Treatment of Substantial Cessation of Operations

Forms and Documents

Document Name	Status
Form 4062-E Section 4062(e) Event Notice Form and Instruction	New
Form 4062-E SptgStmt.2OMB.docx Supporting Statement A	2010-08-10

IC Document Collections

IC ID	Document Title	Status
192214	Section 4062(e) Event Notice Form and Instruction	New

ICR Details

OMB Control No: 1212-0070	ICR Reference No: 201003-1212-001
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: PBGC	Agency Tracking No:
Title: Treatment of Substantial Cessation of Operations
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 12/05/2010
	Date Received in OIRA: 08/10/2010
Terms of Clearance: Comments Filed.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: Pursuant to section 4062(e) of the Employee Retirement Income Security Act of 1974, if an employer ceases operations at a facility in any location and, as a result of the cessation, more than 20 percent of the active participants under a plan of the employer are separated from employment, the plan administrator must report the event to Pension Benefit Guaranty Corporation and request PBGC to determine the liability arising from the event.

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Authorizing Statute(s): US Code: 29 USC 1303(a) Name of Law: Employee Retirement Income Security Act
   US Code: 29 USC 1362 Name of Law: Employee Retirement Income Security Act
   US Code: 29 USC 1363 Name of Law: Employee Retirement Income Security Act
   US Code: 29 USC 1302(b)(3) Name of Law: Employee Retirement Income Security Act
   US Code: 29 USC 1364 Name of Law: Employee Retirement Income Security Act
   US Code: 29 USC 1367 Name of Law: Employee Retirement Income Security Act
   US Code: 29 USC 1368 Name of Law: Employee Retirement Income Security Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1212-AB20	Proposed rulemaking	75 FR 48283	08/10/2010

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Section 4062(e) Event Notice	4062-E, 4062-E	Section 4062(e) Event Notice ,   Section 4062(e) Event Notice

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Reporting requirement has heretofore been statutory only. Proposed regulation and reporting form and instructions provide new reporting guidance. Thus, this is a new collection.

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Annual Cost to Federal Government: $518,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 08/10/2010

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