## User Fees Relating to Enrollment to Perform Actuarial Services

\[4830-01-p\]

### DEPARTMENT OF THE TREASURY

#### Internal Revenue Service

26 CFR Part 300

\[TD 9370\]

RIN 1545-BG88

**User Fees Relating to Enrollment to Perform Actuarial Services**

***AGENCY***: Internal Revenue Service (IRS), Treasury.

***ACTION***: Final Regulations

***SUMMARY***: This document contains final regulations relating to user
fees for the initial and renewed enrollment to become an enrolled
actuary. The charging of user fees is authorized by the Independent
Offices Appropriations Act (IOAA) of 1952.

***DATES***: Effective Date: These regulations are effective on December
21, 2007.

***Applicability Date***: For date of applicability, see §300.0(c).

***FOR FURTHER INFORMATION CONTACT***: Concerning cost methodology, Eva
J. Williams at (202) 435-5514; concerning the final regulations,
Kimberly Mattonen at (202) 622-4940 (not toll-free numbers).

***SUPPLEMENTARY INFORMATION***:

#### Background

The Employee Retirement Income Security Act of 1974 (Public Law 93-406)
ordered the Secretary of Labor and the Secretary of Treasury to
establish a Joint Board for the Enrollment of Actuaries. 29 U.S.C. 1241.
The Joint Board shall, by regulation, establish reasonable standards and
qualifications for persons performing actuarial services and the Joint
Board shall enroll such individuals who, upon application, satisfy such
standards and qualifications. 29 U.S.C. 1242(a). The regulations at 20
CFR Part 901, Subpart B address eligibility for enrollment and renewal
of enrollment. Pursuant to the Joint Board's bylaws, the Secretary of
the Treasury is to appoint an Executive Director to the Board who has
the delegated authority to administer the Board's enrollment program.
The Secretary of the Treasury has delegated these functions to the
Internal Revenue Service and the costs of these activities are borne by
the Service.

20 CFR 901.11(d)(4) provides for a reasonable non-refundable fee for
applications for renewal of enrollment. Form 5434-A, "Application for
Renewal of Enrollment" presently states that the renewal fee is \$25.
Final 26 CFR 300.7 and 300.8 establish separate \$250 user fees for the
enrollment and renewal of enrollment process. These fees represent the
IRS's costs in administering the program, and the \$250 fee for renewal
of enrollment will supplant the \$25 fee.

#### Authority

The IOAA of 1952 (31 U.S.C. 9701) authorizes agencies to prescribe
regulations that establish charges for services provided by the agency.
The charges must be fair and be based on the costs to the Government,
the value of the service to the recipient, the public policy or interest
served, and other relevant facts. The IOAA of 1952 provides that
regulations implementing user fees are subject to policies prescribed by
the President, which are currently set forth in OMB Circular A-25, 58 FR
38142 (July 15, 1993) (the OMB Circular).

The OMB Circular encourages user fees for government-provided services
that confer benefits on identifiable recipients over and above those
benefits received by the general public. Under the OMB Circular, an
agency that seeks to impose a user fee for government-provided services
must calculate its full cost of providing those services. In general, a
user fee should be set at an amount in order for the agency to recover
the cost of providing the special service, unless the Office of
Management and Budget grants an exception. Pursuant to the guidelines in
the OMB Circular, the IRS has calculated its cost of providing services
under the enrolled actuaries program. The IRS has determined that the
full cost of administering the enrollment and re-enrollment processes is
\$250 per enrolled actuary per process.

The final user fees will be implemented under the authority of the IOAA
of 1952 and the OMB Circular.

On October 31, 2007, a notice of proposed rulemaking (REG-134923-07) was
published in the *Federal Register* \[72 FR 61583\]. No comments were
received from the public in response to the notice of proposed
rulemaking. No public hearing was requested or held. The proposed
regulations are adopted by this Treasury decision.

#### Special Analyses

It has been determined that this final rule is not a significant
regulatory action as defined in Executive Order 12866. Therefore, a
regulatory assessment is not required. It is hereby certified that these
regulations will not have a significant economic impact on a substantial
number of small entities. Accordingly, a regulatory flexibility analysis
is not required. This certification is based on the information that
follows. These final rules affect enrolled actuaries, of which there are
currently 4,600 active. The economic impact of these regulations on any
small entity would result from a small entity, including a sole
proprietor, being required to pay a fee prescribed by these regulations
in order to obtain a particular service. The appropriate NAICS codes for
enrolled actuaries relate to Insurance Other (524298) and Administrative
and General Management Consulting, Including Financial Consulting
(541611). Entities identified under these codes are considered small
under the SBA size standards (13 CFR 121.201) if their annual revenue is
less than \$6.5 million. The IRS estimates that as many as 2,070
enrolled actuaries may be operating as or employed by small entities.
Therefore, the IRS has determined that these final rules will affect a
substantial number of small entities. The dollar amounts of the fees are
not, however, substantial enough to have a significant economic impact
on any entity subject to the fees. The amounts of the fees are
commensurate with, if not less than, the amount charged by professional
organizations. Persons who elect to apply for enrollment or renewal of
enrollment also receive benefits from obtaining the enrolled actuary
designation. Pursuant to section 7805(f) of the Internal Revenue Code,
the NPRM preceding this regulation was submitted to the Chief Counsel
for Advocacy of the Small Business Administration for comment on its
impact.

#### Drafting Information

The principal author of these regulations is Kimberly A. Mattonen of the
Office of the Associate Chief Counsel (Procedure & Administration).

#### List of Subjects in 26 CFR Part 300

Reporting and recordkeeping requirements, User fees.

#### Adoption of Amendments to the Regulations

Accordingly, 26 CFR Part 300 is amended as follows:

***PART 300\--USER FEES***

Paragraph 1. The authority citation for part 300 continues to read as
follows:

*Authority*: 31 U.S.C. 9701.

*Par. 2*. Section 300.0 is amended as follows:

1.  Paragraphs (b)(7) and (b)(8) are added.

2.  Paragraph (c) is revised.

The additions and revision read as follows:

*§300.0 User fees, in general*.

\* \* \* \* \*

\(b\) \* \* \*

\(7\) Enrolling an enrolled actuary.

\(8\) Renewing the enrollment of an enrolled actuary.

\(c\) Effective/applicability date. This part 300 is applicable March
16, 1995, except that the user fee for processing offers in compromise
is applicable November 1, 2003; the user fee for the special enrollment
examination, enrollment, and renewal of enrollment for enrolled agents
is applicable November 6, 2006; the user fee for entering into
installment agreements on or after January 1, 2007, is applicable
January 1, 2007; the user fee for restructuring or reinstatement of an
installment agreement on or after January 1, 2007, is applicable January
1, 2007; and the user fee for the enrollment and renewal of enrollment
for enrolled actuaries is applicable January 22, 2008.

*Par. 3. Section 300.7 is added to read as follows*:

*§300.7 Enrollment of enrolled actuary fee*.

\(a\) Applicability. This section applies to the initial enrollment of
enrolled actuaries with the Joint Board for the Enrollment of Actuaries
pursuant to 20 CFR Part 901.

\(b\) Fee. The fee for initially enrolling as an enrolled actuary with
the Joint Board for the Enrollment of Actuaries is \$250.00.

\(c\) Person liable for the fee. The person liable for the enrollment
fee is the applicant filing for enrollment as an enrolled actuary with
the Joint Board for the Enrollment of Actuaries.

*Par. 5. Section 300.8 is added to read as follows*:

*§300.8 Renewal of enrollment of enrolled actuary fee*.

\(a\) Applicability. This section applies to the renewal of enrollment
of enrolled actuaries with the Joint Board for the Enrollment of
Actuaries pursuant to 20 CFR Part 901.

\(b\) Fee. The fee for renewal of enrollment as an enrolled actuary with
the Joint Board for the Enrollment of Actuaries is \$250.00.

\(c\) Person liable for the fee. The person liable for the renewal of
enrollment fee is the person renewing their enrollment as an enrolled
actuary with the Joint Board for the Enrollment of Actuaries.

*Linda E. Stiff\
Deputy Commissioner for Services and Enforcement*

Approved:

*Eric Solomon*