Proposed Extension of Information Collection Request Submitted
for Public Comment and Recommendations; Suspension of Benefits
[12/02/2004]
Volume 69, Number 231, Page 70159-70160
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DEPARTMENT OF LABOR
Employee Benefits Security Administration
Proposed Extension of Information Collection Request Submitted
for Public Comment and Recommendations; Suspension of Benefits
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
[[Page 70160]]
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
(EBSA) is soliciting comments concerning the extension without change
of the information collection request (ICR) 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 benefit payments to retirees who return to work, or
of participants who continue to work beyond normal retirement age (29
CFR 2530.203-3).
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 January 31, 2005.
ADDRESSES: Interested parties are invited to submit written comments
regarding the collection of information. Send comments to Mr. 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) 693-4745 (These are not toll-free numbers).
SUPPLEMENTARY INFORMATION:
I. 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 issued a regulation which describes
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. 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 approval of this ICR will
expire on February 28, 2005. This notice requests comments on the
extension of the ICR. The Department is not proposing or implementing
changes to the existing ICR at this time in connection with this
extension. Comments submitted in response to this notice will be
summarized and/or included in the request for OMB approval of the
information collection request; they will also become a matter of
public record.
AGENCY: Department of Labor, Employee Benefits Security
Administration.
Title: Suspension of Benefits Regulation pursuant to 29 CFR
2530.203-3.
Type of Review: Extension of a currently approved collection.
OMB Number: 1210-0048.
Affected Public: Individuals or households; business or other for-
profit; not-for-profit institutions.
Total Respondents: 74,872.
Total Responses: 74,872.
Frequency of Response: On occasion.
Total Annual Burden: 18,718.
Total Burden Cost (Operating and Maintenance): $63,000.
Dated: November 24, 2004.
Gerald B. Lindrew,
Deputy Director, Office of Policy and Research, Employee Benefits
Security Administration.
[FR Doc. 04-26548 Filed 12-1-04; 8:45 am]
BILLING CODE 4510-29-P
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