Culturally Significant Objects Imported for Exhibition Determinations: “Plants of Virtue and Rocks by a Stream” by Shitao, 51843 [2012-21019]
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Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Notices
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performed ‘‘as a member of the
uniformed services.’’
Statement as to How Petersen Differs
From the Agency’s Policy
The WEP is a modified formula for
calculating the retirement or disability
benefits of a person who receives a
pension from noncovered work (i.e.,
work that is not defined as employment
for Social Security purposes and where
Social Security taxes were not deducted
from the employee’s pay). The WEP
applies to persons who attain age 62 or
become eligible for disability benefits
after 1985 and who first become eligible
for a monthly payment (such as a civil
service pension) after 1985 ‘‘which is
based in whole or in part upon his or
her earnings for service which did not
constitute ‘employment’ as defined in’’
42 U.S.C. 410. 42 U.S.C.
415(a)(7)(A)(III). The WEP applies to
persons with noncovered employment
in the CSRS which includes the civilian
employment of a ‘‘dual status’’ National
Guard technician. A formula is used to
compute the person’s primary insurance
amount (PIA), which then is used to
compute the amount of the person’s
Social Security benefits. 42 U.S.C.
415(a)(7)(B); 20 CFR 404.213(c). The
formula results in a lower Social
Security benefit.
Congress amended the WEP in 1994
in Pub. L. 103–296, the Social Security
Independence and Program
Improvements Act of 1994 (the
Independence Act). Section 308 of the
Independence Act, codified at 42 U.S.C.
415(a)(7)(A)(III), created a new
exemption from the WEP, which applies
to ‘‘a payment based wholly on service
as a member of a uniformed service’’ as
defined in 42 U.S.C. 410(m). We
interpret the uniformed services
exception to the WEP to mean that only
monthly payments based on military
service are exempt from the WEP. Under
this interpretation, monthly payments
that are based on noncovered civilian
public employment, including that of
National Guard technicians who work
under the CSRS, are not exempt from
the WEP. Moreover, the effect of the
uniformed services exception to the
WEP and the regulatory provision found
at 20 CFR 404.213(e)(9) is to exempt
from the WEP only military retirement
pay based on reserve inactive duty
training (IDT). Other kinds of military
duty, such as active duty, already were
not subject to the WEP because they
have been covered employment since
1956. The WEP does not apply to
noncovered work before 1957.
The legislative history of the
uniformed services exception to the
WEP explains that the purpose of the
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exception was to exempt military retired
pay, based on noncovered IDT military
duty, from application of the WEP. The
exception was not intended to exempt
any pension based on civilian work
from application of the WEP. The Court
of Appeals declined to consider the
legislative history of the uniformed
services exception because it found
there was no ambiguity to the
uniformed services exception.
Explanation of How SSA Will Apply the
Petersen Decision Within the Circuit
Social Security old-age or disability
applicants and beneficiaries who
receive a CSRS pension based on
noncovered work as dual status
National Guard technicians, and who
are permanent legal residents of a State
within the Eighth Circuit, should have
their Social Security benefits computed
using the normal PIA, rather than the
WEP PIA described in 42 U.S.C.
415(a)(7) of the Act. A decisionmaker
should not apply this AR to an
applicant or beneficiary who is not a
permanent legal resident of a State
within the Eighth Circuit at the time of
making the determination or decision to
apply the WEP. Before we determine
that the WEP does not apply, we must
have evidence that an applicant’s or
beneficiary’s CSRS pension is based on
service as a dual status civilian
technician with the National Guard.
[FR Doc. 2012–21065 Filed 8–24–12; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF STATE
[Public Notice 7994]
Culturally Significant Objects Imported
for Exhibition Determinations: ‘‘Plants
of Virtue and Rocks by a Stream’’ by
Shitao
ACTION:
Notice, correction.
On August 14, 2012, notice
was published on pages 48582–3 of the
Federal Register (volume 77, number
157) of determinations made by the
Department of State pertaining to the
object ‘‘Plants of Virtue and Rocks by a
Stream’’ by Shitao. The referenced
notice is corrected here to change the
name of the exhibition in which that
object will appear to ‘‘The Artful
Recluse: Painting, Poetry, and Politics in
17th-Century China’’.
FOR FURTHER INFORMATION CONTACT: For
further information, including a listing
of the exhibit object, contact Ona M.
Hahs, Attorney-Adviser, Office of the
Legal Adviser, U.S. Department of State
(telephone: 202–632–6473). The mailing
SUMMARY:
PO 00000
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51843
address is U.S. Department of State, SA–
5, L/PD, Fifth Floor (Suite 5H03),
Washington, DC 20522–0505.
Dated: August 21, 2012.
J. Adam Ereli,
Principal Deputy Assistant Secretary, Bureau
of Educational and Cultural Affairs,
Department of State.
[FR Doc. 2012–21019 Filed 8–24–12; 8:45 am]
BILLING CODE 4710–05–P
DEPARTMENT OF TRANSPORTATION
[Docket No. FRA 2012–0006–N–10]
Information Collection Requirements
(ICRs) Forwarded to the Office of
Management and Budget (OMB);
Request for Comments.
Federal Railroad
Administration, DOT.
ACTION: Notice and request for
comments.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice
announces that the Information
Collection Requirements (ICRs)
abstracted below have been forwarded
to the Office of Management and Budget
(OMB) for review and comment. The
ICRs describes the nature of the
information collection and their
expected burden. The Federal Register
notice with a 60-day comment period
soliciting comments on the following
collection of information was published
on June 12, 2012 (77 FR 35106).
DATES: Comments must be submitted on
or before September 26, 2012.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Office of Safety,
Planning and Evaluation Division, RRS–
21, Federal Railroad Administration,
1200 New Jersey Ave. SE., Mail Stop 17,
Washington, DC 20590 (telephone: (202)
493–6292), or Ms. Kimberly Toone,
Office of Information Technology, RAD–
20, Federal Railroad Administration,
1200 New Jersey Ave. SE., Mail Stop 35,
Washington, DC 20590 (telephone: (202)
493–6132). (These telephone numbers
are not toll-free.)
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13, Section 2,
109 Stat. 163 (1995) (codified as revised
at 44 U.S.C. 3501–3520), and its
implementing regulations, 5 CFR Part
1320, require Federal agencies to issue
two notices seeking public comment on
information collection activities before
OMB may approve paperwork packages.
44 U.S.C. 3506, 3507; 5 CFR 1320.5,
1320.8(d)(1), 1320.12. On June 12, 2012,
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 166 (Monday, August 27, 2012)]
[Notices]
[Page 51843]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21019]
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DEPARTMENT OF STATE
[Public Notice 7994]
Culturally Significant Objects Imported for Exhibition
Determinations: ``Plants of Virtue and Rocks by a Stream'' by Shitao
ACTION: Notice, correction.
-----------------------------------------------------------------------
SUMMARY: On August 14, 2012, notice was published on pages 48582-3 of
the Federal Register (volume 77, number 157) of determinations made by
the Department of State pertaining to the object ``Plants of Virtue and
Rocks by a Stream'' by Shitao. The referenced notice is corrected here
to change the name of the exhibition in which that object will appear
to ``The Artful Recluse: Painting, Poetry, and Politics in 17th-Century
China''.
FOR FURTHER INFORMATION CONTACT: For further information, including a
listing of the exhibit object, contact Ona M. Hahs, Attorney-Adviser,
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6473). The mailing address is U.S. Department of State, SA-5, L/PD,
Fifth Floor (Suite 5H03), Washington, DC 20522-0505.
Dated: August 21, 2012.
J. Adam Ereli,
Principal Deputy Assistant Secretary, Bureau of Educational and
Cultural Affairs, Department of State.
[FR Doc. 2012-21019 Filed 8-24-12; 8:45 am]
BILLING CODE 4710-05-P
