SSA uses the information Form SSA-308 collects to determine exactly how much (if any) of a foreign pension may be used to reduce the amount of title II Social Security retirement or disability benefits under the modified benefit formula. The respondents are applicants for title II Social Security or disability benefits who have foreign pensions.
In this non-substantive change request, SSA is adding a new group of respondents - class members of the lawsuit Greenberg vs. Colvin.
US Code:
42 USC 415
Name of Law: Social Security Act
Greenberg, et al. v. Colvin, et al., Case No. 1:13-cv-01837-RMC, as a class action for settlement purposes under Federal Rule of Civil Procedure 23(b)(3). The class, as defined in the settlement agreement, is comprised of Social Security beneficiaries whose Social Security old age, survivors, and disability insurance benefits payments (OASDI Benefits) were reduced (or who were assessed overpayments) since September 3, 2004, through application of the Windfall Elimination Provision (WEP), based on their receipt of Old Age Benefits from the National Institute of Israel (NII Old-Age Benefits).
SSA plans to collect information relating to the Class member's pension(s) in the following ways: 1) via a dedicated PO Box which will be used as a repository for the submission of all documents, including the Settlement Review Request form, mailed by the Class member with respect to his or her request for a review of their record; 2) by responding to phone calls via the dedicated toll-free line with respect to his or her request for a review of their record; 3) by having an SSA employee key in information on Intranet and secure systems' screens, should the Class member visit his or her local field office; and 4) via correspondence or communication from Class Counsel on behalf of the Class member.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.