[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Page 31395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15705]



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RAILROAD RETIREMENT BOARD

20 CFR Part 209

RIN 3220-AB16


Railroad Employers' Reports and Responsibilities

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

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SUMMARY: The Railroad Retirement Board (Board) hereby amends its 
regulations to add sections to permit employers to dispose of payroll 
records after five years, and for the utilization of payroll records to 
credit service under the Railroad Retirement Act in the case of 
employers that have ceased operations. These amendments will alleviate 
needless record retention and ease reporting requirements for employers 
that have permanently ceased operations.

EFFECTIVE DATE: June 20, 1996.

ADDRESSES: Secretary to the Board, Railroad Retirement Board, 844 Rush 
Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT: Thomas W. Sadler, Assistant General 
Counsel, Railroad Retirement Board, 844 Rush Street, Chicago, Illinois 
60611, (312) 751-4513, TDD (312) 751-4701.

SUPPLEMENTARY INFORMATION: Employer reports are used to establish 
employee compensation and service records. These reports are based on 
payroll records. The Board's rules and procedures regarding the 
authorization of disposal of these records and the utilization of 
payroll records of employers who have abandoned service in lieu of 
employer reports are presently contained in Board Orders, which are not 
readily available to the public. Accordingly, the Board adopts 
regulations specifying that railroad employers may dispose of payroll 
records more than five years old where there is no dispute pending as 
to the compensation reported for the periods covered by those records. 
The Board also to amends its regulations to provide that the Board will 
accept payroll records in lieu of prescribed reports if there is no 
official of the employer available to prepare and certify to the 
accuracy of such reports and if the tax liability involved has been 
discharged.
    On February 15, 1996, the Board published this rule as a proposed 
rule (61 FR 5970) inviting comments on or before April 15, 1996. No 
comments were received. No changes have been made to the proposed rule. 
The Board, with the concurrence of the Office of Management and Budget, 
has determined that this is not a significant regulatory action under 
Executive Order 12866; therefore, no regulatory impact analysis is 
required. There are no information collections associated with this 
rule.

List of Subjects in 20 CFR Part 209

    Railroad employees, Railroad retirement, Railroads.

    For the reasons set out in the preamble, title 20, chapter II, part 
209 of the Code of Federal Regulations is amended as follows:

PART 209--RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES

    1. The authority citation for part 209 continues to read as 
follows:

    Authority: 45 U.S.C. 231f.

    2. Part 209 is amended by adding Secs. 209.16 and 209.17 to read as 
follows:


Sec. 209.16  Disposal of payroll records.

    Employers may dispose of payroll records for periods subsequent to 
1936, provided that the payroll records are more than five years old 
and that there is no dispute pending pertaining to the compensation 
reported for the period of those records.


Sec. 209.17  Use of payroll records as returns of compensation.

    Payroll records of employers which have permanently ceased 
operations may be accepted in lieu of prescribed reports provided that 
there is no official of the employer available to prepare and certify 
to the accuracy of such reports and, provided further that any employer 
and employee tax liability incurred under the Railroad Retirement Tax 
Act has been discharged.

    Dated: June 11, 1996.

    By Authority of the Board.

    For the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 96-15705 Filed 6-19-96; 8:45 am]
BILLING CODE 7905-01-P