Proposed Extension of Information Collection Request Submitted
for Public Comment and Recommendations [Notices] [06/25/1998]
Proposed Extension of Information Collection Request Submitted
for Public Comment and Recommendations [06/25/1998]
Volume 63, Number 122, Page 34666-34667-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Pension and Welfare Benefits Administration
Proposed Extension of Information Collection Request Submitted
for Public Comment and Recommendations
ACTION: None.
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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 be properly assessed.
Currently, the Pension and Welfare Benefits Administration is
soliciting comments concerning the proposed extension of the collection
of information included in the employee benefit plan claims procedure
regulation issued pursuant to section 503 of the Employee Retirement
Income Security Act of 1974 (ERISA) (29 CFR 2560.503-1). A copy of the
proposed information collection request (ICR) can be obtained by
contacting the office listed below in the addressee section of this
notice.
DATES: Written comments must be submitted to the office listed in the
addressee section below on or before August 24, 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, DC 20210.
Telephone: (202) 219-4782 (this is not a toll-free number).
[[Page 34667]]
SUPPLEMENTARY INFORMATION:
I. Background
Section 503 of ERISA provides that, pursuant to regulations
promulgated by the Secretary of Labor, each employee benefit plan must
provide adequate notice in writing to any participant or beneficiary
whose claim for benefits under the plan has been denied. This notice
must set forth the specific reasons for the denial and must be written
in a manner calculated to be understood by the claimant. Each plan must
also afford a reasonable opportunity for any participant or beneficiary
whose claim has been denied to obtain a full and fair review of the
denial by the appropriate named fiduciary of the plan.
The Department previously issued a regulation pursuant to section
503 that establishes certain minimum requirements for employee benefit
plan procedures pertaining to claims. The ICR included in the claims
procedure regulation generally requires timely written disclosures to
participants and beneficiaries of employee benefit plans of information
concerning the plan's claims procedures, the basis for the denial of a
claim, and time limits for addressing or appealing the denial of a
claim. These requirements are intended to ensure that plan
administrators provide for a full and fair review of claims, and that
plan participants and beneficiaries have information which is
sufficient to allow them to exercise their rights under the plan.
II. Current Actions
The Office of Management and Budget's approval of this ICR will
expire on September 30, 1998. On September 8, 1997, the Department
published a Request for Information (September 8 RFI) (62 FR 47261)
concerning the advisability of amending the existing regulation that
establishes minimum requirements for employee benefit plan claims
procedures. In the Department's Semiannual Regulatory Agenda published
on April 27, 1998, the Pension and Welfare Benefits Administration
indicated its intention to publish a Notice of Proposed Rulemaking with
respect to employee benefit plan claims procedures in June, 1998 (63 FR
22240). While certain modifications to the claims procedure ICR may be
anticipated in connection with proposed revision of these rules,
estimates of burden associated with modifications currently under
consideration are not yet available. The burden estimates shown in this
notice are, therefore, based on the existing ICR.
To avoid unnecessary duplication of public comments, however, those
comments received in response to the September 8 RFI that address
burden associated with the claims procedure regulation will be treated
as comments on this ICR.
Agency: Department of Labor, Pension and Welfare Benefits
Administration.
Title: Benefit Claims Procedure regulation pursuant to 29 CFR
2560.503-1.
Type of Review: Extension of a currently approved collection.
OMB Numbers: 1210-0053.
Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
Total Respondents: 23,454.
Total Responses: 23,454.
Frequency of Response: On occasion.
Total Annual Burden: 7,063 hours.
Comments submitted in response to this comment request will be
summarized 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 22, 1998.
Gerald B. Lindrew,
Deputy Director, Pension and Welfare Benefits Administration, Office of
Policy and Research.
[FR Doc. 98-16939 Filed 6-24-98; 8:45 am]
BILLING CODE 4510-29-M
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