Section 2520.104-22 provides an
exemption to the reporting and provision of Part 1 of Title I of
ERISA for employee welfare benefit plans that provide exclusively
apprenticeship and training benefits if the plan administrator
meets the following requirements: (1) files a notice with the
Secretary that provides the name of the plan, the plan sponsor's
Employer Identification Number, the plan administrator's name, and
the name and location of an office or person from whom interested
individuals can obtain certain info about courses offered by the
plan; and (2) take steps reasonably designed to ensure that the
information required to be contained in the notice is disclosed to
employees of employers contribution to the plan who may be eligible
to enroll in any course of study sponsored or establish by the
plan; (3) and make the notice available to employees upon request.
Under 2520.104-23, the Department provides an alternative method of
compliance with the reporting and disclosure of Title I of ERISA
for unfunded or insured plan established for a select group of
management of highly compensated employees (i.e., top hat plans).
In order to satisfy the alternative method of compliance, the plan
administrator must file a statement with the Secretary of Labor
that includes the name and address of the employer, the employer
EIN, a declaration that the employer maintains a plan or plans
primarily for the purpose of providing deferred compensation for a
select group of management or highly compensated employees, and a
statement of the number of such plans and the employees covered by
each. Plan documents must be made available to the Secretary upon
request, and only one statement needs to be filed for each employer
maintaining one or more of the plans. The proposed rule would
revise the current procedures for filing apprenticeship and
training plan notices and "top hat" plan statements with the
Secretary of Labor to require electronic submission of these
notices and statements. The proposal is not intended to express any
view on, and would not change, the current content requirements in
the exemption under § 2520.104-22 for apprenticeship and training
plans or the alternative method of compliance under § 2520.104-23
for top hat plans. The proposal would revise § 2520.104-22(c) and §
2520.104-23(c) to require Internet-based electronic filing of
apprenticeship and training plan notices and top hat plan
statements with the Secretary through EBSA's Web site. Once they
are filed, these notices and statements would be posted on the
Department's Web site at http://www.dol.gov/ebsa and be available
to the public.
US Code:
29
USC 1023 Name of Law: Employee Retirement Income Security Act
of 1974
The hour burden decreased due
to updated data regarding the number of submissions received, which
has declined from three years ago. The cost burden increased
because the Department erroneously assumed three years ago that all
submissions would be made electronically. Such an assumption will
be accurate if the Department’s Proposed Rule requiring electronic
submission is finalized; however, for this submission, the
Department has taken into account the costs of materials and
postage for paper submissions, which is consistent with the
Department’s current rule.
$3,000
No
No
No
No
No
No
Uncollected
Chris Cosby 202
693-8540
No
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.
1210-0153 Supporting Statement 2-22-18.docx
Alternative Reporting Method