Partitions of Eligible Multiemployer Plans; 29 CFR Part 4233

Forms and Documents

Document Name	Status
PBGC Draft Partition Regulation (combined docs)_June 1 2015 v1 (Clean Copy).docx Supplementary Document	2015-06-01
PartitionsICR supportingstatement for ROCIS.docx Supporting Statement A	2015-06-19

IC Document Collections

IC ID	Document Title	Status
216780	Partitions of Eligible Multiemployer Plans Interim Final Rule	New

ICR Details

OMB Control No: 1212-0068	ICR Reference No: 201505-1212-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: PBGC	Agency Tracking No:
Title: Partitions of Eligible Multiemployer Plans; 29 CFR Part 4233
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 06/15/2015
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/19/2015
	Date Received in OIRA: 06/01/2015
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2015	6 Months From Approved
Responses	6	0	0
Time Burden (Hours)	78	0	0
Cost Burden (Dollars)	58,800	0	0

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Abstract: The information request is related to PBGC's interim final rule prescribing the application process and notice requirements for partitions of eligible multiemployer plans under title IV of the Employee Retirement Income Security Act of 1974, as amended by the Multiemployer Pension Reform Act of 2014

Emergency Justfication: Regulatory guidance is required to implement ERISA section 4233 as amended by Multiemployer Pension Reform Act of 2014 ("MPRA"). This guidance includes the procedure for the plan sponsor to submit an application for partition and to provide notice to participants and beneficiaries. Section 4233 is inextricably linked to the suspension of benefit rules under ERISA section 305(e)(9), which require the Department of Treasury, in consultation with PBGC and the Secretary of Labor, to publish appropriate guidance under section 201 not later than 180 days after the date of the enactment of MPRA (June 15, 2015). PBGC expects to publish an interim final rule in June 2015 that adds a new Part 4233 to PBGC’s regulations to provide guidance on the necessary information required by PBGC to process an application for partition of eligible multiemployer plans and comply with the statutory conditions required for a partition order. The rule needs to go into effect and the information collection needs to be approved upon publication. Accordingly, PBGC is requesting OMB’s approval on an emergency basis of the information requirements described in the interim final rule.

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Authorizing Statute(s): PL: Pub.L. 113 - 235 Division O, Sec. 122 Name of Law: Consolidated and Further Continuing Appropriations Act of 2015
  

Citations for New Statutory Requirements: PL: Pub.L. 113 - 235 Division O, Sec. 122 Name of Law: Consolidated and Further Continuing Appropriations Act of 2015

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1212-AB29	Final or interim final rulemaking	80 FR 35220	06/19/2015

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Federal Register Notices & Comments
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 35220	06/19/2015
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
Partitions of Eligible Multiemployer Plans Interim Final Rule

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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	6	0	6	0	0	0
Annual Time Burden (Hours)	78	0	78	0	0	0
Annual Cost Burden (Dollars)	58,800	0	0	58,800	0	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:

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Annual Cost to Federal Government: $31,920

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: 06/01/2015

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