[Federal Register Volume 68, Number 181 (Thursday, September 18, 2003)]
[Notices]
[Page 54742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23842]


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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