[Federal Register: August 12, 2005 (Volume 70, Number 155)]
[Notices]
[Page 47235]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au05-112]
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DEPARTMENT OF LABOR
Employee Benefits Security Administration
Proposed Extension of Information Collection Request Submitted
for Public Comment; Furnishing Documents to the Secretary of Labor on
Request Under ERISA Section 104(a)(6)
ACTION: Notice.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA
95) (44 U.S.C. 3506(c)(2)(A)), the Department of Labor (the Department)
conducts a preclearance consultation program so that the general public
and other federal agencies can comment on proposed and continuing
collections of information. This program helps to ensure that the data
the Department gathers arrive in the desired format, that the reporting
burden on the public (time and financial resources) is minimized, that
the public understands the collection instruments, and that the
Department can accurately assess the impact of collection requirements
on respondents.
By this notice, the Department is soliciting comments on the
information collection provisions of regulations pertaining to section
104(a)(6) of the Employee Retirement Income Security Act of 1974, as
amended (ERISA). The statute and the regulatory provisions codified at
29 CFR 2520.104a-8 require the administrator of an employee benefit
plan subject to part 1 of Title I of ERISA to furnish the Secretary of
Labor with certain documents relating to the plan upon request. A copy
of the information collection request (ICR) can be obtained by
contacting the office shown in the addresses section of this notice.
DATES: Written comments must be submitted to the office shown in the
addresses section on or before October 11, 2005.
ADDRESSES: Interested parties are invited to submit written comments
regarding the information collection request and burden estimates to:
Gerald B. Lindrew, Office of Policy and Research, U.S. Department of
Labor, Employee Benefits Security Administration, 200 Constitution
Avenue, NW., Room N-5647, Washington, DC 20210. Telephone: (202) 693-
8410; Fax: (202) 219-4745. These are not toll-free numbers.
SUPPLEMENTARY INFORMATION:
I. Background
The Taxpayer Relief Act of 1997 (TRA 97) eliminated the ERISA
requirement that employee benefit plan administrators file with the
Department copies of the summary plan descriptions and summaries of
material modifications that are required to be furnished to plan
participants and beneficiaries. TRA 97 added paragraph (6) to section
104(a) of ERISA which provides that the administrator of any employee
benefit plan subject to Part 1 of Title I of ERISA is required to
furnish to the Secretary of Labor, on request, any documents related to
the employee benefit plan. Prior to the TRA 97 amendments, ERISA
provided that certain documents be filed with the Department of Labor
to ensure that plan participants and beneficiaries would have a means
to obtain the documents without requesting them from the plan
administrator. The new section 104(a)(6) authorizes the Department to
request these documents on behalf of plan participants and
beneficiaries. The Department issued a final implementing guidance on
this matter on January 7, 2002 (67 FR 772). The ICR relating document
requests was approved following publication of the proposed rule on
August 5, 1999 (64 FR 42797). This approval will expire on December 31,
2005.
II. Desired Focus of Comments
The Department is particularly interested in comments that:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
Enhance the quality, utility, and clarity of the
information to be collected;
Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
III. Current Actions
The Employee Benefits Security Administration is requesting an
extension of the currently approved ICR for the Furnishing Documents to
the Secretary of Labor under ERISA section 104(a)(6). The Department is
not proposing or implementing changes to the regulation or to the
existing ICR. A summary of the ICR and the current burden estimates
follows:
Type of Review: Extension of a currently approved collection.
Agency: Department of Labor, Employee Benefits Security.
Administration
Title: Furnishing Documents to the Secretary of Labor on Request
under ERISA.
OMB Number: 1210-0112.
Frequency: On occasion.
Affected Public: Individuals or households; business or other for-
profit institutions; not-for-profit institutions.
Total Respondents: 1,000.
Total Responses: 1,000.
Estimated Total Burden Hours: 95.
Estimated Annual Burden Cost: $4,000.
Comments submitted in response to this notice will be summarized
and/or included in the request for OMB approval of the ICR. They will
also become a matter of public record.
Dated: August 5, 2005.
Gerald B. Lindrew,
Deputy Director, Office of Policy and Research, Employee Benefits
Security Administration.
[FR Doc. 05-16028 Filed 8-11-05; 8:45 am]
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