[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Notices]
[Pages 8978-8979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5236]



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DEPARTMENT OF LABOR

Office of the Secretary


Submission for OMB Emergency Review; Comment Request

March 1, 1996.
    The Department of Labor has submitted the following (see below) 
information collection request (ICR), utilizing emergency review 
procedures, to the Office of Management and Budget (OMB) for review and 
clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. 
L. 104-13, 44 U.S.C. Chapter 35). OMB approval has been requested by 
March 7, 1996. A copy of this ICR, with applicable supporting 
documentation, may be obtained by calling the Department of Labor 
Acting Departmental Clearance Officer, Theresa M. O'Malley ([202] 219-
5095).
    Comments and questions about the ICR listed below should be 
forwarded to the Office of Information and Regulatory Affairs, Attn: 
OMB Desk Officer for the Pension and Welfare Benefits Administration, 
Office of Management and Budget, Room 10235, Washington, DC 20503 
([202] 395-7316).
    The Office of Management and Budget is particularly interested in 
comments which:
    * 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.
    Agency: Pension and Welfare Benefits Administration.
    Title: Notice of Conditional Compliance Program.
    Frequency: On occasion.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Number of Respondents: 1,722.
    Estimated Time Per Respondent: 1 hour.
    Total Burden Hours: 1,722.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintaining): 0.
    Description: The Department of Labor (the Department) is proposing 
to adopt the Pension Payback Program which is designed to benefit 
workers by encouraging employers to restore delinquent participant 
contributions plus earnings to pension plans. This program is targeted 
at persons who failed to transfer participant contributions to pension 
plans defined under section 3(2) of the Employee Retirement Income 
Security Act of 1974 (the Act), including section 401(k) plans, within 
the timeframes mandated by the Department's regulations, and thus 
violated title of the Act.
    The conditional compliance program is available to certain persons 
who voluntarily restore delinquent participant contributions to pension 
plans. Those who comply with the terms of the program will avoid 
potential ERISA civil actions initiated by the Department, the 
assessment of civil penalties under section 502(l) of the Act and 
Federal criminal prosecutions arising from their failure to timely 
remit such contributions and non-disclosure of the non-remittance. As 
part of this compliance program, notice to the Department is required 
as well as the provision of certain information to affected 
participants.
    On a temporary basis, pending promulgation by the Department of the 
final class exemption setting forth the conditions for retroactive 
relief, the Department will not pursue enforcement against persons who 
comply with the conditions of the Program with respect to any 
prohibited transaction liability which may have arisen as a result of a 
delay in forwarding participant contributions. The Internal Revenue 
Service has advised the Department that it will not seek to impose the 
Internal Revenue Code section 4975(a) and (b) sanctions with respect to 
any prohibited transaction that is covered by the proposed class 
exemption, notwithstanding any subsequent changes to the proposed 
exemption when it is finalized, provided that all requirements 
specified in the proposed class exemption have been met.

[[Page 8979]]

    A notice of proposed exemption which, when finalized, will replace 
the non-enforcement policy, will be published in the Federal Register 
on the same date as the announcement of the program. It is contemplated 
that the proposed exemption will require, in part, compliance with the 
notice and informational requirements of the conditional compliance 
program. Participation in the program will be available to persons who 
rely on the proposed exemption notwithstanding any subsequent 
modifications to the final exemption.
Cheryl A. Robinson,
Acting Departmental Clearance Officer.
[FR Doc. 96-5236 Filed 3-5-96; 8:45 am]
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