Proposed Collection; Comment Request
| Published date | 24 March 2020 |
| Citation | 85 FR 16687 |
| Record Number | 2020-06087 |
| Section | Notices |
| Court | Railroad Retirement Board |
Federal Register, Volume 85 Issue 57 (Tuesday, March 24, 2020)
[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Notices]
[Pages 16687-16690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06087]
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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: Application and
Claim for Unemployment Benefits and Employment Service; OMB 3220-0022.
Section 2 of the Railroad Unemployment Insurance Act (RUIA) (45
U.S.C. 231), provides unemployment benefits for qualified railroad
employees. These benefits are generally payable for each day of
unemployment in excess of four during a registration period (normally a
period of 14 days).
Section 12 of the RUIA provides that the RRB establish, maintain
and operate free employment facilities directed toward the reemployment
of railroad employees. The procedures for applying for the unemployment
benefits and employment service and for registering
[[Page 16688]]
and claiming the benefits are prescribed in 20 CFR 325. 20 CFR 321
provides for applying and filing claims for unemployment benefits
electronically.
The RRB utilizes the following forms to collect the information
necessary to pay unemployment benefits. Form UI-1 (or its internet
equivalent, Form UI-1 (internet)), Application for Unemployment
Benefits and Employment Service, is completed by a claimant for
unemployment benefits once in a benefit year, at the time of first
registration. Completion of Form UI-1 or UI-1 (internet) also registers
an unemployment claimant for the RRB's employment service.
The RRB also utilizes Form UI-3 (or its internet equivalent Form
UI-3 (internet)), Claim for Unemployment Benefits, for use in claiming
unemployment benefits for days of unemployment in a particular
registration period, normally a period of 14 days.
Completion of Forms UI-1, UI-1(internet), UI-3, and UI-3 (internet)
is required to obtain or retain benefits. The number of responses
required of each claimant varies, depending on their period of
unemployment. The RRB proposes no changes to the forms in this
information collection.
Estimate of Annual Respondent Burden
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Annual
Form No. responses Time (minutes) Burden (hours)
----------------------------------------------------------------------------------------------------------------
UI-1............................................................ 6,654 10 1,109
UI-1 (Internet)................................................. 4,357 10 726
UI-3............................................................ 27,815 6 2,782
UI-3 (Internet)................................................. 42,836 6 4,284
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Total....................................................... 81,662 .............. 8,901
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2. 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 each respondent. The RRB proposes the
following change to all forms, except ID-5R (SUP):
Change PRA/PA notice to update the officer title and
update RRB zip code.
Estimate of Annual Respondent Burden
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Annual
Form No. responses Time (minutes) Burden (hours)
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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
[[Page 16689]]
ID-5i........................................................... 1,050 15 262
ID-5R (SUP)..................................................... 400 10 67
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Total....................................................... 1,603 .............. 349
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3. 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 a public service offset, so that Federal
Insurance Contributions Act (FICA) taxes are 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 prescribed 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. The RRB proposes no changes to the forms
in the collection.
Estimate of Annual Respondent Burden
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Annual
Form No. responses Time (minutes) Burden (hours)
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G-208........................................................... 70 16 19
G-212........................................................... 1,100 15 275
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Total....................................................... 1,170 .............. 294
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4. Title and purpose of information collection: Report of Medicaid
State Office on Beneficiary's Buy-In Status; OMB 3220-0185.
Under Section 7(d) of the Railroad Retirement Act (45 U.S.C. 231),
the RRB administers the Medicare program for persons covered by the
railroad retirement system. Under Section 1843 of the Social Security
Act, states may enter into ``buy-in agreements'' with the Secretary of
Health and Human Services for the purpose of enrolling certain groups
of low-income individuals under the Medicare medical insurance (Part B)
program and paying the premiums for their insurance coverage.
Generally, these individuals are categorically needy under Medicaid and
meet the eligibility requirements for Medicare Part B. States can also
include in their buy-in agreements, individuals who are eligible for
medical assistance only. The RRB utilizes Form RL-380-F, Report of
Medicaid State Office on Beneficiary's Buy-In Status, to obtain
information needed to determine if certain railroad beneficiaries are
entitled to receive Supplementary Medical Insurance program coverage
under a state buy-in agreement in the states in which they reside.
Completion of Form RL-380-F is voluntary. One response is received from
each respondent. The RRB proposes the following changes to Form RL-380-
F:
Remove the word ``claim'' from the second box on the right
side and
remove the word ``claim'' and replaced with ``Medicare''
for question 4.
Estimate of Annual Respondent Burden
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Annual
Form No. responses Time (minutes) Burden (hours)
----------------------------------------------------------------------------------------------------------------
RL-380-F..................................................... 600 10 100
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5. 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.
[[Page 16690]]
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
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Annual
Form No. responses Time (minutes) Burden (hours)
----------------------------------------------------------------------------------------------------------------
G-252........................................................... 100 20 33
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Total....................................................... 100 .............. 33
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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 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 emailed
to [email protected]. Written comments should be received within 60
days of this notice.
Brian Foster,
Clearance Officer.
[FR Doc. 2020-06087 Filed 3-23-20; 8:45 am]
BILLING CODE 7905-01-P
