Proposed Extension of Information Collection Request Submitted
for Public Comment and Recommendations [Notices] [06/22/1998]
Proposed Extension of Information Collection Request Submitted
for Public Comment and Recommendations [06/22/1998]
Volume 63, Number 119, Page 33960[[Page 33960]]
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DEPARTMENT OF LABOR
Pension and Welfare Benefits Administration
Proposed Extension of Information Collection Request Submitted
for Public Comment and Recommendations
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 other 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) (44 U.S.C. 3506(c)(2)(A)). 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 by properly assessed.
Currently, the Pension and Welfare Benefits Administration is
soliciting comments concerning the proposed extension of the collection
of information included in the suspension of pension benefits
regulation issued pursuant to the authority of section 203(a)(3)(B) of
the Employee Retirement Income Security Act of 1974 (ERISA) which
governs the circumstances under which pension plans may suspend pension
benefits payments to retirees that return to work, or of participants
that continue to work beyond normal retirement age (29 CFR 2530.203-3).
The Department is particularly interested in comments which evaluate
the accuracy of the agency's estimate of the burden of the proposed
collection of information including the basis for any suggested
alternative burden estimates. A copy of the proposed information
collection request (ICR) can be obtained by contacting the office
listed below in the addresses section of this notice.
DATES: Written comments must be submitted to the office listed in the
addresses section below on or before August 21, 1998.
The Department of Labor is particularly interested in comments
which:
<bullet> 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;
<bullet> 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;
<bullet> Enhance the quality, utility, and clarity of the
information to be collected;
<bullet> 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.
ADDRESSES: Interested parties are invited to submit written comments
regarding the collection of information of any or all of the Agencies.
Send comments to Mr. Gerald B. Lindrew, Office of Policy and Research,
U.S. Department of Labor, Pension and Welfare Benefits Administration,
200 Constitution Avenue, NW., Room N-5647, Washington, D.C. 20210.
Telephone: (202) 219-4782 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION:
1. Background
Section 203(a)(3)(B) of ERISA governs the circumstances under which
pension plans may suspend pension benefit payments to retirees that
return to work or to participants that continue to work beyond normal
retirement age. Furthermore, section 203(a)(3)(B) of ERISA authorizes
the Secretary to prescribe regulations necessary to carry out the
provisions of this section.
In this regard, the Department previously issued a regulation which
described the circumstances and conditions under which plans may
suspend the pension benefits of retirees that return to work, or of
participants that continue to work beyond normal retirement age (29 CFR
2530.203-3). In order for a plan to suspend benefits pursuant to the
regulation, it must notify affected retirees or participants (by first
class mail or personal delivery) during the first calendar month or
payroll period in which the plan withholds payment, that benefits are
suspended. This notice must include the specific reasons for such
suspension, a general description of the plan provisions authorizing
the suspension, a copy of the relevant plan provisions, and a statement
indicating where the applicable regulations may be found, i.e. 29 CFR
2530.203-3. In addition, the suspension notification must inform the
retiree or participant of the plan's procedure for affording a review
of the suspension of benefits.
II. Current Actions
The Office of Management and Budget's approval of this ICR will
expire on September 30, 1998. This existing collection of information
should be continued because the requirement that retirees or
participants be notified in the event of suspension of benefits is
intended to protect their nonforfeitable right to their normal
retirement benefits. By informing retirees or participants of the
reasons for the suspension, the authority for the suspension, and the
plan's procedure for review of a suspension of benefits, retirees or
participants are informed of the status of their pension benefits and
are able to raise with the plan facts or issues which may be relevant
to determining whether a suspension of benefits is proper under the
circumstances.
Agency: Department of Labor, Pension and Welfare Benefits
Administration.
Title: Suspension of Benefits Regulation pursuant to 29 CFR
Sec. 2530.203-3.
Type of Review: Extension of a currently approved collection.
OMB Numbers: 1210-0048.
Affected Public: Indivdiuals of households; Business or other for-
profit; Not-for-profit institutions.
Total Respondents: 57,374.
Total Responses: 57,374.
Frequency of Response: On occasion.
Total Annual Burden: 14,343.5 hours.
Comments submitted in response to this comment request will be
summarize and/or included in the request for Office of Management and
Budget approval of the information collection request; they will also
become a matter of public record.
Dated: June 17, 1998.
Gerald B. Lindrew,
Deputy Director, Pension and Welfare Benefits Administration, Office of
Policy and Research.
[FR Doc. 98-16554 Filed 6-19-98; 8:45 am]
BILLING CODE 4510-29-M
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