[Federal Register Volume 62, Number 205 (Thursday, October 23, 1997)]
[Proposed Rules]
[Pages 55196-55197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28063]
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RAILROAD RETIREMENT BOARD
20 CFR Part 216
RIN 3220-AB27
Eligibility for an Annuity
AGENCY: Railroad Retirement Board.
ACTION: Proposed rule.
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SUMMARY: The Railroad Retirement Board proposes to amend its regulation
under the Railroad Retirement Act concerning when a child of a railroad
employee is considered a full-time elementary or secondary student. The
proposed changes reflect the current trend in most States and
jurisdictions to recognize home schooling and independent study
programs as comparable to traditional education.
DATES: Comments must be received on or before December 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 2(d)(4) of the Railroad Retirement
Act (45 U.S.C. 231a(d)(4)) provides, in pertinent part, that an annuity
is payable to a child of a deceased employee until such child attains
age 18 or 19 if such child is in full-time attendance at an elementary
or secondary school. Section 2(d)(4) of the Act incorporates the
provisions of section 202(d)(7) of the Social Security Act (42 U.S.C.
402(d)(7)), which defines the terms full-time elementary or secondary
student. Section 202(d)(7) of the Social Security Act in turn provides
that a full-time elementary or a secondary student is an individual who
is in full-time attendance as a student at an elementary or secondary
school, as determined by the Commissioner of the Social Security
Administration (by regulations prescribed by the Commissioner).
Before July 24, 1996, section 404.367 of the Social Security
Administration's regulations under the Social Security Act (20 CFR
404.367) defined a full-time student as an individual enrolled in an
educational institution including public, private, and religious
schools. The Social Security Administration's previous policy, as
reflected in its regulation, was aligned with the traditional
definition of educational programs. However, recently most States and
other jurisdictions have broadened the definition of education programs
to include home schooling and independent study programs. Because of
this trend, the Social Security Administration revised section 404.367
to include such types of schooling in the definition of elementary and
secondary schools. See, 61 FR 38363 (1996). The Board, therefore,
proposes to revise its regulations to include students enrolled in home
schooling or independent study programs authorized by a State or other
jurisdiction within the definition of a full-time elementary or
secondary school student.
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. There are no information collections
associated with this rule.
List of Subjects in 20 CFR Part 216
Railroad employees, Railroad retirement.
For the reasons set out in the preamble, chapter II of title 20 of
the Code of Federal Regulations is proposed to be amended as follows:
PART 216--ELIGIBILITY FOR AN ANNUITY
1. The authority citation for part 216 continues to read as
follows:
Authority: 45 U.S.C. 231f.
2. Section 216.74 is revised to read as follows:
Sec. 216.74 When a child is a full-time elementary or secondary school
student.
(a) A child is a full-time elementary or secondary school student
if he or she meets all of the following conditions:
(1) The child is in full-time attendance at an elementary or
secondary school; or
(2) The child is instructed in elementary or secondary education at
home in accordance with a home school
[[Page 55197]]
law of the State or other jurisdiction in which the child resides; or
(3) The child is in an independent study elementary or a secondary
education program administered by the local school, district, or
jurisdiction, which is in accordance with the law of the State or other
jurisdiction in which he or she resides.
(b) The child is in full-time attendance in a day or evening non-
correspondence course of at least 13 weeks duration and he or she is
carrying a subject load that is considered full-time for day students
under the institution's standards and practices. If he or she is in a
home schooling program as described in paragraph (a)(2) of this
section, he or she must be carrying a subject load that is considered
full-time for day students under the standards and practices set by the
State or other jurisdiction in which the student resides.
(c) To be considered in full-time attendance, scheduled attendance
must be at the rate of at least 20 hours per week unless one of the
exceptions in paragraphs (c)(1) and (c)(2) of this section applies. If
the student is in an independent study program as described in
paragraph (a)(3) of this section, the number of hours spent in school
attendance is determined by combining the number of hours of attendance
at a school facility with the agreed upon number of hours spent in
independent study. The student may still be considered in full-time
attendance if the scheduled rate of attendance is below 20 hours per
week if the Board finds that:
(1) The school attended does not schedule at least 20 hours per
week and going to that particular school is the student's only
reasonable alternative; or
(2) The student's medical condition prevents him or her from having
scheduled attendance of at least 20 hours per week. To prove that the
student's medical condition prevents him or her from scheduling 20
hours per week, the Board may request that the student provide
appropriate medical evidence or a statement from the school.
(d) An individual is not a full-time student if, while attending an
elementary or secondary school, he or she is paid compensation by an
employer who has requested or required that the individual attend the
school. An individual is not a fulltime student while he or she is
confined in a penal institution or correctional facility because he or
she committed a felony after October 19, 1980.
(e) A student who reaches age 19 but has not completed the
requirements for a secondary school diploma or certificate and who is a
full-time elementary or secondary student, as defined in paragraph (a)
of this section, will continue to be eligible for benefits until the
first day of the first month following the end of the quarter or
semester in which he or she is then enrolled, or if the school is not
operated on a quarter or semester system, the earlier of:
(1) The first day of the month following completion of the
course(s) in which he or she was enrolled when age 19 was reached; or
(2) The first day of the third month following the month in which
he or she reached age 19.
Dated: October 14, 1997.
By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 97-28063 Filed 10-22-97; 8:45 am]
BILLING CODE 7905-01-P
