[Federal Register Volume 60, Number 105 (Thursday, June 1, 1995)]
[Rules and Regulations]
[Pages 28534-28535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13297]
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RAILROAD RETIREMENT BOARD
20 CFR Part 320
RIN 3220-AB06
Initial Determinations Under the Railroad Unemployment Insurance
Act and Reviews of and Appeals From Such Determinations
AGENCY: Railroad Retirement Board.
ACTION: Interim final rule.
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SUMMARY: The Railroad Retirement Board (Board) hereby amends its
regulations under the Railroad Unemployment Insurance Act (RUIA) to
enlarge the authority of Board district offices to make initial
determinations on claims for benefits under the RUIA.
EFFECTIVE DATE: June 1, 1995.
ADDRESSES: Submit comments to: 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: Section 320.6 of the Board's regulations
defines the term ``adjudicating office'' and prescribes the extent of
the authority of each such office to make determinations on claims for
benefits under the RUIA. Currently, Sec. 320.6(b) authorizes Board
district offices to make initial determinations only with respect to
certain issues of eligibility for unemployment benefits under the RUIA.
Those determination are made on applications and claims for
unemployment benefit received in connection with an employee's
registration for unemployment benefits under part 325 of this chapter.
Board district offices have not heretofore been authorized to make
determinations on claims for sickness benefits under the RUIA. However,
since sickness benefit claimants now file their claims with district
offices as part of an agency effort to improve the timeliness of claims
processing, the Board is authorizing district offices to make
determinations on two issues that often affect eligibility for sickness
benefits. The first issue is whether the claimant has filed his or her
claim for sickness benefits within the time limit prescribed in
Sec. 335.4(c) of part 335 of this chapter; the second issue is whether
the claimant has received any form of remuneration, as defined in part
322 of this chapter, with respect to any day claimed as a day of
sickness within the 14-day calendar period covered by the claim.
Previously, these determinations were made only in the Division of
Program Operations of the Bureau of Unemployment and Sickness
Insurance. Authorizing Board district offices to make these two types
of determinations will expedite the processing and payment of sickness
benefits to those persons found properly entitled to payment.
The Board is publishing these amendments as a final rule because
the amendments represent organizational changes only and do not affect
the substantive rights of any person claiming sickness benefits under
the RUIA. However, any person wishing to comment on the amendments may
do so within 30 days of the date of this publication in the Federal
Register.
The Board has determined, with the concurrence of the Office of
Management and Budget, that this is not a significant regulatory action
for purposes of Executive Order 12866. There are no information
collections associated with this rule.
List of Subjects in 20 CFR Part 320
Railroad employees, Railroad unemployment benefits.
For the reasons set out in the preamble, title 20, chapter II, part
320 of the Code of Federal Regulations is amended as follows:
PART 320--INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT
INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH DETERMINATIONS
1. The authority citation for part 320 continues to read as
follows:
Authority: 45 U.S.C. 355 and 362(1).
2. Section 320.6 is amended by revising paragraphs (b) and (d) to
read as follows:
Sec. 320.6 Adjudicating office.
* * * * *
(b) District offices. Board district offices are authorized to make
initial determinations on the following issues relating to eligibility
for unemployment or sickness benefits, as the case may be:
(1) Availability for work;
(2) Voluntary leaving of work, with or without good cause;
(3) Failure to accept work or apply for work or failure to report
to an employment office;
(4) Timely registration for unemployment benefits under Sec. 325.2
of this chapter and timely filing of claims for sickness benefits under
Sec. 335.4(c) of this chapter;
(5) Receipt of remuneration for claimed days of unemployment or
sickness, as the case may be;
(6) Mileage or work restrictions and stand-by or lay-over rules;
(7) Whether the claimant's unemployment is due to a strike.
* * * * *
(d) Division of Program Operations. The Division of Program
Operations, [[Page 28535]] Bureau of Unemployment and Sickness
Insurance, is authorized to make initial determinations on all issues
of eligibility for unemployment and sickness benefits as set forth in
paragraphs (b) and (c) of this section, and on any other issue not
reserved to the Director by paragraph (e) of this section.
* * * * *
Dated: May 23, 1995.
By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 95-13297 Filed 5-31-95; 8:45 am]
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