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: Proposed rule.

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SUMMARY: The Railroad Retirement Board (Board) proposes to amend 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 would alleviate

needless record retention and would ease reporting requirements for

employers that have permanently ceased operations.

DATES: Comments must be submitted on or before April 15, 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 proposes to

adopt regulations specifying that railroad employers may dispose of

payroll records more than five years old

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where there is no dispute pending as to the compensation reported for

the periods covered by those records. The Board also proposes to amend

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.

The Board, with the agreement 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 proposed to be 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: February 5, 1996.

By Authority of the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 96-3391 Filed 2-14-96; 8:45 am]

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