Initial Determinations Under the Railroad Unemployment Insurance Act and Reviews of and Appeals From Such Determinations

RAILROAD RETIREMENT BOARD

20 CFR Part 320

RIN 3220-AB06

Initial Determinations Under the Railroad Unemployment Insurance

Act and Reviews of and Appeals From Such Determinations

AGENCY: Railroad Retirement Board.

ACTION: Interim final rule.

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SUMMARY: The Railroad Retirement Board (Board) hereby amends its

regulations under the Railroad Unemployment Insurance Act (RUIA) to

enlarge the authority of Board district offices to make initial

determinations on claims for benefits under the RUIA.

EFFECTIVE DATE: June 1, 1995.

ADDRESSES: Submit comments to: 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: Section 320.6 of the Board's regulations

defines the term ``adjudicating office'' and prescribes the extent of

the authority of each such office to make determinations on claims for

benefits under the RUIA. Currently, Sec. 320.6(b) authorizes Board

district offices to make initial determinations only with respect to

certain issues of eligibility for unemployment benefits under the RUIA.

Those determination are made on applications and claims for

unemployment benefit received in connection with an employee's

registration for unemployment benefits under part 325 of this chapter.

Board district offices have not heretofore been authorized to make

determinations on claims for sickness benefits under the RUIA. However,

since sickness benefit claimants now file their claims with district

offices as part of an agency effort to improve the timeliness of claims

processing, the Board is authorizing district offices to make

determinations on two issues that often affect eligibility for sickness

benefits. The first issue is whether the claimant has filed his or her

claim for sickness benefits within the time limit prescribed in

Sec. 335.4(c) of part 335 of this chapter; the second issue is whether

the claimant has received any form of remuneration, as defined in part

322 of this chapter, with respect to any day claimed as a day of

sickness within the 14-day calendar period covered by the claim.

Previously, these determinations were made only in the Division of

Program Operations of the Bureau of Unemployment and Sickness

Insurance. Authorizing Board district offices to make these two types

of determinations will expedite the processing and payment of sickness

benefits to those persons found properly entitled to payment.

The Board is publishing these amendments as a final rule because

the amendments represent organizational changes only and do not affect

the substantive rights of any person claiming sickness benefits under

the RUIA. However, any person wishing to comment on the amendments may

do so within 30 days of the date of this publication in the Federal

Register.

The Board has determined, with the concurrence of the Office of

Management and Budget, that this is not a significant regulatory action

for purposes of Executive Order 12866. There are no information

collections associated with this rule.

List of Subjects in 20 CFR Part 320

Railroad employees, Railroad unemployment benefits.

For the reasons set out in the preamble, title 20, chapter II, part

320 of the Code of Federal Regulations is amended as follows:

PART 320--INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT

INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH DETERMINATIONS

1. The authority citation for part 320 continues to read as

follows:

Authority: 45 U.S.C. 355 and 362(1).

2. Section 320.6 is amended by revising paragraphs (b) and (d) to

read as follows:

Sec. 320.6 Adjudicating office.

* * * * *

(b) District offices. Board district offices are authorized to make

initial determinations on the following issues relating to eligibility

for unemployment or sickness benefits, as the case may be:

(1) Availability for work;

(2) Voluntary leaving of work, with or without good cause;

(3) Failure to accept work or apply for work or failure to report

to an employment office;

(4) Timely registration for unemployment benefits under Sec. 325.2

of this chapter and timely filing of claims for sickness benefits under

Sec. 335.4(c) of this chapter;

(5) Receipt of remuneration for claimed days of unemployment or

sickness, as the case may be;

(6) Mileage or work restrictions and stand-by or lay-over rules;

(7) Whether the claimant's unemployment is due to a strike.

* * * * *

(d) Division of Program Operations. The Division of Program

Operations, [[Page 28535]] Bureau of Unemployment and Sickness

Insurance, is authorized to make initial determinations on all issues

of eligibility for unemployment and sickness benefits as set forth in

paragraphs (b) and (c) of this section, and on any other issue not

reserved to the Director by paragraph (e) of this section.

* * * * *

Dated: May 23, 1995.

By Authority of the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 95-13297 Filed 5-31-95; 8:45 am]

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