Proposed Extension of Information Collection Request Submitted for Public Comment and Recommendations

DEPARTMENT OF LABOR

Pension and Welfare Benefits Administration

Proposed Extension of Information Collection Request Submitted

for Public Comment and Recommendations

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 other 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) (44 U.S.C. 3506(c)(2)(A)). 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 by properly assessed.

Currently, the Pension and Welfare Benefits Administration is

soliciting comments concerning the proposed extension of the collection

of information included in the suspension of pension benefits

regulation issued pursuant to the authority of section 203(a)(3)(B) of

the Employee Retirement Income Security Act of 1974 (ERISA) which

governs the circumstances under which pension plans may suspend pension

benefits payments to retirees that return to work, or of participants

that continue to work beyond normal retirement age (29 CFR 2530.203-3).

The Department is particularly interested in comments which evaluate

the accuracy of the agency's estimate of the burden of the proposed

collection of information including the basis for any suggested

alternative burden estimates. A copy of the proposed information

collection request (ICR) can be obtained by contacting the office

listed below in the addresses section of this notice.

DATES: Written comments must be submitted to the office listed in the

addresses section below on or before August 21, 1998.

The Department of Labor is particularly interested in comments

which:

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;

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 submission of responses.

ADDRESSES: Interested parties are invited to submit written comments

regarding the collection of information of any or all of the Agencies.

Send comments to Mr. Gerald B. Lindrew, Office of Policy and Research,

U.S. Department of Labor, Pension and Welfare Benefits Administration,

200 Constitution Avenue, NW., Room N-5647, Washington, D.C. 20210.

Telephone: (202) 219-4782 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION:

1. Background

Section 203(a)(3)(B) of ERISA governs the circumstances under which

pension plans may suspend pension benefit payments to retirees that

return to work or to participants that continue to work beyond normal

retirement age. Furthermore, section 203(a)(3)(B) of ERISA authorizes

the Secretary to prescribe regulations necessary to carry out the

provisions of this section.

In this regard, the Department previously issued a regulation which

described the circumstances and conditions under which plans may

suspend the pension benefits of retirees that return to work, or of

participants that continue to work beyond normal retirement age (29 CFR

2530.203-3). In order for a plan to suspend benefits pursuant to the

regulation, it must notify affected retirees or participants (by first

class mail or personal delivery) during the first calendar month or

payroll period in which the plan withholds payment, that benefits are

suspended. This notice must include the specific reasons for such

suspension, a general description of the plan provisions authorizing

the suspension, a copy of the relevant plan provisions, and a statement

indicating where the applicable regulations may be found, i.e. 29 CFR

2530.203-3. In addition, the suspension notification must inform the

retiree or participant of the plan's procedure for affording a review

of the suspension of benefits.

II. Current Actions

The Office of Management and Budget's approval of this ICR will

expire on September 30, 1998. This existing collection of information

should be continued because the requirement that retirees or

participants be notified in the event of suspension of benefits is

intended to protect their nonforfeitable right to their normal

retirement benefits. By informing retirees or participants of the

reasons for the suspension, the authority for the suspension, and the

plan's procedure for review of a suspension of benefits, retirees or

participants are informed of the status of their pension benefits and

are able to raise with the plan facts or issues which may be relevant

to determining whether a suspension of benefits is proper under the

circumstances.

Agency: Department of Labor, Pension and Welfare Benefits

Administration.

Title: Suspension of Benefits Regulation pursuant to 29 CFR

Sec. 2530.203-3.

Type of Review: Extension of a currently approved collection.

OMB Numbers: 1210-0048.

Affected Public: Indivdiuals of households; Business or other for-

profit; Not-for-profit institutions.

Total Respondents: 57,374.

Total Responses: 57,374.

Frequency of Response: On occasion.

Total Annual Burden: 14,343.5 hours.

Comments submitted in response to this comment request will be

summarize and/or included in the request for Office of Management and

Budget approval of the information collection request; they will also

become a matter of public record.

Dated: June 17, 1998.

Gerald B. Lindrew,

Deputy Director, Pension and Welfare Benefits Administration, Office of

Policy and Research.

[FR Doc. 98-16554 Filed 6-19-98; 8:45 am]

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