81 FR 89014 - Payments Pursuant to Court Decree or Court-Approved Property Settlement

RAILROAD RETIREMENT BOARD

Federal Register Volume 81, Issue 237 (December 9, 2016)

Page Range		89014-89015
FR Document		2016-29496

The Railroad Retirement Board (Board) proposes to amend its regulations addressing who may receive a portion of an employee annuity due to a former spouse of a railroad annuitant under a court decree of divorce or court-approved property settlement, but which was unpaid at the time of the former spouse's death. The current regulation states that the Board will follow the priority order provided for employee annuities unpaid at death in Section 234.1 of the Board's regulations. The proper section pertaining to employee annuities due but unpaid at death is located in Section 234.31 of the Board's regulations. This amendment is necessary to insert the correct section reference.

Federal Register, Volume 81 Issue 237 (Friday, December 9, 2016)

[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Proposed Rules]
[Pages 89014-89015]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29496]


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RAILROAD RETIREMENT BOARD

20 CFR Part 295

RIN 3220-AB69


Payments Pursuant to Court Decree or Court-Approved Property 
Settlement

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Railroad Retirement Board (Board) proposes to amend its 
regulations addressing who may receive a portion of an employee annuity 
due to a former spouse of a railroad annuitant under a court decree of 
divorce or court-approved property settlement, but which was unpaid at 
the time of the former spouse's death. The current regulation states 
that the Board will follow the priority order provided for employee 
annuities unpaid at death in Section 234.1 of the Board's regulations. 
The proper section pertaining to employee annuities due but unpaid at 
death is located in Section 234.31 of the Board's regulations. This 
amendment is necessary to insert the correct section reference.

DATES: Submit comments on or before February 7, 2017.

ADDRESSES: You may submit comments, identified by 3220-AB69, by any of 
the following methods:
1. Internet--Send comments via email to [email protected]
2. Fax--(312) 751-7102.
3. Mail--Secretary to the Board, Railroad Retirement Board, 844 N. Rush 
Street, Chicago, Illinois, 60611-2092.

    Do not submit the same comments multiple times or by more than one 
method. Regardless of which method you choose, please state that your 
comments refer to RIN number 3220-AB69.
    Caution: You should be careful to include in your comments only 
information that you wish to make publicly available as comments are 
made public without change, with any personal information provided. The 
Board strongly urges you not to include in your comments any personal 
information, such as Social Security numbers or medical information.

FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, Assistant 
General Counsel, Railroad Retirement Board, 844 North Rush Street, 
Chicago, IL 60611-2092, (312) 751-4945, TTD (312) 751-4701.

SUPPLEMENTARY INFORMATION: 

Background Information

    The Railroad Retirement Act (RRA) provides monthly annuities for 
railroad employees based on age and years of service in the railroad 
industry. Section 14(b)(2) of the RRA [45 U.S.C. 231m(b)(2)] provides 
that portions of an employee annuity calculated under sections 2(b), 
3(b), 3(f), and 3(h) of the RRA [45 U.S.C. 231a(b), 231b(b), 231c(f), 
and 231c(h)] may be characterized as community property and subject to 
distribution in accordance with a court decree of divorce, annulment, 
or legal separation or the terms of any court-approved property 
settlement incident to any such court decree. The current version of 
Board regulations at Title 20 of the Code of Federal Regulations, Part 
295, sections 295.1-7 implement this provision.
    The current version of section 295.5(d) of the Board's regulations 
explains that payments to a spouse or former spouse pursuant to a court 
order will not be made to the heirs, legatees, creditors, or assignees 
of a deceased spouse or former spouse. Any annuity amounts due to the 
spouse or former spouse but unpaid at the time of the spouse or former 
spouse's death will be made in accordance with the Board's regulations 
governing payments of employee annuities due but unpaid at the death of 
the employee. At the time section 295.5(d) was published in the Federal 
Register, the Board regulations governing employee annuities due but 
unpaid at death were found in section 234.1 of the Board's regulations. 
Part 234 of the Board's regulations has since been amended and the 
section governing employee annuities due but unpaid at death is now 
designated as section 234.31 of the Board's regulations.

Proposed Changes

    We propose to amend section 295.5(d) of the Board's regulations to 
provide the correct cross-reference to the section of the Board's 
regulations governing employee annuities due but unpaid at death. This 
change is not intended to be substantive.

Clarity of This Proposed Rule

    Executive Order 12866, as supplemented by Executive Order 13563, 
requires each agency to write all rules in plain language. In addition 
to your substantive comments on this proposed rule, we invite your 
comments on how to make it easier to understand.
    For example:

 Are the requirements for the rule clearly stated?
 Have we organized the material to meet your needs?
 What else could we do to make the rule easier to understand?
 Does the rule contain technical language or jargon that is not 
clear?
 Would a different format make the rule easier to understand?

When will we start to use this rule?

    We will not use this rule until we evaluate public comments and 
publish a final rule in the Federal Register. All final rules we issue 
include an effective date. We will continue to use our current rules 
until that date. If we publish a final rule, we will include a

[[Page 89015]]

summary of relevant comments we received, if any, and responses to 
them. We will also include an explanation of how we will apply the new 
rule.

Regulatory Procedures

Executive Order 12866, as Supplemented by Executive Order 13563

    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, as supplemented by Executive Order 13563. 
Therefore, no regulatory impact analysis is required.

Regulatory Flexibility Act

    The Board certifies that this proposed rule would not have a 
significant economic impact on a substantial number of small entities 
because it affects individuals only. Therefore, a regulatory 
flexibility analysis is not required under the Regulatory Flexibility 
Act, as amended.

Paperwork Reduction Act

    This Proposed Rule imposes no reporting or recordkeeping 
requirements subject to OMB clearance.

List of Subjects in 20 CFR Part 295

    Railroad retirement.

    For the reasons set out in the preamble, the Railroad Retirement 
Board proposes to amend title 20, chapter II, subchapter B, part 295 of 
the Code of Federal Regulations as follows:

PART 295--PAYMENTS PURSUANT TO COURT DECREE OR COURT-APPROVED 
SETTLEMENT

0
1. The authority citation for part 295 continues to read as follows:

    Authority:  45 U.S.C. 231f; 45 U.S.C. 231m.


Sec.  295.5  [Amended]

0
2. Amend Sec.  295.5 to revise paragraph (d) to read as follows:


Sec.  295.5   Limitations.

* * * * *
    (d) Payees. Payment of an amount awarded to a spouse or former 
spouse by a court decree or property settlement will be made only to 
the spouse or former spouse except where the Board determines that 
another person shall be recognized to act on behalf of the spouse or 
former spouse as provided in Part 266 of the chapter, relating to 
incompetence. Payment will not be made to the heirs, legatees, 
creditors or assignees of a spouse or former spouse, except that where 
an amount is payable to a spouse or former spouse pursuant to this 
part, but is unpaid at the death of that spouse or former spouse, the 
unpaid amount may be paid in accordance with Sec.  234.31 of this 
chapter, pertaining to employee annuities unpaid at death.
* * * * *

    Dated: December 6, 2016.

    By Authority of the Board.
Martha P. Rico,
Secretary to the Board.
[FR Doc. 2016-29496 Filed 12-8-16; 8:45 am]
 BILLING CODE P

Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules 89015

summary of relevant comments we but is unpaid at the death of that spouse Mail or hand delivery: Elizabeth K.
received, if any, and responses to them. or former spouse, the unpaid amount Appel, Director, Office of Regulatory
We will also include an explanation of may be paid in accordance with Affairs & Collaborative Action, Indian
how we will apply the new rule. § 234.31 of this chapter, pertaining to Affairs, U.S. Department of the Interior,
employee annuities unpaid at death. 1849 C St. NW., Mail Stop 3642–MIB,
Regulatory Procedures Washington, DC 20240.
* * * * *
Executive Order 12866, as Please see the SUPPLEMENTARY
Dated: December 6, 2016. INFORMATION section of this document
Supplemented by Executive Order
By Authority of the Board. for information on Tribal consultation
13563
Martha P. Rico, sessions.
The Board, with the concurrence of
Secretary to the Board. FOR FURTHER INFORMATION CONTACT:
the Office of Management and Budget,
[FR Doc. 2016–29496 Filed 12–8–16; 8:45 am] Elizabeth Appel, Director, Office of
has determined that this is not a
significant regulatory action under BILLING CODE P Regulatory Affairs and Collaborative
Executive Order 12866, as Action, Office of the Assistant
supplemented by Executive Order Secretary—Indian Affairs; telephone
13563. Therefore, no regulatory impact DEPARTMENT OF THE INTERIOR (202) 273–4680, elizabeth.appel@
analysis is required. bia.gov.
Bureau of Indian Affairs SUPPLEMENTARY INFORMATION:
Regulatory Flexibility Act
The Board certifies that this proposed 25 CFR Part 140 Public Comment
rule would not have a significant The Department is considering
[178A2100DD/AAKC001030/
economic impact on a substantial whether to propose an administrative
A0A501010.999900 253G]
number of small entities because it rule that would comprehensively
affects individuals only. Therefore, a RIN 1076–AF30 update 25 CFR part 140 (Licensed
regulatory flexibility analysis is not Indian Traders) in an effort to
required under the Regulatory Traders With Indians modernize the implementation of the
Flexibility Act, as amended. Indian Trader statutes consistent with
AGENCY: Bureau of Indian Affairs,
the Federal policies of Tribal self-
Paperwork Reduction Act Interior.
determination and self-governance. We
This Proposed Rule imposes no ACTION: Advance notice of proposed are interested in hearing from federally
reporting or recordkeeping requirements rulemaking; solicitation of comments. recognized tribes. We also welcome
subject to OMB clearance. comments and information from states
SUMMARY: The Department of the
List of Subjects in 20 CFR Part 295 and their agencies and from the public.
Interior (Department) is considering To be most useful, and most likely to
Railroad retirement. whether to propose an administrative inform decisions on the content of a
For the reasons set out in the rule that would comprehensively potential administrative rule, comments
preamble, the Railroad Retirement update 25 CFR part 140 (Licensed should:
Board proposes to amend title 20, Indian Traders) in an effort to —Be specific;
chapter II, subchapter B, part 295 of the modernize the implementation of the —Be substantive;
Code of Federal Regulations as follows: Indian Trader statutes consistent with —Explain the reasoning behind the
the Federal policies of Tribal self- comments; and
PART 295—PAYMENTS PURSUANT determination and self-governance. The —Address the issues outlined in the
TO COURT DECREE OR COURT- current regulations were promulgated in ANPRM.
APPROVED SETTLEMENT 1957 and have not been For the purpose of this ANPRM, we
comprehensively updated since 1965. are seeking input solely on questions
■ 1. The authority citation for part 295 The purpose of this advance notice of related to a potential administrative rule
continues to read as follows: proposed rulemaking (ANPRM) is to on whether and how the Department of
Authority: 45 U.S.C. 231f; 45 U.S.C. 231m. solicit public comments on whether and the Interior should update 25 CFR part
how the Department should update 25 140, including how the Indian Trader
§ 295.5 [Amended] CFR part 140, including how the Indian regulations might be updated to govern
■ 2. Amend § 295.5 to revise paragraph Trader regulations might be updated to who trades on Indian land in a manner
(d) to read as follows: govern who trades on Indian land and more consistent with Tribal self-
how the regulations can better promote governance and self-determination.
§ 295.5 Limitations.
Tribal self-determination regarding We are seeking comments solely on
* * * * * trade on Indian lands. In this ANPRM, following questions:
(d) Payees. Payment of an amount the Department also announces dates 1. Should the Federal government
awarded to a spouse or former spouse and locations for Tribal consultations address trade occurring in Indian
by a court decree or property settlement and public meetings to consider this Country through an updated 25 CFR
will be made only to the spouse or issue. part 140, and why?
former spouse except where the Board 2. Are there certain components of the
determines that another person shall be DATES: Comments must be submitted on existing rule that should be kept, and if
mstockstill on DSK3G9T082PROD with PROPOSALS

recognized to act on behalf of the spouse or before April 10, 2017. so, why?
or former spouse as provided in Part 266 ADDRESSES: You may submit comments 3. How can revisions to the existing
of the chapter, relating to incompetence. by any of the following methods: rule ensure that persons who conduct
Payment will not be made to the heirs, Federal rulemaking portal: http:// trade are reputable and that there are
legatees, creditors or assignees of a www.regulations.gov. The rule is listed mechanisms in place to address traders
spouse or former spouse, except that under the agency name ‘‘Bureau of who violate Federal or Tribal law?
where an amount is payable to a spouse Indian Affairs.’’ The rule has been 4. How do Tribes currently regulate
or former spouse pursuant to this part, assigned Docket ID: BIA–2016–0007. trade in Indian Country and how might

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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Submit comments on or before February 7, 2017.
Contact		Marguerite P. Dadabo, Assistant General Counsel, Railroad Retirement Board, 844 North Rush Street, Chicago, IL 60611-2092, (312) 751-4945, TTD (312) 751-4701.
FR Citation		81 FR 89014
RIN Number		3220-AB69