Proposed Extension of Information Collection; Comment Request; Summary Plan Description Requirements Under ERISA, 62351-62352 [E9-28383]
Download as PDF
Federal Register / Vol. 74, No. 227 / Friday, November 27, 2009 / Notices
Arrangements and Certain Other
Entities that Offer or Provide Medical
Care to the Employees of Two or More
Employers. A copy of the Department’s
information collection request (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
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: ebsa.opr@dol.gov.
SUPPLEMENTARY INFORMATION:
sroberts on DSKD5P82C1PROD with NOTICES
I. Background
The Health Insurance Portability and
Accountability Act of 1996 (HIPAA),
codified as Part 7 of Title I of the
Employee Retirement Security Act of
1974 (ERISA), was enacted to improve
the portability and continuity of health
care coverage for participants and
beneficiaries of group health plans. In
the interest of assuring compliance with
Part 7, section 101(g) of ERISA, added
by HIPAA, further permits the Secretary
of Labor (the Secretary) to require
multiple employer welfare arrangements
(MEWAs), as defined in section 3(40) of
ERISA, to report to the Secretary in such
form and manner as the Secretary might
determine. The Department published a
final rule providing for such reporting
on an annual basis, together with a form
(Form M–1) to be used by MEWAs for
the annual report. The reporting
requirement enables the Secretary to
determine whether the requirements of
Part 7 of ERISA are being carried out.
EBSA submitted an ICR for the
information collection in Form M–1 to
the Office of Management and Budget
(OMB) for review and clearance in
connection with publication of the final
rule, and OMB approved the
information collection under OMB
control number 1210–0116. This
approval is scheduled to expire on
February 28, 2010. After considering
any comments received in response to
this notice, EBSA intends to submit an
ICR to OMB to request continuing
approval. The public is not required to
respond to an information collection
unless it displays a valid control
VerDate Nov<24>2008
18:08 Nov 25, 2009
Jkt 220001
number. No change to the existing ICR
is being proposed or made at this time.
DEPARTMENT OF LABOR
II. Desired Focus of Comments
62351
Employee Benefits Security
Administration
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 submission
of responses.
III. Current Action
This notice requests comments on an
extension of OMB’s approval of the
information collection included in Form
M–1. 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:
Type of Review: Extension of a
currently approved collection of
information.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Annual Report for Multiple
Employer Welfare Arrangements and
Certain Entities Claiming Exception
(Form M–1).
OMB Number: 1210–0116.
Affected Public: Business or other forprofit; Not-for-profit institutions.
Respondents: 741.
Frequency of Response: Annually.
Responses: 3,718.
Estimated Total Burden Hours: 2,336.
Total Burden Cost (Operating and
Maintenance): $143,650.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of the ICR; 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. E9–28384 Filed 11–25–09; 8:45 am]
BILLING CODE 4510–29–P
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
Proposed Extension of Information
Collection; Comment Request;
Summary Plan Description
Requirements Under ERISA
AGENCY: Employee Benefits Security
Administration, Department of Labor.
ACTION: Notice.
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: ebsa.opr@dol.gov.
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.
E:\FR\FM\27NON1.SGM
27NON1
62352
Federal Register / Vol. 74, No. 227 / Friday, November 27, 2009 / Notices
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.
sroberts on DSKD5P82C1PROD with NOTICES
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
VerDate Nov<24>2008
18:08 Nov 25, 2009
Jkt 220001
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 forprofit; 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
LEGAL SERVICES CORPORATION
Sunshine Act Meeting of the Board of
Directors and Four Board Committees
ACTION: Amended notice; changes to the
agenda of the Board of Directors
meeting.
DATE AND TIME: The Legal Services
Corporation (LSC) is announcing an
amendment to the notice of the Board of
Directors and four of the Board’s
Committee meetings scheduled for
Monday, November 30, 2009 ‘‘Notice’’.
The Notice was published on November
25, 2009, FR–DOC Number 2009–28333.
The amendments to the Notice are as
follows: On the agenda of the Board of
Directors meeting, item #6, ‘‘Consider
and act on the annual performance
evaluation of the Inspector General’’ is
moved from ‘‘Closed Session’’ to ‘‘Open
Session’’. Also on the Board of Directors
Meeting agenda there is a new item
added ‘‘Consider and act on proposed
use of the LSC President’s discretionary
fund’’ as item #8 (Open Session). The
items currently numbered 8, 9, & 10 are
therefore renumbered 9, 10, and 11,
respectively. There are no other changes
to the announcement cited above.
LOCATION: Legal Services Corporation,
3333 K Street, NW., Washington, DC
20007, 3rd Floor Conference Center.
PUBLIC OBSERVATION: For all meetings
and portions thereof open to public
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
observation, members of the public who
are unable to attend but wish to listen
to the proceedings may do so by
following the telephone call-in
directions given below. You are asked to
keep your telephone muted to eliminate
background noises. From time to time
the presiding Chairman may solicit
comments from the public.
CALL-IN DIRECTIONS FOR OPEN SESSIONS:
• Call toll-free number: 1–866–451–
4981;
• When prompted, enter the
following numeric pass code:
3899506694;
• When connected to the call, please
MUTE your telephone immediately.
MEETING SCHEDULE
Time
1. Joint Meeting of the Audit
Committee and Finance Committee ......................................
2. Governance & Performance
Review Committee ..................
3. Search Committee for an Interim LSC President ................
4. Board of Directors ..................
11 a.m.
Status of Meetings
Open, except as noted below:
• Joint Meeting of the Audit &
Finance Committees—A portion of the
meeting may be closed to the public
pursuant to a vote of the Board of
Directors so the committees may
consider and perhaps act on
recommendations related to how the
Corporation may proceed with selfcorrection of an independent contractor
issue and what related actions to take on
proposed resolutions concerning LSC’s
403(b) Thrift Plan and related
provisions of the Employee Handbook.
The Committees will also hear a briefing
by the Corporation’s independent
auditors regarding the status of LSC’s
fiscal year 2009 financial audit and their
preliminary findings.1 A verbatim
written transcript will be made of the
closed session of the meeting. However,
the transcript of any portions of the
closed session falling within the
relevant provisions of the Government
in the Sunshine Act, 5 U.S.C. 552b(c)(2)
and (9)(B), and the corresponding
provisions of the Legal Services
Corporation’s implementing regulation,
45 CFR 1622.5(a) and (g), will not be
available for public inspection. A copy
of the General Counsel’s Certification
1 Any portion of the closed session consisting
solely of briefings does not fall within the Sunshine
Act definition of the term ‘‘meeting’’ and, therefore,
the requirements of the Sunshine Act do not apply
to such portion of the closed session. 5 U.S.C.
552b(a)(2) and (b). See also 45 CFR 1622.2 and
1622.3.
E:\FR\FM\27NON1.SGM
27NON1
Agencies
[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Notices]
[Pages 62351-62352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28383]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
ebsa.opr@dol.gov.
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