[Federal Register: October 31, 2006 (Volume 71, Number 210)]
[Notices]
[Page 63785-63786]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31oc06-78]
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DEPARTMENT OF LABOR
Employee Benefits Security Administration
Proposed Extension of Information Collection; Comment Request;
Summary Plan Description Requirements Under ERISA
AGENCY: Employee Benefits Security Administration, Department of Labor.
ACTION: Notice.
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SUMMARY: The Department of Labor (the Department), in accordance with
the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)),
provides the general public and Federal agencies with an opportunity to
comment on proposed and continuing collections of information. This
helps the Department assess the impact of its information collection
requirements and minimize the reporting burden on the public and the
public understand the Department's information collection requirements
and provide the requested data in the desired format. Currently, the
Employee Benefits Security Administration (EBSA) is soliciting comments
on a proposed extension of the current approval of information
collection provisions in the regulation pertaining to summary plan
description requirements under ERISA. A copy of the information
collection request (ICR) can be obtained by contacting the individual
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 January 2, 2007.
ADDRESSES: Direct all written comments to Susan G. Lahne, Office of
Policy and Research, Employee Benefits Security Administration, U.S.
Department of Labor, 200 Constitution Avenue, NW., Room N-5647,
Washington, DC 20210. Telephone: (202) 693-8410; Fax: (202) 219-4745.
These are not toll-free numbers. Comments may also be submitted
electronically to the following Internet e-mail address:
ebsa.opr@dol.gov.
SUPPLEMENTARY INFORMATION:
[[Page 63786]]
I. Background
Section 104(b) of the Employee Retirement Income Security Act of
1974 (ERISA) requires the administrator of an employee benefit plan to
furnish plan participants and certain beneficiaries with a Summary Plan
Description (SPD) that describes, in language understandable to an
average plan participant, the benefits, rights, and obligations of
participants in the plan. The information required to be contained in
the SPD is set forth in section 102(b) of ERISA. To the extent that
there is a material modification in the terms of the plan or a change
in the required content of the SPD, section 104(b)(1) of ERISA requires
the administrator to furnish participants and specified beneficiaries a
summary of material modifications (SMM) or summary of material
reductions (SMR). The Department of Labor (Department) has issued
regulations providing guidance on compliance with the requirements to
furnish SPDs, SMMs, and SMRs. These regulations, which are codified at
29 CFR 2520.102-2,102-3, and 29 CFR 104b-2 and 104b-3, contain
information collections for which the Department has obtained OMB
approval under the OMB Control No. 1210-0039. The current approval is
scheduled to expire on January 31, 2007, and the Department intends,
following receipt of comments pursuant to this notice, to submit an ICR
to OMB requesting an extension of its approval of these information
collections. The public is not required to respond to an information
collection unless it displays a valid control number. No change to the
existing ICR is being proposed or made at this time.
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; and
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., by
permitting electronic submissions of responses.
III. Current Actions
This notice requests comments on an extension of OMB's approval of
the information collections included in 29 CFR 2520.102-2,102-3, and 29
CFR 104b-2 and 104b-3. The Department is not proposing or implementing
changes to the existing ICR at this time. A summary of the ICR and the
current burden estimates follows:
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Summary Plan Description Requirements under ERISA.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0039.
Affected Public: Business or other for-profit; Not-for-profit
institutions.
Respondents: 900,000.
Responses: 50,000,000.
Estimated Total Burden Hours: 1,100,000.
Estimated Total Burden Cost (Operating and Maintenance):
$400,000,000.
Comments submitted in response to this notice will be summarized
and/or included in the request for OMB approval; they will also become
a matter of public record.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security
Administration.
[FR Doc. E6-18233 Filed 10-30-06; 8:45 am]
BILLING CODE 4510-29-P