[Federal Register Volume 63, Number 122 (Thursday, June 25, 1998)]
[Notices]
[Pages 34666-34667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16939]


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DEPARTMENT OF LABOR

Pension and Welfare Benefits Administration


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

ACTION: None.

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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 program to provide the general public and other 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) (44 U.S.C. 3506(c)(2)(A)). 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 Pension and Welfare Benefits Administration is 
soliciting comments concerning the proposed extension of the collection 
of information included in the employee benefit plan claims procedure 
regulation issued pursuant to section 503 of the Employee Retirement 
Income Security Act of 1974 (ERISA) (29 CFR 2560.503-1). A copy of the 
proposed information collection request (ICR) can be obtained by 
contacting the office listed below in the addressee section of this 
notice.

DATES: Written comments must be submitted to the office listed in the 
addressee section below on or before August 24, 1998. The Department of 
Labor is particularly interested in comments which:
    <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;
    <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 submission of responses.

ADDRESSES: Interested parties are invited to submit written comments 
regarding the collection of information of any or all of the Agencies. 
Send comments to Mr. Gerald B. Lindrew, Office of Policy and Research, 
U.S. Department of Labor, Pension and Welfare Benefits Administration, 
200 Constitution Avenue NW., Room N-5647, Washington, DC 20210. 
Telephone: (202) 219-4782 (this is not a toll-free number).


[[Page 34667]]



SUPPLEMENTARY INFORMATION:

I. Background

    Section 503 of ERISA provides that, pursuant to regulations 
promulgated by the Secretary of Labor, each employee benefit plan must 
provide adequate notice in writing to any participant or beneficiary 
whose claim for benefits under the plan has been denied. This notice 
must set forth the specific reasons for the denial and must be written 
in a manner calculated to be understood by the claimant. Each plan must 
also afford a reasonable opportunity for any participant or beneficiary 
whose claim has been denied to obtain a full and fair review of the 
denial by the appropriate named fiduciary of the plan.
    The Department previously issued a regulation pursuant to section 
503 that establishes certain minimum requirements for employee benefit 
plan procedures pertaining to claims. The ICR included in the claims 
procedure regulation generally requires timely written disclosures to 
participants and beneficiaries of employee benefit plans of information 
concerning the plan's claims procedures, the basis for the denial of a 
claim, and time limits for addressing or appealing the denial of a 
claim. These requirements are intended to ensure that plan 
administrators provide for a full and fair review of claims, and that 
plan participants and beneficiaries have information which is 
sufficient to allow them to exercise their rights under the plan.

II. Current Actions

    The Office of Management and Budget's approval of this ICR will 
expire on September 30, 1998. On September 8, 1997, the Department 
published a Request for Information (September 8 RFI) (62 FR 47261) 
concerning the advisability of amending the existing regulation that 
establishes minimum requirements for employee benefit plan claims 
procedures. In the Department's Semiannual Regulatory Agenda published 
on April 27, 1998, the Pension and Welfare Benefits Administration 
indicated its intention to publish a Notice of Proposed Rulemaking with 
respect to employee benefit plan claims procedures in June, 1998 (63 FR 
22240). While certain modifications to the claims procedure ICR may be 
anticipated in connection with proposed revision of these rules, 
estimates of burden associated with modifications currently under 
consideration are not yet available. The burden estimates shown in this 
notice are, therefore, based on the existing ICR.
    To avoid unnecessary duplication of public comments, however, those 
comments received in response to the September 8 RFI that address 
burden associated with the claims procedure regulation will be treated 
as comments on this ICR.
    Agency: Department of Labor, Pension and Welfare Benefits 
Administration.
    Title: Benefit Claims Procedure regulation pursuant to 29 CFR 
2560.503-1.
    Type of Review: Extension of a currently approved collection.
    OMB Numbers: 1210-0053.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Total Respondents: 23,454.
    Total Responses: 23,454.
    Frequency of Response: On occasion.
    Total Annual Burden: 7,063 hours.
    Comments submitted in response to this comment request will be 
summarized and/or included in the request for Office of Management and 
Budget approval of the information collection request; they will also 
become a matter of public record.

    Dated: June 22, 1998.
Gerald B. Lindrew,
Deputy Director, Pension and Welfare Benefits Administration, Office of 
Policy and Research.
[FR Doc. 98-16939 Filed 6-24-98; 8:45 am]
BILLING CODE 4510-29-M