[Federal Register Volume 63, Number 119 (Monday, June 22, 1998)]
[Notices]
[Page 33960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16554]



[[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:
     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;
     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