[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Notices]
[Pages 62351-62352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28383]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection; Comment Request; 
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 (the Department), in accordance with 
the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)), 
provides the general public and Federal agencies with an opportunity to 
comment on proposed and continuing collections of information. This 
helps the Department assess the impact of its information collection 
requirements and minimize the reporting burden on the public and the 
public understand the Department's information collection requirements 
and provide the requested data in the desired format. Currently, the 
Employee Benefits Security Administration (EBSA) is soliciting comments 
on a proposed extension of the current approval of information 
collection provisions in the regulation pertaining to 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 January 26, 2010.

ADDRESSES: Direct all written comments to G. Christopher Cosby, Office 
of Policy and Research, Employee Benefits Security Administration, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Room N-5647, 
Washington, DC 20210. Telephone: (202) 693-8410; Fax: (202) 219-4745. 
These are not toll-free numbers. Comments may also be submitted 
electronically to the following Internet e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 104(b) of the Employee Retirement Income Security Act of 
1974 (ERISA) requires the administrator of an employee benefit plan to 
furnish plan participants and certain beneficiaries with a Summary Plan 
Description (SPD) that describes, in language understandable to an 
average plan participant, the benefits, rights, and obligations of 
participants in the plan.

[[Page 62352]]

The information required to be contained in the SPD is set forth in 
section 102(b) of ERISA. 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) of ERISA requires the 
administrator to furnish participants and specified beneficiaries a 
summary of material modifications (SMM) or summary of material 
reductions (SMR). The Department of Labor (Department) has issued 
regulations providing guidance on compliance with the requirements to 
furnish SPDs, SMMs, and SMRs. These regulations, which are codified at 
29 CFR 2520.102-2, 102-3, and 29 CFR 104b-2 and 104b-3, contain 
information collections for which the Department has obtained OMB 
approval under the OMB Control No. 1210-0039. The current approval is 
scheduled to expire on March 31, 2010, and the Department intends, 
following receipt of comments pursuant to this notice, to submit an ICR 
to OMB requesting an extension of its approval of these information 
collections. The public is not required to respond to an information 
collection unless it displays a valid control number. No change to the 
existing ICR is being proposed or made at this time.

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., by 
permitting electronic submissions of responses.

III. Current Actions

    This notice requests comments on an extension of OMB's approval of 
the information collections included in 29 CFR 2520.102-2, 102-3, and 
29 CFR 104b-2 and 104b-3. The Department is not proposing or 
implementing changes to the existing ICR at this time. A summary of the 
ICR and the current burden estimates follows:
    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: 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; they will also become 
a matter of public record.

    Dated: November 9, 2009.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security 
Administration.
[FR Doc. E9-28383 Filed 11-25-09; 8:45 am]
BILLING CODE 4510-29-P