This notice provides guidance to
employers maintaining, or who are comtemplating establishing, cash
or deferred arrangements (CODAs) for their employees. It permits
some degree of flexibility in using the safe harbor methods,
described in sections 401(k)(12) and 401(m)(11) of the Code, to
satisfy the nondiscrimination tests normally applicable to CODAs.
As indicated in section III, Q&As 1 and 2, of the notice, take
advantage of this flexibility, employers must amend their CODAs
accordingly and provide employees written notices of the benefits
available to them under the CODA.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.