U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Railroad Separation Allowance or Severance Pay Report.
    OMB Control Number: 3220-0173.
    Form(s) submitted: BA-9.
    Type of request: Extension without change of a currently approved 
collection.
    Affected public: Private Sector; Businesses or other for profits.
    Abstract: Section 6 of the Railroad Retirement Act provides for a 
lump-sum payment to an employee or the employee's survivor 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 collection obtains information concerning the 
separation allowances and severance payments paid from railroad 
employers.
    Changes proposed: 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).
    The burden estimate for the ICR is as follows:

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                        Form No.                          Annual 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
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    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.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (89 FR 75002 on September 13, 2024) required by 
44 U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Railroad Separation Allowance or Severance Pay Report.
    OMB Control Number: 3220-0179.
    Form(s) submitted: G-19L.
    Type of request: Revision of a currently approved collection.
    Affected public: Individuals or Households.
    Abstract: Under section 2(e)(3) of the Railroad Retirement Act, an 
annuity is not payable or is reduced for any month in which the 
beneficiary works for a railroad or earns more than the

[[Page 91443]]

prescribed amounts. The collection obtains earnings information needed 
by the Railroad Retirement Board to determine possible reductions in 
annuities because of earnings.
    Changes proposed: The RRB proposes minor changes to update the 
office hours on Form G-19L.
    The burden estimate for the ICR is as follows:

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                      Form No.                         Annual responses     Time  (minutes)     Burden  (hours)
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G-19L...............................................                300                  15                  75
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    Additional Information or Comments: Copies of the forms and 
supporting documents or 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 and recommendations for the proposed information 
collection should be sent within 30 days of publication of this notice 
to www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function.

Brian Foster,
Clearance Officer.
[FR Doc. 2024-26936 Filed 11-18-24; 8:45 am]
BILLING CODE 7905-01-P
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