Agency clarified the process and purpose for collecting the information.
Inventory as of this Action
Requested
Previously Approved
12/31/2023
36 Months From Approved
600
0
0
388
0
0
0
0
0
Section 7(b) (6) of the Railroad Retirement Act (45 USC 231f(c)(2)) requires a financial interchange between the SSA, CMS, and the RRB trust funds. The collection obtains non-qualified stock options and ratification payments for railroad employees. The information is used to calculate the correct payroll taxes and benefits that would have been paid to place the OASIDI and CMS trust funds in the same condition they would have been had railroad employment been covered by the SS and FIC acts.
This is a new collection prompted by court ruling, Wisconsin Central Ltd. v. U.S., which determined that non-qualified stock options are not taxable and ruling, Union Pacific Railroad Co. v. U.S., which the Eight Circuit Court of Appeals determined certain ratification payments were taxable. The RRB now requires railroad employer to provide non-qualified stock options and any ratification payments to railroad employees. The burden increase is due to the RRB estimating the number of respondents and the time it would take to compete and submit the proposed form to the RRB.
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.