Railroad Board Rewrites Its Playbook for Potential Criminal Referrals
Published Date: 6/18/2025
Notice
Summary
The Railroad Retirement Board is updating how it handles possible criminal rule-breaking, following a new presidential order to fight overcriminalization. By May 9, 2026, they’ll report all criminal offenses they enforce, penalties, and proof standards to the government. This affects anyone dealing with railroad retirement rules and aims to make enforcement fairer and clearer, with no new fees or costs announced.
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Board must report criminal offenses to OMB
By May 9, 2026, the Railroad Retirement Board will give a report to the Office of Management and Budget listing all criminal regulatory offenses enforceable by the Board or the Department of Justice. The report will also list, for each offense, the range of possible criminal penalties and the mens rea (the state of mind that must be proven).
Factors for DOJ referral decisions
The Board announced staff should weigh specific factors before sending alleged regulatory crimes to the Department of Justice. These factors include the harm or risk of harm (including money), the possible gain to the accused, whether the accused had specialized knowledge or a related license, and evidence of the accused's awareness of the law or regulation.
Board sees no current criminal regulatory offenses
After an initial review, the Board said it has not identified any criminal regulatory offenses that it enforces and, therefore, does not expect to refer alleged violations to the Department of Justice or create new criminal regulatory offenses in the foreseeable future. The Board noted some rules restate statutory penalties or reference other law without defining a criminal regulatory offense.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Related Federal Register Documents
2026-22031, Proposed Collection; Comment Request
The Railroad Retirement Board wants your thoughts on how it collects info for railroad workers applying for unemployment benefits and job help. They’re checking if the forms and online options work well and don’t cause too much hassle. If you’re a railroad employee or help them, now’s the time to speak up before changes are made—no extra costs, just smoother paperwork!
2026-16250, Determining Disability
The Railroad Retirement Board amends its regulations to update the amount of monthly allowable earnings for a disability annuitant to reflect the formula in section 2(e)(4) of the Railroad Retirement Act. The existing regulation is no longer consistent with the statutory formula in the Railroad Retirement Act for the maximum monthly allowable earnings for a disability annuitant and is therefore facially unlawful.
2026-16251, Jurisdiction Determinations
The Railroad Retirement Board amends its regulations to reflect statutory amendments granting jurisdiction to the Board to pay benefits under the Railroad Retirement Act and under Title II of the Social Security Act to railroad employees and auxiliary beneficiaries who have less than ten years of railroad service, but at least five years after 1995. The amendment also adds divorced spouses to the list of auxiliary beneficiaries to whom the Board will pay benefits in accordance with controlling law. The existing regulation is no longer consistent with the statutory criteria in the Railroad Retirement Act for jurisdictional determinations and is therefore facially unlawful.
2026-14437, Proposed Collection; Comment Request
The Railroad Retirement Board wants your thoughts on updates to a form used when someone quits their job and applies for unemployment benefits. They’ve made some wording clearer and added a question about efforts to fix problems before leaving work. If you’re affected, these changes might save you time and help the agency get better info—comments are open now, so don’t miss your chance to weigh in!
2026-10206, Civil Monetary Penalty Inflation Adjustment
The Railroad Retirement Board announced that civil monetary penalties won’t go up in 2026 because the government couldn’t get the inflation data needed to adjust them. This means penalties will stay the same as in 2025, affecting anyone who might face fines under these rules. So, no surprise hikes next year—penalties hold steady, keeping things predictable!
2026-10078, Annuity Beginning and Ending Dates
If you’re a railroad worker with 30 years of service turning 60, good news! Starting June 22, 2026, you can begin your annuity without having to take a reduced monthly benefit like before. This change means more money in your pocket sooner, and it fixes old rules that didn’t match the law.
Previous / Next Documents
Previous: 2025-11215, Procurement List; Deletions
The government is removing some products and services from the special Procurement List that supports people who are blind or severely disabled. This change, effective July 20, 2025, means these items won’t be bought through nonprofit agencies anymore, but it won’t cause big problems for small businesses. It’s a smooth update to keep things running efficiently without extra costs or paperwork.
Next: 2025-11219, Applications for New Awards; Technical Assistance and Dissemination To Improve Services and Results for Children With Disabilities and Demonstration and Training Programs-National Technical Assistance Center on Transition for Students and Youth with Disabilities
The Department of Education is inviting applications for funding to support a National Technical Assistance Center that helps students and youth with disabilities transition successfully to adulthood. This grant opportunity opens June 18, 2025, with applications due by July 18, 2025, aiming to boost services and results through expert support and training. Organizations that assist kids with disabilities can apply to make a real difference with new resources and research-backed strategies.