Federal Register: November 29, 2001 (Volume 66, Number 230)
DOCID: FR Doc 01-29429
RAILROAD RETIREMENT BOARD
Railroad Retirement Board
CFR Citation: 20 CFR Part 217
RIN ID: RIN 3220-AB46
NOTICE: PROPOSED RULES
ACTION: Railroad Retirement Act:
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY:
Application for Annuity or Lump Sum
DATES: Submit comments on or before January 28, 2002.
DOCUMENT SUMMARY:
The Railroad Retirement Board (Board) proposes to amend its regulations to permit a spouse application, when filed simultaneously with the employee's application for a disability annuity, to be filed more than three months in advance of the earliest annuity beginning date. The proposed changes would bring Secs. 217.9 and 217.30 into agreement with the distinction already found in Sec. 218.7.
SUMMARY:
Spouse application for annuity or lump sum filed simultaneously with employee's application for disability annuity,
SUPPLEMENTAL INFORMATION
Section 217.9 of the regulations of the
Board provides for the effective period of application. This proposed
rule amends section 217.9(b) to permit a spouse application, when filed
simultaneously with the employee's application for a disability annuity, to be filed more than
[[Page 59549]]
three months in advance of the earliest annuity beginning date. This
proposed rule also makes a conforming amendment to Sec. 217.30
concerning the reasons for denial of an application, and provides greater clarity for such denials.
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 analysis is required. Information collections associated with Sec. 217.9 have been approved by the Office of Management and Budget under control number 32200002.
List of Subjects in 20 CFR Part 217
Claims, Railroad retirement, Reporting and record keeping requirements.
For the reasons set out in the preamble, the Railroad Retirement Board proposes to amend title 20, chapter II, part 217 of the Code of Federal Regulations as follows:
PART 217APPLICATION FOR ANNUITY OR LUMP SUM
1. The authority citation for part 217 continues to read as follows:
Authority: 45 U.S.C. 231d and 45 U.S.C. 231f.
2. Section 217.9 of subpart B, is amended by adding directly after
the words ``paragraph (b)(2)'', the words ``and paragraph (b)(3)'', and by adding a new paragraph (b)(3) to read as follows:
Sec. 217.9 Effective period of application.
* * * * *
(b) * * *
(3) Application for spouse annuity filed simultaneously with
employee disability annuity application. When the qualifying employee's
annuity application effective period is determined by the preceding
paragraph (b)(2) of this section, a spouse who meets all eligibility
requirements may file an annuity application on the same date as the
employee claimant. The spouse application will be treated as though it
were filed on the later of the actual filing date or the employee's annuity beginning date.
* * * * *
3. Section 217.30 of subpart E is amended by removing paragraph
(b), redesignating paragraph (c) as paragraph (b), and by adding a new paragraph (c) to read as follows:
Sec. 217.30 Reasons for denial of application.
* * * * *
(c) The applicant files an application more than three months
before the date on which the eligible person's benefit can begin except
if the application is for an employee disability annuity or for a
spouse annuity filed simultaneously with the employee's disability annuity application.
Dated: November 20, 2001.
By Authority of the Board,
For the Board, Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 0129429 Filed 112801; 8:45 am]
BILLING CODE 790501P
FOR FURTHER INFORMATION CONTACT
Marguerite P. Dadabo, Assistant General Counsel, (312) 7514945, TTD (312) 7514701.