[Federal Register Volume 68, Number 193 (Monday, October 6, 2003)]
[Notices]
[Pages 57711-57712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25267]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection Request Submitted 
for Public Comment; Employee Benefit Plan Claims Procedures Under ERISA

AGENCY: Employee Benefits Security Administration, Department of Labor.

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). 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 
information collection request (ICR) incorporated in regulations 
pertaining to Employee Benefit Plan Claims Procedures under the 
Employee Retirement Income Security Act of 1974 (ERISA).
    A copy of the (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 December 5, 2003.

ADDRESSES: Gerald B. Lindrew, Department of Labor, Employee Benefits 
Security Administration, 200 Constitution Avenue, NW., Washington, DC 
20210, (202) 693-8410, FAX (202) 693-4745 (these are not toll-free 
numbers).

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 503 of ERISA provides that, pursuant to regulations 
promulgated by the Secretary of Labor, each employee benefit plan shall 
provide notice in writing to any participant or beneficiary whose claim 
for benefits under the plan has been denied. This notice must set forth 
the specific reasons for the denial and must be written in a manner 
calculated to be understood by the claimant. Plans must also afford a 
reasonable opportunity for a participant or beneficiary whose claim has 
been denied to obtain a full and fair review of the denial by the 
appropriate named fiduciary.
    The Department first issued regulations pertaining to claims 
procedures in 1977. These procedures were subsequently amended by a 
Notice of Final Rulemaking published on November 21, 2000 (65 FR 
70246). The regulatory provisions pursuant to ERISA section 503 are 
codified at 29 CFR 2560.503-1. These regulations require the 
establishment of reasonable claims procedures, and describe the timing 
and content of notices and disclosures that will be deemed to 
constitute part of a reasonable claims procedure.

II. Review Focus

    The Department of Labor (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 is 
scheduled to 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.

[[Page 57712]]

    Title: Employee Benefit Plan Claims Procedures under ERISA.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0053.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 6,700,000.
    Responses: 118,000,000.
    Estimated Total Burden Hours: 333,000.
    Estimated Total Burden Cost (Operating and Maintenance): 
$90,000,000.
    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 30, 2003.
Gerald B. Lindrew,
Deputy Director, Office of Policy and Research, Employee Benefits 
Security Administration.
[FR Doc. 03-25267 Filed 10-3-03; 8:45 am]
BILLING CODE 4510-29-P