Payments Pursuant to Court Decree or Court-Approved Property Settlement, 47044-47046 [E8-18439]
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Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Rules and Regulations
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979), and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
You can find our regulatory
evaluation and the estimated costs of
compliance in the AD Docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
I
2008–16–11 McDonnell Douglas:
Amendment 39–15629. Docket No.
FAA–2008–0497; Directorate Identifier
2007–NM–096–AD.
Effective Date
(a) This airworthiness directive (AD) is
effective September 17, 2008.
Affected ADs
(b) As specified in paragraph (g) of this AD,
this AD affects certain requirements of AD
93–01–15, amendment 39–8469.
hsrobinson on PROD1PC76 with RULES
Applicability
(c) This AD applies to McDonnell Douglas
Model DC–8–61, DC–8–61F, DC–8–63, DC–
8–63F, DC–8–71F, and DC–8–73F airplanes,
certificated in any category; as identified in
Boeing Alert Service Bulletin DC8–53A082,
dated February 6, 2007.
Unsafe Condition
(d) This AD results from reports of
numerous cases of cracks in the skin at the
door jamb corners of forward and aft service
doors. We are issuing this AD to detect and
correct fatigue cracking of door jamb corners
of the forward and aft service doors, which
could adversely affect the structural integrity
of the airplane.
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15:55 Aug 12, 2008
Jkt 214001
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Testing, Inspecting, Repairing, and Related
Investigative and Corrective Actions
(f) At the applicable compliance time and
repeat intervals listed in Tables 1 through 5
inclusive of paragraph 1.E., ‘‘Compliance,’’ of
Boeing Alert Service Bulletin DC8–53A082,
dated February 6, 2007; except where ‘‘the
service bulletin’’ specifies a compliance time
after the date on the service bulletin, this AD
requires compliance within the specified
compliance time after the effective date of
this AD: Do the actions specified in
paragraph (f)(1), (f)(2), or (f)(3) of this AD, as
applicable.
(1) For airplanes identified as Group 1,
Configurations 1 and 2, in the service
bulletin: Do the testing and related
investigative and corrective actions by
accomplishing all the applicable actions
specified in the Accomplishment
Instructions of the service bulletin.
(2) For airplanes identified as Group 1,
Configuration 3, in the service bulletin:
Inspect and repair discrepancies in
accordance with a method approved by the
Manager, Los Angeles Aircraft Certification
Office (ACO), FAA.
(3) For airplanes identified as Group 1,
Configuration 4, in the service bulletin: Do
the actions specified in paragraph (f)(3)(i) or
(f)(3)(ii) of this AD.
(i) Repair door jamb corners of the service
door using a method approved in accordance
with the procedures specified in paragraph
(h) of this AD.
(ii) Replace the previously repaired door
jamb corners with an applicable repair in
accordance with the Accomplishment
Instructions of the service bulletin.
Compliance With Certain Requirements of
AD 93–01–15
(g) Accomplishment of the applicable
actions required by paragraph (f) of this AD
constitutes compliance with certain
requirements of AD 93–01–15, as it pertains
to the affected areas of principal structural
elements 53.08.039 and 53.08.040 of
McDonnell Douglas Report No. L26–011,
‘‘DC–8 Supplemental Inspection Document
(SID),’’ dated December 1985.
Alternative Methods of Compliance
(AMOCs)
(h)(1) The Manager, Los Angeles ACO, has
the authority to approve AMOCs for this AD,
if requested in accordance with the
procedures found in 14 CFR 39.19.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD, if it is approved by an
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Fmt 4700
Sfmt 4700
Authorized Representative for the Boeing
Commercial Airplanes Delegation Option
Authorization Organization who has been
authorized by the Manager, Los Angeles
ACO, to make those findings. For a repair
method to be approved, the repair must meet
the certification basis of the airplane and 14
CFR 25.571, Amendment 45, and the
approval must specifically refer to this AD.
Material Incorporated by Reference
(i) You must use Boeing Alert Service
Bulletin DC8–53A082, dated February 6,
2007, to do the actions required by this AD,
unless the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Long Beach Division, 3855
Lakewood Boulevard, Long Beach, California
90846, Attention: Data and Service
Management, Dept. C1–L5A (D800–0024).
(3) You may review copies of the service
information incorporated by reference at the
FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington; or at
the National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on July 23,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–17743 Filed 8–12–08; 8:45 am]
BILLING CODE 4910–13–P
RAILROAD RETIREMENT BOARD
20 CFR Part 295
RIN 3220–AB61
Payments Pursuant to Court Decree or
Court-Approved Property Settlement
Railroad Retirement Board.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Railroad Retirement
Board (Board) amends its regulations
concerning partition of annuities
pursuant to a court decree or courtapproved property settlement in order
to incorporate provisions of the Pension
Protection Act of 2006, to make
corrections in the existing regulation,
and to update the regulation to reflect
changes in titles within the agency.
DATES: This rule will be effective August
13, 2008.
ADDRESSES: Beatrice Ezerski, Secretary
to the Board, Railroad Retirement Board,
844 N. Rush Street, Chicago, Illinois
60611–2092.
E:\FR\FM\13AUR1.SGM
13AUR1
Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Marguerite P. Dadabo, Assistant General
Counsel, (312) 751–4945, TTD (312)
751–4701.
hsrobinson on PROD1PC76 with RULES
SUPPLEMENTARY INFORMATION:
Retirement and disability annuities
under the Railroad Retirement Act are
composed of independently calculated
segments known as tiers. The tier I
amount combines both railroad and
non-railroad earnings, and is calculated
using social security benefit formulas.
The tier II amount is calculated under
different formulas, generally
representing railroad earnings alone. In
addition, some annuitants receive a dual
benefit component based on nonrailroad wages earned through
December 1974, or in some cases,
through an earlier date. Finally, career
railroad employees may receive a
supplemental annuity ranging from $23
to $43 per month.
Under section 14(b) of the Railroad
Retirement Act, the non-tier I portion of
a railroad retirement annuity may be
characterized as property subject to
partition in a proceeding for divorce,
annulment, or legal separation. Prior to
August 17, 2007, the effective date of
the Pension Protection Act of 2006,
Public Law 109–280, a partition
payment would terminate upon the
death of either the railroad employee or
the former spouse, whichever occurred
first, unless the court order provided for
termination at an earlier date. Section
1003 of Public Law 109–280 amended
the Railroad Retirement Act to provide
that a partition payment will only
terminate upon the employee’s death
when the court order requires such
termination. Consequently, unless the
court order requires termination of
payments upon the employee’s death,
tier II partition payments to divorced
spouses may now continue beyond the
employee’s death. While the change in
law does not allow for the reinstatement
of payments terminated prior to August
17, 2007, due to the death of the
employee prior to that date, the change
does mean that any divorced spouse
who was getting a partition payment as
of that date may continue to be paid a
tier II partition amount.
The Board amends Part 295 of its
regulations to reflect the changes made
by Public Law 109–280, to reflect
changes in certain titles of agency
employees, and to correct or clarify
certain references. Specifically, the
Board amends section 295.1, which
explains the purpose of Part 295, to
incorporate a reference to Public Law
109–280. Section 295.1(b)(3) is modified
to clarify references to certain annuity
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Jkt 214001
increases under section 3(f) of the
Railroad Retirement Act.
Section 295.2 is amended to include
a separate new definition of former
spouse and a revised separate definition
of spouse.
Section 295.4(a) is amended by the
addition of a new subparagraph (4) to
specify that unless a court order
expressly provides otherwise, a
partition order will be applied to any
annuity paid to an employee, whether
the employee has retired based on age
or based on disability.
The phrase ‘‘pertaining to the
employee’’ is added to the end of the
second sentence of section 295.4(c) and
to the end of the first sentence in section
295.4(d)(2) in order to clarify that the
Board’s records concerning the railroad
employee will be reviewed to determine
the most current address for each party
to a partition order.
A new subparagraph (4) is added to
section 295.5(f) to reflect the
amendment made by Public Law 109–
280 that allows continued payment of a
partition tier II to a former spouse if the
railroad employee dies on or after
August 17, 2007. Paragraphs 295.5(a)
and 295.5(f) are amended to include a
reference to the new subparagraph (4).
A new subparagraph (2) is added to
section 295.7(e) to clarify that an
erroneous payment to the employee may
occur if the Board has all required
documentation and due to clerical
oversight fails to withhold the amount
awarded by a court partition order.
Finally, references to ‘‘Deputy General
Counsel’’ and to the ‘‘Associate
Executive Director for Retirement
Claims’’ throughout Part 295 are
changed to ‘‘General Counsel’’ and
‘‘Director of Retirement Benefits’’
respectively in order to reflect title
changes within the agency. Several
minor corrections of capitalization and
grammar are also made.
The Board published the proposed
rule on March 6, 2008 (73 FR 12037)
and invited comments by May 5, 2008.
No comments were received.
Accordingly, the proposed rule is being
published as a final rule without
change.
The proposed rule was determined to
be a significant regulatory action and
was reviewed by the Office of
Management and Budget prior to its
publication in the Federal Register.
There are no changes to the information
collections associated with Part 295.
List of Subjects in 20 CFR Part 295
Railroad employees, Railroad
retirement.
I For the reasons set out in the
preamble, the Railroad Retirement
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47045
Board amends title 20, chapter II,
subchapter B, part 295 of the Code of
Federal Regulations as follows:
PART 295—PAYMENTS PURSUANT
TO COURT DECREE OR COURTAPPROVED PROPERTY SETTLEMENT
1. The authority citation for part 295
continues to read as follows:
I
Authority: 45 U.S.C. 231f; 45 U.S.C. 231m.
2. Section 295.1 is amended by
revising paragraph (a), the introductory
text of paragraph (b), and paragraph
(b)(3) to read as follows:
I
§ 295.1
Introduction.
(a) Purpose. This part implements
section 419 of Public Law 98–76 (97
Stat. 438), which amended section 14 of
the Railroad Retirement Act to provide
that, with respect to annuity amounts
payable for months beginning with
September 1983, the Board must comply
with a court decree of divorce,
annulment or legal separation, or with
the terms of any court-approved
property settlement incident to any such
decree, which characterizes specified
benefits as property subject to
distribution. This part also implements
section 1003 of Public Law 109–280
(120 Stat. 1053), which amended section
5 of the Railroad Retirement Act to
allow the payment of an employee’s tier
II benefit component awarded to a
former spouse as part of a property
distribution incident to a decree of
divorce, annulment, or legal separation
to continue after the employee’s death.
Garnishment of benefits for alimony or
child support is dealt with in part 350
of this chapter.
(b) Benefits subject to this part. Only
the following benefits or portions of
benefits under the Railroad Retirement
Act are subject to this part:
*
*
*
*
*
(3) Employee annuity increase as
provided under section 3(f) of the Act;
and
*
*
*
*
*
I 3. Section 295.2 is amended by adding
a new definition of ‘‘Former spouse’’
and by revising the definition of
‘‘spouse’’ to read as follows:
§ 295.2
Definitions.
*
*
*
*
*
Former spouse means the former
husband or wife of an employee who,
on or before the date of a court order,
was married to the employee and that
marriage has ended by final decree of
divorce, dissolution, or annulment.
*
*
*
*
*
Spouse means the husband or wife of
an employee who, on or before the date
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47046
Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Rules and Regulations
of a court order, was married to the
employee and that marriage has not
ended by final decree of divorce,
dissolution, or annulment.
place references to ‘‘General Counsel’’
in paragraph (g) and
I e. By adding a new paragraph (f)(4) to
read as follows:
§ 295.3
§ 295.5
[Amended]
4. Section 295.3, paragraph (d) is
amended by removing all references to
‘‘Deputy General Counsel’’ and adding
in their place references to ‘‘General
Counsel’’.
I 5. Section 295.4 is amended as
follows:
I a. By removing wherever they appear
all references to ‘‘Deputy General
Counsel’’ and adding in their place
references to ‘‘General Counsel’’.
I b. By removing all references to the
‘‘Associate Executive Director for
Retirement Claims’’ and adding in their
place references to the ‘‘Director of
Retirement Benefits’’.
I c. By removing ‘‘bs’’ and adding in its
place ‘‘be’’ in the second to last sentence
of paragraph (b)(2)(ii).
I d. By adding the phrase ‘‘pertaining to
the employee’’ at the end of the second
sentence of the introductory paragraph
of paragraph (c).
I e. By adding the phrase ‘‘pertaining to
the employee’’ at the end of the first
sentence of paragraph (d)(2).
I f. By capitalizing the word ‘‘Board’’ at
the end of the last sentence in paragraph
(d)(2).
I g. By capitalizing the word ‘‘Board’’ in
the last sentence of paragraph (d)(4).
I h. By adding the following new
paragraph (b)(4) to read as follows:
I
§ 295.4
Review of documentation.
hsrobinson on PROD1PC76 with RULES
*
*
*
*
*
(b) * * *
(4) Unless the order expressly
provides otherwise, the Board will
deduct the amount specified by the
order from any annuity paid to the
employee, whether the employee has
retired based on age or on disability.
*
*
*
*
*
I 6. Section 295.5 is amended as
follows:
I a. By adding in paragraph (a) the
phrase ‘‘, except as provided in
paragraph (f)(4) of this section,’’ in the
second sentence between the words
‘‘and’’ and ‘‘shall’’.
I b. By removing the phrase ‘‘in behalf’’
and adding in its place the phrase ‘‘on
behalf’’ in the first sentence of
paragraph (d).
I c. By adding the phrase ‘‘Except as
provided in paragraph (f)(4) of this
section’’ to the beginning of the first
sentence of the introductory text to
paragraph (f).
I d. By removing references to ‘‘Deputy
General Counsel’’ and adding in their
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15:55 Aug 12, 2008
Jkt 214001
Limitations.
*
*
*
*
*
(f) * * *
(4) If the employee dies on or after
August 17, 2007, a former spouse who
is receiving a portion of the employee’s
annuity pursuant to a court decree or
property settlement compliant with this
part may continue to receive a portion
of the employee’s tier II benefit
component unless the court decree or
property settlement requires such
payment to terminate upon the death of
the employee.
*
*
*
*
*
§ 295.6
[Amended]
7. Section 295.6 is amended as
follows:
I a. In paragraph (b) by removing
‘‘Deputy General Counsel’’ and adding
in its place ‘‘General Counsel’’, and by
removing all references to the
‘‘Associate Executive Director for
Retirement Claims’’ and adding in their
place references to ‘‘Director of
Retirement Benefits’’.
I b. By adding the word ‘‘a’’ to the first
sentence of paragraph (b) before the
word ‘‘request’’.
I c. By adding the word ‘‘a’’ to the first
sentence of paragraph (c) before the
word ‘‘signed’’.
I 8. Section 295.7 is amended by
redesignating paragraph (e) as paragraph
(e)(1) and adding a new paragraph (e)(2)
to read as follows:
I
§ 295.7
Miscellaneous.
*
*
*
*
*
(e) * * *
(2) Where all documentation required
by this part is in the Board’s records
pertaining to the employee prior to the
time the employee annuity is awarded,
but where the Board due to clerical
oversight fails to withhold the amount
awarded by the court order, then the
Board shall begin deduction from the
employee annuity with the month the
error is discovered, and shall pay the
amount which should have been
withheld pursuant to this part to the
spouse or former spouse. The amount
paid to the spouse or former spouse
representing months for which the
amount under the order was not timely
withheld shall be an erroneous payment
to the employee within the meaning of
section 10 of the Railroad Retirement
Act. This section shall not apply where
the Board has attempted to contact the
spouse or former spouse at the time the
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Frm 00020
Fmt 4700
Sfmt 4700
employee annuity is awarded pursuant
to § 295.4(d).
Dated: August 6, 2008.
By authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. E8–18439 Filed 8–12–08; 8:45 am]
BILLING CODE 7905–01–P
DEPARTMENT OF LABOR
Office of Labor-Management
Standards
29 CFR Part 215
RIN 1215–AB58
Amendment to Guidelines for
Processing Applications for
Assistance To Conform to Sections
3013(h) and 3031 of the Safe,
Accountable, Flexible, and Efficient
Transportation Equity Act—A Legacy
for Users and To Improve Processing
for Administrative Efficiency
Office of Labor-Management
Standards, Department of Labor.
ACTION: Final rule.
AGENCY:
SUMMARY: The Department of Labor
(‘‘Department’’), through the Office of
Labor-Management Standards
(‘‘OLMS’’), issued proposed changes to
its Guidelines for the Department’s
administration of the Secretary of
Labor’s (‘‘Secretary’’) responsibility
under the Federal transit law, 49 U.S.C.
5333(b). This document sets forth the
Department’s review of and response to
comments on the proposed revisions, as
well as the changes made to the
Guidelines in response to those
comments.
Pursuant to section 5333(b) of the
Federal transit law, the Department
must certify that, as a condition of
certain grants of Federal financial
assistance, fair and equitable labor
protective provisions are in place to
protect the interests of employees
affected by such Federal assistance. The
Department administers this program
through Guidelines set forth at 29 CFR
Part 215. The Department’s proposed
changes are intended to conform the
Guidelines to amendments to the
Federal transit law made by sections
3013(h) and 3031 of the Safe,
Accountable, Flexible, and Efficient
Transportation Equity Act—A Legacy
for Users (‘‘SAFETEA–LU’’), Public Law
No. 109–59, 119 Stat. 1144 (2005). In
addition to changes mandated by
statute, the Department proposed
revisions to the Guidelines that are
intended to enhance the speed and
E:\FR\FM\13AUR1.SGM
13AUR1
]]>Agencies
[Federal Register Volume 73, Number 157 (Wednesday, August 13, 2008)]
[Rules and Regulations]
[Pages 47044-47046]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18439]
=======================================================================
-----------------------------------------------------------------------
RAILROAD RETIREMENT BOARD
20 CFR Part 295
RIN 3220-AB61
Payments Pursuant to Court Decree or Court-Approved Property
Settlement
AGENCY: Railroad Retirement Board.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Railroad Retirement Board (Board) amends its regulations
concerning partition of annuities pursuant to a court decree or court-
approved property settlement in order to incorporate provisions of the
Pension Protection Act of 2006, to make corrections in the existing
regulation, and to update the regulation to reflect changes in titles
within the agency.
DATES: This rule will be effective August 13, 2008.
ADDRESSES: Beatrice Ezerski, Secretary to the Board, Railroad
Retirement Board, 844 N. Rush Street, Chicago, Illinois 60611-2092.
[[Page 47045]]
FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, Assistant
General Counsel, (312) 751-4945, TTD (312) 751-4701.
SUPPLEMENTARY INFORMATION: Retirement and disability annuities under
the Railroad Retirement Act are composed of independently calculated
segments known as tiers. The tier I amount combines both railroad and
non-railroad earnings, and is calculated using social security benefit
formulas. The tier II amount is calculated under different formulas,
generally representing railroad earnings alone. In addition, some
annuitants receive a dual benefit component based on non-railroad wages
earned through December 1974, or in some cases, through an earlier
date. Finally, career railroad employees may receive a supplemental
annuity ranging from $23 to $43 per month.
Under section 14(b) of the Railroad Retirement Act, the non-tier I
portion of a railroad retirement annuity may be characterized as
property subject to partition in a proceeding for divorce, annulment,
or legal separation. Prior to August 17, 2007, the effective date of
the Pension Protection Act of 2006, Public Law 109-280, a partition
payment would terminate upon the death of either the railroad employee
or the former spouse, whichever occurred first, unless the court order
provided for termination at an earlier date. Section 1003 of Public Law
109-280 amended the Railroad Retirement Act to provide that a partition
payment will only terminate upon the employee's death when the court
order requires such termination. Consequently, unless the court order
requires termination of payments upon the employee's death, tier II
partition payments to divorced spouses may now continue beyond the
employee's death. While the change in law does not allow for the
reinstatement of payments terminated prior to August 17, 2007, due to
the death of the employee prior to that date, the change does mean that
any divorced spouse who was getting a partition payment as of that date
may continue to be paid a tier II partition amount.
The Board amends Part 295 of its regulations to reflect the changes
made by Public Law 109-280, to reflect changes in certain titles of
agency employees, and to correct or clarify certain references.
Specifically, the Board amends section 295.1, which explains the
purpose of Part 295, to incorporate a reference to Public Law 109-280.
Section 295.1(b)(3) is modified to clarify references to certain
annuity increases under section 3(f) of the Railroad Retirement Act.
Section 295.2 is amended to include a separate new definition of
former spouse and a revised separate definition of spouse.
Section 295.4(a) is amended by the addition of a new subparagraph
(4) to specify that unless a court order expressly provides otherwise,
a partition order will be applied to any annuity paid to an employee,
whether the employee has retired based on age or based on disability.
The phrase ``pertaining to the employee'' is added to the end of
the second sentence of section 295.4(c) and to the end of the first
sentence in section 295.4(d)(2) in order to clarify that the Board's
records concerning the railroad employee will be reviewed to determine
the most current address for each party to a partition order.
A new subparagraph (4) is added to section 295.5(f) to reflect the
amendment made by Public Law 109-280 that allows continued payment of a
partition tier II to a former spouse if the railroad employee dies on
or after August 17, 2007. Paragraphs 295.5(a) and 295.5(f) are amended
to include a reference to the new subparagraph (4).
A new subparagraph (2) is added to section 295.7(e) to clarify that
an erroneous payment to the employee may occur if the Board has all
required documentation and due to clerical oversight fails to withhold
the amount awarded by a court partition order.
Finally, references to ``Deputy General Counsel'' and to the
``Associate Executive Director for Retirement Claims'' throughout Part
295 are changed to ``General Counsel'' and ``Director of Retirement
Benefits'' respectively in order to reflect title changes within the
agency. Several minor corrections of capitalization and grammar are
also made.
The Board published the proposed rule on March 6, 2008 (73 FR
12037) and invited comments by May 5, 2008. No comments were received.
Accordingly, the proposed rule is being published as a final rule
without change.
The proposed rule was determined to be a significant regulatory
action and was reviewed by the Office of Management and Budget prior to
its publication in the Federal Register. There are no changes to the
information collections associated with Part 295.
List of Subjects in 20 CFR Part 295
Railroad employees, Railroad retirement.
0
For the reasons set out in the preamble, the Railroad Retirement Board
amends 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
PROPERTY 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.
0
2. Section 295.1 is amended by revising paragraph (a), the introductory
text of paragraph (b), and paragraph (b)(3) to read as follows:
Sec. 295.1 Introduction.
(a) Purpose. This part implements section 419 of Public Law 98-76
(97 Stat. 438), which amended section 14 of the Railroad Retirement Act
to provide that, with respect to annuity amounts payable for months
beginning with September 1983, the Board must comply with a court
decree of divorce, annulment or legal separation, or with the terms of
any court-approved property settlement incident to any such decree,
which characterizes specified benefits as property subject to
distribution. This part also implements section 1003 of Public Law 109-
280 (120 Stat. 1053), which amended section 5 of the Railroad
Retirement Act to allow the payment of an employee's tier II benefit
component awarded to a former spouse as part of a property distribution
incident to a decree of divorce, annulment, or legal separation to
continue after the employee's death. Garnishment of benefits for
alimony or child support is dealt with in part 350 of this chapter.
(b) Benefits subject to this part. Only the following benefits or
portions of benefits under the Railroad Retirement Act are subject to
this part:
* * * * *
(3) Employee annuity increase as provided under section 3(f) of the
Act; and
* * * * *
0
3. Section 295.2 is amended by adding a new definition of ``Former
spouse'' and by revising the definition of ``spouse'' to read as
follows:
Sec. 295.2 Definitions.
* * * * *
Former spouse means the former husband or wife of an employee who,
on or before the date of a court order, was married to the employee and
that marriage has ended by final decree of divorce, dissolution, or
annulment.
* * * * *
Spouse means the husband or wife of an employee who, on or before
the date
[[Page 47046]]
of a court order, was married to the employee and that marriage has not
ended by final decree of divorce, dissolution, or annulment.
Sec. 295.3 [Amended]
0
4. Section 295.3, paragraph (d) is amended by removing all references
to ``Deputy General Counsel'' and adding in their place references to
``General Counsel''.
0
5. Section 295.4 is amended as follows:
0
a. By removing wherever they appear all references to ``Deputy General
Counsel'' and adding in their place references to ``General Counsel''.
0
b. By removing all references to the ``Associate Executive Director for
Retirement Claims'' and adding in their place references to the
``Director of Retirement Benefits''.
0
c. By removing ``bs'' and adding in its place ``be'' in the second to
last sentence of paragraph (b)(2)(ii).
0
d. By adding the phrase ``pertaining to the employee'' at the end of
the second sentence of the introductory paragraph of paragraph (c).
0
e. By adding the phrase ``pertaining to the employee'' at the end of
the first sentence of paragraph (d)(2).
0
f. By capitalizing the word ``Board'' at the end of the last sentence
in paragraph (d)(2).
0
g. By capitalizing the word ``Board'' in the last sentence of paragraph
(d)(4).
0
h. By adding the following new paragraph (b)(4) to read as follows:
Sec. 295.4 Review of documentation.
* * * * *
(b) * * *
(4) Unless the order expressly provides otherwise, the Board will
deduct the amount specified by the order from any annuity paid to the
employee, whether the employee has retired based on age or on
disability.
* * * * *
0
6. Section 295.5 is amended as follows:
0
a. By adding in paragraph (a) the phrase ``, except as provided in
paragraph (f)(4) of this section,'' in the second sentence between the
words ``and'' and ``shall''.
0
b. By removing the phrase ``in behalf'' and adding in its place the
phrase ``on behalf'' in the first sentence of paragraph (d).
0
c. By adding the phrase ``Except as provided in paragraph (f)(4) of
this section'' to the beginning of the first sentence of the
introductory text to paragraph (f).
0
d. By removing references to ``Deputy General Counsel'' and adding in
their place references to ``General Counsel'' in paragraph (g) and
0
e. By adding a new paragraph (f)(4) to read as follows:
Sec. 295.5 Limitations.
* * * * *
(f) * * *
(4) If the employee dies on or after August 17, 2007, a former
spouse who is receiving a portion of the employee's annuity pursuant to
a court decree or property settlement compliant with this part may
continue to receive a portion of the employee's tier II benefit
component unless the court decree or property settlement requires such
payment to terminate upon the death of the employee.
* * * * *
Sec. 295.6 [Amended]
0
7. Section 295.6 is amended as follows:
0
a. In paragraph (b) by removing ``Deputy General Counsel'' and adding
in its place ``General Counsel'', and by removing all references to the
``Associate Executive Director for Retirement Claims'' and adding in
their place references to ``Director of Retirement Benefits''.
0
b. By adding the word ``a'' to the first sentence of paragraph (b)
before the word ``request''.
0
c. By adding the word ``a'' to the first sentence of paragraph (c)
before the word ``signed''.
0
8. Section 295.7 is amended by redesignating paragraph (e) as paragraph
(e)(1) and adding a new paragraph (e)(2) to read as follows:
Sec. 295.7 Miscellaneous.
* * * * *
(e) * * *
(2) Where all documentation required by this part is in the Board's
records pertaining to the employee prior to the time the employee
annuity is awarded, but where the Board due to clerical oversight fails
to withhold the amount awarded by the court order, then the Board shall
begin deduction from the employee annuity with the month the error is
discovered, and shall pay the amount which should have been withheld
pursuant to this part to the spouse or former spouse. The amount paid
to the spouse or former spouse representing months for which the amount
under the order was not timely withheld shall be an erroneous payment
to the employee within the meaning of section 10 of the Railroad
Retirement Act. This section shall not apply where the Board has
attempted to contact the spouse or former spouse at the time the
employee annuity is awarded pursuant to Sec. 295.4(d).
Dated: August 6, 2008.
By authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. E8-18439 Filed 8-12-08; 8:45 am]
BILLING CODE 7905-01-P
