[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Notices]
[Pages 37920-37923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15392]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection Requests Submitted 
for Public Comment: National Medical Support Notice--Part B, Etc.

AGENCY: Employee Benefits Security Administration, Department of Labor.

ACTION: Notice.

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Overview Information

    Proposed Extension of Information Collection Requests Submitted for 
Public Comment: National Medical Support Notice--Part B; Defined 
Benefit Plan Annual Funding Notice; Prohibited Transaction Class 
Exemptions for Multiple Employer Plans and Multiple Employer 
Apprenticeship Plans, PTE 76-1, PTE 77-10, PTE 78-6; Request to the 
Department of Labor for Expedited Review of Denial of COBRA Premium 
Reduction; Notice of Special Enrollment; Notice of Pre-Existing 
Condition Exclusion; Establishing Prior Creditable Coverage.

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 public's reporting burden. It also helps 
the public understand the Department's information collection 
requirements and provide the requested data in the desired format. The 
Employee Benefits Security Administration (EBSA) is soliciting comments 
on the proposed extension of the information collection requests (ICRs) 
contained in the documents described below. A copy of the ICRs may be 
obtained by contacting the office listed in the ADDRESSES section of 
this notice. ICRs also are available at reginfo.gov (http://www.reginfo.gov/public/do/PRAMain).

DATES: Written comments must be submitted to the office shown in the 
ADDRESSES section on or before August 24, 2012.

ADDRESSES: G. Christopher Cosby, 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).

[[Page 37921]]


SUPPLEMENTARY INFORMATION: This notice requests public comment on the 
Department's request for extension of the Office of Management and 
Budget's (OMB) approval of ICRs contained in the rules and prohibited 
transactions described below. With the exception of the National 
Medical Support Notice--Part B, the Department is not proposing any 
changes to the existing ICRs at this time. The minor changes the 
Department is proposing for the National Medical Support Notice--Part B 
are discussed under the Description of that ICR, below. An agency may 
not conduct or sponsor, and a person is not required to respond to, an 
information collection unless it displays a valid OMB control number. A 
summary of the ICRs and the current burden estimates follows:
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: National Medical Support Notice--Part B.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0113.
    Affected Public: Individuals or households; business or other for-
profit; not-for-profit institutions.
    Respondents: 433,000.
    Responses: 10,754,484.
    Estimated Total Burden Hours: 896,207.
    Estimated Total Burden Cost (Operating and Maintenance): 
$5,807,421.
    Description: Section 609(a) of the Employee Retirement Income 
Security Act of 1974, as amended (ERISA), requires each group health 
plan, as defined in ERISA section 607(1), to provide benefits in 
accordance with the applicable requirements of any ``qualified medical 
child support order'' (QMCSO). A QMCSO is, generally, an order issued 
by a state court or other competent state authority that requires a 
group health plan to provide group health coverage to a child or 
children of an employee eligible for coverage under the plan. In 
accordance with Congressional directives contained in the Child Support 
Performance and Incentive Act of 1998 (CSPIA), EBSA and the Federal 
Office of Child Support Enforcement (OCSE) in the Department of Health 
and Human Services (HHS) cooperated in the development of regulations 
to create a National Medical Support Notice (NMSN or Notice). The 
Notice simplifies the issuance and processing of qualified medical 
child support orders issued by state child support enforcement 
agencies, provides for standardized communication between state 
agencies, employers, and plan administrators, and creates a uniform and 
streamlined process for enforcement of medical child support 
obligations ordered by state child support enforcement agencies. The 
NMSN comprises two parts: Part A was promulgated by HHS and pertains to 
state child support enforcement agencies and employers; Part B was 
promulgated by the Department and pertains to plan administrators 
pursuant to ERISA. This solicitation of public comment relates only to 
Part B of the NMSN, which was promulgated by the Department. In 
connection with promulgation of Part B of the NMSN, the Department 
submitted an ICR to the Office of Management and Budget (OMB) for 
review, and OMB approved the information collections contained in Part 
B under OMB control number 1210-0113. OMB's approval of this ICR is 
scheduled to expire on October 31, 2012. HHS and DOL plan to revise the 
NMSN Parts A and B by October 2012, with minor changes. The revision 
will synchronize the expiration dates and make conforming changes to 
page 1 of the NMSN Part B to match the changes made to Part A by HHS in 
2011.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Defined Benefit Plan Annual Funding Notice.
    Type of Review: Extension of a currently approved information 
collection.
    OMB Number: 1210-0126.
    Affected Public: Individuals or households; business or other for-
profit institutions; not-for-profit institutions.
    Respondents: 30,458.
    Responses: 49,171,095.
    Estimated Total Burden Hours: 1,093,173.
    Estimated Total Burden Cost (Operating and Maintenance): 
$21,630,572.
    Description: Section 101(f) of the Employee Retirement Income 
Security Act of 1974 (ERISA) sets forth requirements applicable to 
furnishing annual funding notices. Before the enactment of the Pension 
Protection Act of 2006 (PPA), section 101(f) applied only to 
multiemployer defined benefit plans. The Department issued a final 
implementing regulation under this provision on January 11, 2006 (71 FR 
1904), which is codified at 29 CFR 2520.101-4.
    Section 501(a) of the PPA amended section 101(f) of ERISA and made 
significant changes to the annual funding notice requirements. These 
amendments require administrators of all defined benefit plans that are 
subject to title IV of ERISA, not only multiemployer plans, to provide 
an annual funding notice to the Pension Benefit Guaranty Corporation 
(PBGC), to each plan participant and beneficiary, to each labor 
organization representing such participants or beneficiaries, and, in 
the case of a multiemployer plan, to each employer that has an 
obligation to contribute to the plan. An annual funding notice must 
include, among other things, the plan's funding percentage, a statement 
of the value of the plan's assets and liabilities and a description of 
how the plan's assets are invested as of specific dates, and a 
description of the benefits under the plan that are eligible to be 
guaranteed by the PBGC.
    On February 10, 2009, the Department issued Field Assistance 
Bulletin (FAB) 2009-1 to provide interim guidance under section 101(f) 
of ERISA in order to assist plan administrators in discharging their 
obligations under the new annual funding notice requirements, including 
model notices plan administrators may use to satisfy the annual funding 
notice content requirements. The FAB provides that pending further 
guidance, the Department will, as a matter of enforcement policy, treat 
a plan administrator as satisfying the requirements of section 101(f), 
if the administrator complies with the guidance contained in the FAB 
and has acted in accordance with a good faith, reasonable 
interpretation of those requirements with respect to matters not 
specifically addressed in the FAB. The ICR, as revised by the FAB, 
expires on October 31, 2012. The Department issued proposed annual 
funding notice regulations on November 18, 2010 (75 FR 70625). Much of 
the guidance in FAB 2009-01 has been incorporated into the proposed 
regulations. The guidance contained in the FAB remains in effect until 
the Department adopts final regulations under section 101(f) of ERISA 
(or if the Department were to publish any other guidance under section 
101(f) other than final regulations).
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Prohibited Transaction Class Exemptions for Multiple 
Employer Plans and Multiple Employer Apprenticeship Plans, PTE 76-1, 
PTE 77-10, PTE 78-6.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0058.
    Affected Public: Business or other for-profit; not-for-profit 
institutions.
    Respondents: 4,230.
    Responses: 4,230.
    Estimated Total Burden Hours: 1,052.

[[Page 37922]]

    Estimated Total Burden Cost (Operating and Maintenance): $0.
    Description: This ICR covers information collections contained in 
three related prohibited transaction class exemptions: PTE 76-1, PTE 
77-10, and PTE 78-6. All three of these exemptions cover transactions 
that were recognized by the Department as being well-established, 
reasonable and customary transactions in which collectively bargained 
multiple employer plans (principally, multiemployer plans, but also 
including other collectively bargained multiple employer plans) 
frequently engage in order to carry out their purposes.
    PTE 76-1 provides relief, under specified conditions, for three 
types of transactions: (1) Part A of PTE 76-1 permits collectively 
bargained multiple employer plans to take several types of actions 
regarding delinquent or uncollectible employer contributions; (2) Part 
B of PTE 76-1 permits collectively bargained multiple employer plans, 
under specified conditions, to make construction loans to participating 
employers; and (3) Part C of PTE 76-1 permits collectively bargained 
multiple employer plans to share office space and administrative 
services, and the costs associated with such office space and services, 
with parties in interest. PTE 77-10 complements Part C of PTE 76-1 by 
providing relief from the prohibitions of subsection 406(b)(2) of ERISA 
with respect to collectively bargained multiple employer plans sharing 
office space and administrative services with parties in interest if 
specific conditions are met. PTE 78-6 provides an exemption to 
collectively bargained multiple employer apprenticeship plans for the 
purchase or leasing of personal property from a contributing employer 
(or its wholly owned subsidiary) and for the leasing of real property 
(other than office space within the contemplation of section 408(b)(2) 
of ERISA) from a contributing employer (or its wholly owned subsidiary) 
or an employee organization any of whose members' work results in 
contributions being made to the plan.
    Each of these PTEs requires, as part of its conditions, either 
written agreements, recordkeeping, or both. The Department has combined 
the information collection provisions of the three PTEs into one 
information collection request (ICR) because it believes that the 
public benefits from having the opportunity to collectively review 
these closely related exemptions and their similar information 
collections. The Department previously submitted an ICR to the Office 
of Management and Budget (OMB) for approval of the information 
collections in PTEs 76-1, 77-10, and 78-6 and received OMB approval 
under the OMB Control No. 1210-0058. The current approval is scheduled 
to expire on November 30, 2012.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Request to the Department of Labor for Expedited Review of 
Denial of COBRA Premium Reduction.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0135.
    Affected Public: Individuals or households; business or other for-
profit; not-for-profit institutions.
    Respondents: 15,400.
    Responses: 15,400.
    Estimated Total Burden Hours: 14,350.
    Estimated Total Burden Cost (Operating and Maintenance): $8,000.
    Description: The continuation coverage provisions of section 601 
through 608 of ERISA (and parallel provisions of the Internal Revenue 
Code (Code)) generally require group health plans to offer qualified 
beneficiaries' the opportunity to elect continuation coverage following 
certain events that would otherwise result in the loss of coverage. 
Continuation coverage is a temporary extension of the qualified 
beneficiary's previous group health coverage. The right to elect 
continuation coverage allows individuals to maintain group health 
coverage under adverse circumstances and to bridge gaps in health 
coverage that otherwise could limit their access to health care.
    COBRA provides the Secretary of Labor (the Secretary) with 
authority under section 608 of ERISA to carry out the continuation 
coverage provisions. The Conference Report that accompanied COBRA 
divided interpretive authority over the COBRA provisions between the 
Secretary and the Secretary of the Treasury (the Treasury) by providing 
that the Secretary has the authority to issue regulations implementing 
the notice and disclosure requirements of COBRA, while the Treasury is 
authorized to issue regulations defining the required continuation 
coverage.
    On February 17, 2009, President Obama signed the American Recovery 
and Reinvestment Act (ARRA) of 2009 (Pub. L. 111-5). Section 3001(a)(5) 
of ARRA provides that if individuals request treatment as an assistance 
eligible individual and are denied such treatment because of their 
ineligibility for COBRA continuation coverage, the Secretary of Labor 
must provide for expedited review of the denial upon application to the 
Secretary in the form and manner the Secretary provides. The Secretary 
of Labor is required to act in consultation with the Secretary of the 
Treasury and must make a determination within 15 business days after 
receipt of an individual's application for review.
    The Application is the form that will be used by individuals to 
file their expedited review appeals with EBSA. All of the information 
requested on the Application must be completed, and an Application may 
be denied if sufficient information is not provided. In certain 
situations, EBSA will have to contact plan administrators for 
additional information regarding an applicant's appeal of a denial of 
premium reduction. The Letter will be used for this purpose in cases 
where the Department has otherwise been unable to contact a plan 
administrator.
    On November 9, 2009, the Office of Management and Budget (OMB) 
approved the Application and the Letter under OMB Control Number 1210-
0135. The approval is scheduled to expire on November 30, 2012.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Notice of Special Enrollment.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0101.
    Affected Public: Business or other for-profit; not-for-profit 
institutions.
    Respondents: 2,757,800.
    Responses: 10,847,611.
    Estimated Total Burden Hours: 0.
    Estimated Total Burden Cost (Operating and Maintenance): $94,917.
    Description: Subsection (c) of 29 CFR 2590.701-6 requires group 
health plans to provide a notice describing the plan's special 
enrollment rules to each employee who is offered an initial opportunity 
to enroll in the group health plan. The special enrollment rules 
described in the notice of special enrollment generally provide 
enrollment rights to employees and their dependents in specified 
circumstances occurring after the employee or dependent initially 
declines to enroll in the plan. EBSA previously submitted an ICR 
concerning the notice of special enrollment to the Office of Management 
and Budget (OMB) for review under the PRA and received approval under 
OMB Control No. 1210-0101. The ICR approval is currently scheduled to 
expire on December 31, 2012.
    Agency: Employee Benefits Security Administration, Department of 
Labor.

[[Page 37923]]

    Title: Notice of Pre-Existing Condition Exclusion.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0102.
    Affected Public: Business or other for-profit; not-for-profit 
institutions.
    Respondents: 827,330.
    Responses: 4,683,541.
    Estimated Total Burden Hours: 6,661.
    Estimated Total Burden Cost (Operating and Maintenance): 
$1,319,664.
    Description: Regulation section 2590.701-3 requires group health 
plans imposing a pre-existing condition exclusion, and health insurance 
issuers offering group health insurance subject to a preexisting 
condition exclusion, to provide all participants under the plan a 
written general notice of the pre-existing condition and also to 
provide any affected individual a specific written notice describing 
the length of preexisting condition exclusion applicable to that 
individual under the plan after the plan or issuer has made a 
determination, for that individual, of creditable coverage. EBSA 
previously submitted an ICR with respect to these pre-existing 
condition exclusion notices to the Office of Management and Budget 
(OMB) for review under the PRA and received approval under OMB Control 
No. 1210-0102. The ICR approval is currently scheduled to expire on 
December 31, 2012.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Establishing Prior Creditable Coverage.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0103.
    Affected Public: Business or other for-profit; not-for-profit 
institutions.
    Respondents: 2,757,768.
    Responses: 19,593,756.
    Estimated Total Burden Hours: 88,066.
    Estimated Total Burden Cost (Operating and Maintenance): 
$13,830,615.
    Description: Subsection (a) of 29 CFR 2590.701-5 requires a group 
health plan and each health insurance issuer offering group health 
insurance coverage under a group health plan to furnish certificates of 
creditable coverage to specified individuals under specified 
circumstances. EBSA previously submitted an ICR concerning the 
requirement to provide certificates of creditable coverage to the 
Office of Management and Budget (OMB) for review under the PRA and 
received approval under OMB Control No. 1210-0103. The ICR approval is 
currently scheduled to expire on December 31, 2012.

II. Focus of Comments

    The Department is particularly interested in comments that:
     Evaluate whether the collections of information are 
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 
collections 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.
    Comments submitted in response to this notice will be summarized 
and/or included in the ICRs for OMB approval of the extension of the 
information collection; they will also become a matter of public 
record.

    Dated: June 18, 2012.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security 
Administration.
[FR Doc. 2012-15392 Filed 6-22-12; 8:45 am]
BILLING CODE 4510-29-P