Proposed Extension of Information Collection Request Submitted
for Public Comment; Consent To Receive Employee Benefit Plan Disclosure
Electronically
[03/09/2005]
Volume 70, Number 45, Page 11699-11700
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DEPARTMENT OF LABOR
Employee Benefits Security Administration
Proposed Extension of Information Collection Request Submitted
for Public Comment; Consent To Receive Employee Benefit Plan Disclosure
Electronically
AGENCY: Employee Benefits Security Administration, Department of Labor.
ACTION: Notice.
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SUMMARY: The Department of Labor, as part of its continuing effort to
reduce paperwork and respondent burden, conducts a preclearance
consultation program to provide the general public and Federal agencies
with an opportunity to comment on proposed and continuing collections
of information in accordance with the Paperwork Reduction Act of 1995
(PRA 95). This program helps to ensure that requested data can be
provided in the desired format, reporting burden (time and financial
resources) is minimized, collection instruments are clearly understood,
and the impact of collection requirements on respondents can be
properly assessed. Currently, the Employee Benefits Security
Administration is soliciting comments on the proposed extension of an
information collection request (ICR) incorporated in the Final Rules
relating to the use of electronic communication and recordkeeping
technologies by employee pension and welfare benefit plans (29 CFR
2520.104b-1).
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 May 9, 2005.
ADDRESSES: Gerald B. Lindrew, Department of Labor, Employee Benefits
Security Administration, 200 Constitution Avenue NW., Washington, DC
20210, (202) 693-8410, Fax (202) 693-4745 (these are not toll-free
numbers).
SUPPLEMENTARY INFORMATION:
I. Background
The Department established a safe harbor pursuant to which all
pension and welfare benefit plans covered by Title I of ERISA may use
electronic media to satisfy disclosure obligations under Title I of
ERISA (29 CFR 2520.104b-1). Employee benefit plan administrators will
be deemed to satisfy their disclosure obligations when furnishing
documents electronically only if a participant who does not have access
to the employer's electronic information system in the normal course of
his duties, or a beneficiary or other person entitled to documents, has
affirmatively consented to receive disclosure documents. Prior to
consenting, the participant or beneficiary must also be provided with a
clear and conspicuous statement indicating the types of documents to
which the consent would apply, that consent may be withdrawn at any
time, procedures for withdrawing consent and updating necessary
information, the right to obtain a paper copy, and any hardware and
software requirements. In the event of a hardware or software change
that creates a material risk that the individual will be unable to
access or retain documents that were the subject of the initial
consent, the individual must be provided with information concerning
the revised hardware or software, and an opportunity to withdraw a
prior consent.
II. Review Focus
The Department of Labor (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., permitting
electronic submissions of responses.
III. Current Actions
The Office of Management and Budget's (OMB) approval of this ICR
will expire on May 31, 2005. After considering comments received in
response to this notice, the Department intends to submit the ICR to
OMB for continuing approval. No change to the existing ICR is proposed
or made at this time.
Comments submitted in response to this notice will be summarized
and/or
[[Page 11700]]
included in the request for OMB approval of the information collection
request; they will also become a matter of public record.
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Consent to Receive Employee Benefit Plan Disclosure
Electronically.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0121.
Affected Public: Business or other for-profit; Not-for-profit
institutions.
Respondents: 1000.
Responses: 1000.
Average Response time: 2 hours.
Estimated Total Burden Hours: 100.
Dated: March 3, 2005.
Gerald B. Lindrew,
Deputy Director, Office of Policy and Research, Employee Benefits
Security Administration.
[FR Doc. 05-4566 Filed 3-8-05; 8:45 am]
BILLING CODE 4510-29-P
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