Settlement Agreements between a Plan and Party in Interest

Forms and Documents

Document Name	Status
1210-0091ss(20120515).doc Supporting Statement A	2012-05-21

IC Document Collections

IC ID	Document Title	Status
13416	Settlement Agreements Between a Plan and Party in Interest Other-PTE 94-71	Modified

ICR Details

OMB Control No: 1210-0091	ICR Reference No: 201202-1210-005
Status: Historical Active	Previous ICR Reference No: 200705-1210-001
Agency/Subagency: DOL/EBSA	Agency Tracking No:
Title: Settlement Agreements between a Plan and Party in Interest
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/27/2012
	Date Received in OIRA: 05/25/2012
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2015	36 Months From Approved	08/31/2012
Responses	1,080	0	1,080
Time Burden (Hours)	30	0	28
Cost Burden (Dollars)	335	0	315

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Abstract: Prohibited Transaction Exemption (PTE) 94-71 exempts from certain restrictions of ERISA and certain taxes of the Code, settlement agreements entered into between a plan and a party in interest resulting from an investigation of an employee benefit plan by the Department. PTE 03-39 similarly exempts from certain restrictions of ERISA and certain taxes of the Internal Revenue Code, settlement agreements entered into between a plan and a party in interest in avoidance of litigation.

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Authorizing Statute(s): US Code: 29 USC 1108 Name of Law: ERISA
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 76439	12/07/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 31392	05/25/2012
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
Settlement Agreements Between a Plan and Party in Interest

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,080	1,080	0	0	0	0
Annual Time Burden (Hours)	30	28	0	0	2	0
Annual Cost Burden (Dollars)	335	315	0	0	20	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: The estimates of the hour burden now assign a small hour burden to electronically delivered notices to participants. The estimates of the cost burden have been adjusted to account for increases in the hourly labor rate and mailing costs.

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Annual Cost to Federal Government: $0

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: 05/25/2012

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