[Federal Register Volume 63, Number 68 (Thursday, April 9, 1998)]
[Rules and Regulations]
[Pages 17326-17327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9359]
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RAILROAD RETIREMENT BOARD
20 CFR Part 216
RIN: 3220-AB27
Eligibility for an Annuity
AGENCY: Railroad Retirement Board.
ACTION: Final Rule.
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SUMMARY: The Railroad Retirement Board (Board) amends 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
changes reflect the current trend in most States and jurisdictions to
recognize home schooling and independent study programs as comparable
to traditional education.
EFFECTIVE DATE: May 11, 1998.
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 regulations under the Social Security Act (20 CFR
404.367) defined a full-time student as an individual enrolled in an
educational institution that included 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 38361 (1996). The Board, therefore,
amends 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 rule was published as a proposed rule October 23, 1997 (62 FR
55196), requesting comments on or before December 22, 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 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 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 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 (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
[[Page 17327]]
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; or
(3) The student is not attending classes, but is graduating in that
month and classes ended the month before.
(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 full time 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: April 2, 1998.
By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 98-9359 Filed 4-8-98; 8:45 am]
BILLING CODE 7905-01-P
