[Federal Register Volume 69, Number 231 (Thursday, December 2, 2004)]
[Notices]
[Pages 70159-70160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26548]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection Request Submitted 
for Public Comment and Recommendations; Suspension of Benefits

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation

[[Page 70160]]

program to provide the general public and Federal agencies with an 
opportunity to comment on proposed and continuing collections of 
information in accordance with the Paperwork Reduction Act of 1995 (PRA 
95). This program helps to ensure that requested data can be provided 
in the desired format, reporting burden (time and financial resources) 
is minimized, collection instruments are clearly understood, and the 
impact of collection requirements on respondents can be properly 
assessed. Currently, the Employee Benefits Security Administration 
(EBSA) is soliciting comments concerning the extension without change 
of the information collection request (ICR) included in the suspension 
of pension benefits regulation issued pursuant to the authority of 
section 203(a)(3)(B) of the Employee Retirement Income Security Act of 
1974 (ERISA), which governs the circumstances under which pension plans 
may suspend pension benefit payments to retirees who return to work, or 
of participants who continue to work beyond normal retirement age (29 
CFR 2530.203-3).
    A copy of the proposed information collection request (ICR) can be 
obtained by contacting the office listed below in the addresses section 
of this notice.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before January 31, 2005.

ADDRESSES: Interested parties are invited to submit written comments 
regarding the collection of information. Send comments to Mr. Gerald B. 
Lindrew, Office of Policy and Research, U.S. Department of Labor, 
Employee Benefits Security Administration, 200 Constitution Avenue, 
NW., Room N-5647, Washington, DC 20210. Telephone: (202) 693-8410 Fax: 
(202) 693-4745 (These are not toll-free numbers).

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 203(a)(3)(B) of ERISA governs the circumstances under which 
pension plans may suspend pension benefit payments to retirees that 
return to work or to participants that continue to work beyond normal 
retirement age. Furthermore, section 203(a)(3)(B) of ERISA authorizes 
the Secretary to prescribe regulations necessary to carry out the 
provisions of this section.
    In this regard, the Department issued a regulation which describes 
the circumstances and conditions under which plans may suspend the 
pension benefits of retirees that return to work, or of participants 
that continue to work beyond normal retirement age (29 CFR 2530.203-3). 
In order for a plan to suspend benefits pursuant to the regulation, it 
must notify affected retirees or participants (by first class mail or 
personal delivery) during the first calendar month or payroll period in 
which the plan withholds payment, that benefits are suspended. This 
notice must include the specific reasons for such suspension, a general 
description of the plan provisions authorizing the suspension, a copy 
of the relevant plan provisions, and a statement indicating where the 
applicable regulations may be found, (i.e., 29 CFR 2530.203-3). In 
addition, the suspension notification must inform the retiree or 
participant of the plan's procedure for affording a review of the 
suspension of benefits.

II. Review Focus

    The Department of Labor (Department) is particularly interested in 
comments that:
    <bullet> Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    <bullet> Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
    <bullet> Enhance the quality, utility, and clarity of the 
information to be collected; and
    <bullet> Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.

III. Current Actions

    The Office of Management and Budget's approval of this ICR will 
expire on February 28, 2005. This notice requests comments on the 
extension of the ICR. The Department is not proposing or implementing 
changes to the existing ICR at this time in connection with this 
extension. Comments submitted in response to this notice will be 
summarized and/or included in the request for OMB approval of the 
information collection request; they will also become a matter of 
public record.
    AGENCY: Department of Labor, Employee Benefits Security 
Administration.
    Title: Suspension of Benefits Regulation pursuant to 29 CFR 
2530.203-3.
    Type of Review: Extension of a currently approved collection.
    OMB Number: 1210-0048.
    Affected Public: Individuals or households; business or other for-
profit; not-for-profit institutions.
    Total Respondents: 74,872.
    Total Responses: 74,872.
    Frequency of Response: On occasion.
    Total Annual Burden: 18,718.
    Total Burden Cost (Operating and Maintenance): $63,000.

    Dated: November 24, 2004.
Gerald B. Lindrew,
Deputy Director, Office of Policy and Research, Employee Benefits 
Security Administration.
[FR Doc. 04-26548 Filed 12-1-04; 8:45 am]
BILLING CODE 4510-29-P