Sickness Benefits

RAILROAD RETIREMENT BOARD

20 CFR Part 335

RIN 3220-AB30

Sickness Benefits

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

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

regulations under the Railroad Unemployment Insurance Act (RUIA) to

permit a substance-abuse professional to execute a statement of

sickness in support of payment of sickness benefits under the RUIA.

EFFECTIVE DATE: This rule will be effective September 22, 1997.

ADDRESSES: Secretary to the Board, Railroad Retirement Board, 844 North

Rush Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT:

Thomas W. Sadler, Senior Attorney, Railroad Retirement Board, 844 North

Rush Street, Chicago, Illinois 60611, (312) 751-4513, TDD (312) 751-

4701.

SUPPLEMENTARY INFORMATION: Section 335.2(a)(2) of the Board's

regulations provides that in order to be entitled to sickness benefits

under the RUIA, a claimant must provide a ``statement of sickness.''

Section 335.3(a) of the Board's regulations lists the individuals from

whom the Board will accept a statement of sickness. That list does not

currently include a ``substance-abuse professional'' (SAP), although

employees may claim sickness benefits under circumstances resulting

from alcohol or controlled-substances-related disorders. In providing

that an SAP under this part must meet the qualifications outlined in

the Department of Transportation (DOT) regulations at 49 CFR part 40.3,

the Board recognizes the importance of nationally-accepted standards

for SAPs. The DOT regulations define an SAP as a licensed physician

(Medical Doctor or Doctor of Osteopathy), a licensed or certified

psychologist, a licensed or certified social worker, or a licensed or

certified employee assistance professional. The DOT regulations also

include alcohol and drug abuse counselors certified by the National

Association of Alcoholism and Drug Abuse Counselors (NAADAC)

Certification Commission, a national organization imposing

qualification standards for treatment of alcohol and drug-related

disorders.

Under the DOT regulations, an SAP must have knowledge of, and

clinical experience in, the diagnosis and treatment of alcohol and

controlled substances-related disorders. Accordingly, those individuals

who have the requisite degrees or certificates, but who lack knowledge

and clinical experience in alcohol and substance abuse-related

disorders, would not meet the criteria of a qualified SAP under this

part.

The Board published this rule as a proposed rule on April 18, 1997

(62 FR 19072), and invited comments by June 17, 1997. No comments were

received.

The Board, with the concurrence of the Office of Management and

Budget, has determined that this is not a significant regulation action

for purposes of 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 335

Railroad employees, Railroad sickness benefits.

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

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

PART 335--SICKNESS BENEFITS

1. The authority citation for part 335 continues to read as

follows:

Authority: 45 U.S.C. 362(i) and 362(l).

2. Section 335.3(a) is amended by removing ``or'' at the end of

paragraph (a)(8) of this section, by removing the period at the end of

paragraph (a)(9) of this section and adding ``; or'', and by adding a

new paragraph (a)(10) to read as follows:

Sec. 335.3 Execution of statement of sickness and supplemental

doctor's statement.

(a) * * *

(10) A substance-abuse professional as defined in 49 CFR part 40.3,

if the infirmity involves alcohol or controlled substances-related

disorders.

* * * * *

Dated: August 12, 1997.

By Authority of the Board.

[[Page 44409]]

For the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 97-22131 Filed 8-20-97; 8:45 am]

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