Railroad Employers' Reports and Responsibilities

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]

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