Proposed Submission of Information Collection for OMB Review; Comment Request; Annual Financial and Actuarial Information Reporting

Federal RegisterAug 10, 1998

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PENSION BENEFIT GUARANTY CORPORATION

Proposed Submission of Information Collection for OMB Review;

Comment Request; Annual Financial and Actuarial Information Reporting

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Notice of intention to request extension of OMB approval.

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SUMMARY: The Pension Benefit Guaranty Corporation (``PBGC'') intends to

request that the Office of Management and Budget (``OMB'') extend

approval, under the Paperwork Reduction Act, of the collection of

information under its regulation on Annual Financial and Actuarial

Information Reporting, 29 CFR Part 4010 (OMB control number 1212-0049;

expires December 31, 1998). This notice informs the public of the

PBGC's intent and solicits public comment on the collection of

information.

DATES: Comments should be submitted by October 9, 1998.

ADDRESSES: Comments may be mailed to the Office of the General Counsel,

suite 340, Pension Benefit Guaranty Corporation, 1200 K Street, NW.,

Washington, DC 20005-4026, or delivered to that address between 9 a.m.

and 4 p.m. on business days. Written comments will be available for

public inspection at the PBGC's Communications and Public Affairs

Department, suite 240 at the same address, between 9 a.m. and 4 p.m. on

business days.

Copies of the collection of information may be obtained without

charge by writing to the PBGC's Communications and Public Affairs

Department at the address given above or calling 202-326-4040. (For TTY

and TDD users, call the Federal relay service toll-free at 1-800-877-

8339 and ask to be connected to 202-326-4040.) The regulation on Annual

Financial and Actuarial Information Reporting can be accessed on the

PBGC's web site at http://www.pbgc.gov.

FOR FURTHER INFORMATION CONTACT: Harold J. Ashner, Assistant General

Counsel, or Deborah C. Murphy, Attorney, Office of the General Counsel,

Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington,

DC 20005-4026, 202-326-4024. (For TTY and TDD, call the Federal relay

service toll-free at 1-800-877-8339 and request connection to 202-326-

4024).

SUPPLEMENTARY INFORMATION: Section 4010 of the Employee Retirement

Income Security Act of 1974 (ERISA) requires each member of a corporate

[[Page 42646]]

controlled group to submit identifying, financial, and actuarial

information to the PBGC in certain circumstances. Reporting is required

(1) if the aggregate unfunded vested benefits of all defined benefit

pension plans maintained by the controlled group exceed $50 million,

(2) if the controlled group maintains any plan with missed

contributions (unless paid within a ten-day grace period), or (3) if

the controlled group maintains any plan with funding waivers in excess

of $1 million and any portion is still outstanding (taking into account

certain credit balances in the funding standard account). The PBGC's

regulation on Annual Financial and Actuarial Information Reporting (29

CFR Part 4010) implements section 4010.

The regulation requires the controlled group to file certain

identifying information, certain financial information, each plan's

actuarial valuation report, certain participant information, and a

determination of the amount of each plan's benefit liabilities. The

information submitted under the regulation allows the PBGC (1) to

detect and monitor financial problems with the contributing sponsors

that maintain severely underfunded pension plans and their controlled

group members and (2) to respond quickly when it learns that a

controlled group with severely underfunded pension plans intends to

engage in a transaction that may significantly reduce the assets

available to pay plan liabilities.

The collection of information under the regulation has been

approved by OMB under control number 1212-0049 through December 31,

1998. The PBGC intends to request that OMB extend its approval for

another three years. An agency may not conduct or sponsor, and a person

is not required to respond to, a collection of information unless it

displays a currently valid OMB control number.

The PBGC estimates that an average of 60 controlled groups per year

respond to this collection of information. The PBGC further estimates

that the average annual burden of this collection of information is 9.2

hours and $7,500 per controlled group, for a total burden of 552 hours

and $450,000.

The PBGC is soliciting public comments to--

Evaluate whether the 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 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., permitting

electronic submission of responses.

Issued in Washington, D.C., this 5th day of August, 1998.

Stuart Sirkin,

Director, Corporate Policy and Research Department, Pension Benefit

Guaranty Corporation.

[FR Doc. 98-21311 Filed 8-7-98; 8:45 am]

BILLING CODE 7708-01-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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