[Federal Register Volume 66, Number 87 (Friday, May 4, 2001)]
[Notices]
[Pages 22622-22623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11285]


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RAILROAD RETIREMENT BOARD


Proposed Collection; Comment Request

SUMMARY: In accordance with 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.
    Title and Purpose of Information Collection: Verification of 
Supplemental Annuity.
    Under Section 2(b) of the Railroad Retirement Act (RRA), 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 had 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

[[Page 22623]]

employees who had at least one 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).
    The supplemental annuities paid by the RRB are financed entirely by 
the railroad employers under 26 USC of 3221 of the Internal Revenue 
Code. Under 26 USC 3221(c) every employer must pay a ``work hour'' tax 
at such a rate as to make available certain funds for the RRB to pay 
supplemental annuities at the level provided under section 3(e) of the 
RRA, unless the exception in 26 USC 3221(d) applies.
    Also, under 26 U.S.C. 3221(c) a Supplemental Annuity tax credit is 
due to the railroad for any month for which an employee's RRB 
Supplemental Annuity is reduced under Section 2(h)(2) of the RRA for an 
employer private pension approved by the RRB's Bureau of Law, when 
either the employer pension was not established pursuant to a 
collective bargaining agreement; or, if the employer pension was 
established pursuant to a supplemental annuity tax credit allowed is 
equal (dollar for dollar) to the amount of the reduction in the 
employee's supplemental annuity for the private pension.
    Section 26 USC 3221(d) of the Internal Revenue Code exempts certain 
employers from the ``work hour tax'' when the private pension plan, 
approved by the RRB's Bureau of Law, that was established pursuant to a 
collective bargaining (union) agreement and the employee was a member 
of the collective bargaining unit. Instead a supplemental annuity tax 
liability is billed to the employer as a ``special supplemental tax'' 
under any month for which the employee is paid a RRB supplemental 
annuity. The ``special supplemental tax'' is equal to the amount of the 
supplemental annuity being paid, plus a percentage added to reimburse 
the RRB for administrative cost.
    The RRB currently requires the following information from railroad 
employers to calculate supplemental annuities. (a) The current status 
of railroad employer pension plans and whether such an employer pension 
plan causes a reduction to the supplemental annuity; (b) the amount of 
the employer private pension being paid to the employee; (c) whether or 
not the railroad employer pension is based on a collective bargaining 
agreement, (d) whether or not the employee made contributions to the 
pension; and (e) whether the employer pension plan continues when the 
employer status under the RRA changes. The requirements for eligibility 
to a supplemental annuity and a description of an employer pension are 
prescribed in 20 CFR 216.40-216.42. The computation of the supplemental 
annuity is prescribed in 20 CFR 227. Evidence requirements for a deemed 
current connection for a supplemental annuity are prescribed in 20 CFR 
216.15.
    The RRB currently utilizes Form(s) G-88p (Employer's Supplemental 
Pension Report), G-88r (Request for Information About New or Revised 
Pension Plan), and G-88r.1 (Request for Additional Information about 
Employer Pension Plan in Case of Change of Employer Status or 
Termination of Pension Plan), to obtain the necessary information from 
railroad employers. (OMB approved 3220-0089).
    In order to ensure that the supplemental annuity is correctly 
adjusted and the supplemental annuity tax credits or supplemental 
annuity tax liabilities are correct, the RRB proposes the 
implementation of a new information collection consisting of two new 
forms, Form G-88p.1, Request for Verification of Employer Pension 
Information, and Form G-88p.2, Verification of Employer Collective 
Bargaining Pension Information.
    The completion time for proposed Form G-88p.1 and G-88p.2 is 
estimated at between 10 to 120 minutes. The RRB estimates that about 75 
G-88p.1's and 15 G-88p.2's will be completed annually. One response is 
requested of each respondent. Completion is mandatory.

FOR FURTHER INFORMATION CONTACT: To request more information or to 
obtain a copy of the information collection justification, forms, and/
or supporting material, please call the RRB Clearance Officer at (312) 
751-3363. Comments regarding the information collection should be 
addressed to Ronald J. Hodapp. Railroad Retirement Board, 844 N. Rush 
Street, Chicago, Illinois 60611-2092. Written comments should be 
received within 60 days of this notice.

Chuck Mierzwa,
Clearance Officer.
[FR Doc. 01-11285 Filed 5-3-01; 8:45 am]
BILLING CODE 7905-01-M