[Federal Register Volume 67, Number 143 (Thursday, July 25, 2002)]
[Notices]
[Pages 48677-48678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18875]


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DEPARTMENT OF LABOR

Pension and Welfare Benefits Administration


Proposed Extension of Information Collection; Comment Request; 
ERISA Technical Release 91-1

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 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 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 extension of the information 
collection request (ICR) incorporated in its Technical Release 91-1 
related to the transfer of excess assets from a defined benefit plan to 
a

[[Page 48678]]

retiree health benefits account. A copy of the ICR may be obtained by 
contacting the office listed in the addresses section of this notice.

DATES: Written comments must be submitted to the office shown in the 
addresses section below on or before September 23, 2002.

ADDRESSES: 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) 693-8410; Fax: (202) 693 219-4745. These are not toll-free 
numbers.

SUPPLEMENTARY INFORMATION:

I. Background

    ERISA section 101(e) sets forth certain notice requirements which 
must be satisfied before an employer may transfer excess assets from a 
defined benefit plan to a retiree health benefits account as otherwise 
permissible after satisfying the conditions set forth in section 420 of 
the Internal Revenue Code of 1986, as amended (Code). Section 101(e)(1) 
describes the plan administrator's obligation to provide advance 
written notification of such transfers to participants and 
beneficiaries. Section 101(e)(2)(A) describes the employer's obligation 
to provide advance written notification to the Secretaries of Labor and 
Treasury, the administrator, and each employee organization 
representing participants in the plan. The requirements relating to 
advance notification of transfers to retiree health benefit accounts 
were added to ERISA as part of the Omnibus Budget Reconciliation Act of 
1990 (Pub. L. 101-508). The ICR included in ERISA Technical Release 91-
1 provides guidance on the type of information to be provided in the 
notices to both the participants and beneficiaries and to the 
Secretaries.

II. Desired Focus of Comments

    The 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 submission of responses.

III. Current Action

    This notice requests comments on the extension of the ICR included 
in ERISA Technical Release 91-1. The Department is not proposing or 
implementing changes to the existing ICR at this time.
    Type of Review: Extension of a currently approved collection of 
information.
    Agency: Pension and Welfare Benefits Administration, Department of 
Labor.
    Titles: ERISA Technical Release 91-1.
    OMB Number: 1210-0084.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 52.
    Frequency of Response: One time.
    Responses: 182,000.
    Estimated Total Burden Hours: 4,550.
    Total Burden Cost (Operating and Maintenance): $37,986.
    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: July 19, 2002.
Gerald B. Lindrew,
Deputy Director, Office of Policy and Research Pension and Welfare 
Benefits Administration.
[FR Doc. 02-18875 Filed 7-24-02; 8:45 am]
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