[Federal Register: September 18, 2003 (Volume 68, Number 181)]
[Notices]
[Page 54742]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18se03-78]
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DEPARTMENT OF LABOR
Employee Benefits Security Administration
Proposed Extension of Information Collection Request Submitted
for Public Comment; 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 (Department), 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 the 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 November 17, 2003.
ADDRESSES: Gerald B. Lindrew, Office of Policy and Research, Employee
Benefits Security Administration, 200 Constitution Avenue NW.,
Washington, DC 20210, (202) 693-8410; FAX (202) 219-5333 (these are not
toll-free numbers).
SUPPLEMENTARY INFORMATION:
I. Background
Section 104(b) of the Employee Retirement Income Security Act of
1974 (ERISA) requires that the administrator of an employee benefit
plan furnish plan participants and certain beneficiaries with a Summary
Plan Description (SPD) which describes, in language understandable to
an average plan participant, the benefits and 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 the statute. 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) requires
that the administrator furnish participants and beneficiaries with a
summary of material modifications (SMM) or summary of material
reduction (SMR). Information collection requests pertaining to SPD and
SMM or SMR are found in regulations at 29 CFR 2520.102-2 and 102-3, and
29 CFR 104b-2 and 104b-3.
II. Review Focus
The Department is particularly interested in comments that:
[sbull] 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;
[sbull] 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;
[sbull] Enhance the quality, utility, and clarity of the
information to be collected; and
[sbull] 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 November 30, 2003. 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.
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: Individuals or households; 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 of the information
collection request; they will also become a matter of public record.
Dated: September 12, 2003.
Gerald B. Lindrew,
Deputy Director, Office of Policy and Research, Employee Benefits
Security Administration.
[FR Doc. 03-23842 Filed 9-17-03; 8:45 am]
BILLING CODE 4510-29-P