Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Notices 3957 

generated by or derived from the 

Reinsurance Arrangement for purposes 

unrelated to the administration, 

funding, or security of the GAC, 

Reinsurance Arrangement, or Plan; 

(k) All the material facts and 

representations set forth in the 

Background section of this exemption, 

including all modifications from the 

proposed exemption as detailed in this 

final exemption, must be true and 

accurate at all times; 

(l) No party related to this exemption 

request has or will indemnify the 

Independent Fiduciary or the IB 95–1 

Independent Fiduciary, in whole or in 

part, for negligence and/or for any 

violation of state or federal law that may 

be attributable to the Independent 

Fiduciary’s or IB 95–1 Independent 

Fiduciary’s performance of its duties in 

connection with the Reinsurance 

Arrangement. In addition, no contract or 

instrument may purport to waive any 

liability under state or federal law for 

any such violations; 

(m) MSKCC must provide the 

Department’s Office of Exemption 

Determinations with all Exam Reports 

issued by the State of Vermont 

throughout the duration of the 

Reinsurance Arrangement within 30 

days after such Exam Report is received; 

(n) The Captive must request a 

Certificate of Good Standing from the 

State of Vermont on an annual basis; 

(o) MSKCC must notify the 

Department’s Office of Exemption 

Determinations if there is any change in 

the Captive’s business plan, auditor, or 

the composition of its board of directors; 

(p) MSKCC may not receive a 

dividend or any other form of 

distribution from the Captive at any 

point during the Reinsurance 

Arrangement; 

(q) MSKCC and the Captive must 

maintain all the records necessary to 

demonstrate that the conditions of this 

exemption have been met for a period 

of six years from the date of each record. 

MSKCC must provide these records to 

the Department’s Office of Exemption 

Determinations within 30 days from the 

date of a request by the Department; 

(r) MSKCC must provide a Parental 

Guarantee to the Captive and provide 

cash as needed if the Captive’s general 

and separate account asset balances 

have been extinguished; 

(s) The Captive must invest the 

reserves in accordance with the 

regulations and under the supervision of 

the State of Vermont; 

(t) MSKCC must amend the Plan 

document to memorialize the Benefit 

Enhancement and provide a copy of the 

amended plan document to the 

Department’s Office of Exemption 

Determinations no later than 30 days 

after the date the Captive enters into the 

Reinsurance Arrangement; 

(u) After the Buy-In phase for the 

Reinsurance Arrangement is completed 

and MSKCC exercises the Conversion 

Option, MSKCC will terminate the Plan 

in compliance with all applicable Code 

and ERISA requirements; 

(v) MSKCC must notify the 

Department of any change in the 

Independent Fiduciary no later than 30 

days after the engagement of a substitute 

or subsequent Independent Fiduciary 

and must explain the substitution or 

change, including a description of any 

material disputes between the 

terminated Independent Fiduciary and 

MSKCC; 

(w) Once the Benefit Enhancement 

percentage amount is set (in conformity 

with the Primary Benefits Test), MSKCC 

may not reduce that Benefit 

Enhancement percentage amount at any 

point; 

(x) The GAC between the Fronting 

Insurer and the Plan must include 

language that unequivocally prohibits 

the Fronting Insurer from selling or 

otherwise transferring the GAC to 

another insurer; and 

(y) The GAC must include a lump 

sum distribution option for all 

participants and beneficiaries who have 

the right to receive a lump sum 

distribution under the Plan. 

Effective Date: This exemption is in 

effect on January 15, 2025. 

Signed at Washington, DC. 

George Christopher Cosby, 

Director, Office of Exemption Determinations, 

Employee Benefits Security Administration, 

U.S. Department of Labor. 

[FR Doc. 2025–00813 Filed 1–14–25; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Agency Information Collection 

Activities; Comment Request; 

Unemployment Insurance (UI) Data 

Validation (DV) Program 

ACTION: Notice. 

SUMMARY: The Department of Labor’s 

(DOL) Employment and Training 

Administration (ETA) is soliciting 

comments concerning a proposed 

extension for the authority to conduct 

the information collection request (ICR) 

titled, ‘‘Unemployment Insurance (UI) 

Data Validation (DV) Program.’’ This 

comment request is part of continuing 

Departmental efforts to reduce 

paperwork and respondent burden in 

accordance with the Paperwork 

Reduction Act of 1995 (PRA). 

DATES: Consideration will be given to all 

written comments received by March 

17, 2025. 

ADDRESSES: A copy of this ICR with 

applicable supporting documentation, 

including a description of the likely 

respondents, proposed frequency of 

response, and estimated total burden, 

may be obtained free by contacting India 

Oliver by telephone at 202–693–3020 

(this is not a toll-free number), or by 

email at OUI-PRA@dol.gov. For persons 

with a hearing or speech disability who 

need assistance to use the telephone 

system, please dial 711 to access 

telecommunications relay services. 

Submit written comments about, or 

requests for a copy of, this ICR by mail 

or courier to the U.S. Department of 

Labor, Employment and Training 

Administration, Office of 

Unemployment Insurance, Room S– 

4519, 200 Constitution Avenue NW, 

Washington, DC 20210; by email: OUIPRA@dol.gov; or by fax 202–693–3975. 

FOR FURTHER INFORMATION CONTACT: 

India Oliver by telephone at 202–693– 

3020 (this is not a toll-free number) or 

by email at OUI-PRA@dol.gov. 

SUPPLEMENTARY INFORMATION: DOL, as 

part of continuing efforts to reduce 

paperwork and respondent burden, 

conducts a pre-clearance consultation 

program to provide the general public 

and Federal agencies an opportunity to 

comment on proposed and/or 

continuing collections of information 

before submitting them to the Office of 

Management and Budget (OMB) for final 

approval. This program helps to ensure 

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 can be properly assessed. 

Section 303(a)(6) of the Social 

Security Act specifies that the Secretary 

of Labor will not certify State UI 

programs to receive administrative 

grants unless the State’s law includes 

provisions for ‘‘making of such reports 

. . . as the Secretary of Labor may from 

time to time require, and compliance 

with such provisions as the Secretary 

may from time to time find necessary to 

assure the correctness and verification 

of such reports.’’ DOL considers DV to 

be one of those ‘‘provisions . . . 

necessary to assure the correctness and 

verification’’ of the reports submitted by 

states that authorizes this information 

collection. 

The Government Performance and 

Results Act of 1993 (GPRA) requires 


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3958 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Notices 

Federal agencies to develop annual and 

strategic performance plans that 

establish performance goals, have 

concrete indicators of the extent that 

goals are achieved, and set performance 

targets. Each year, the agency is to issue 

a report that ‘‘evaluate[s] the 

performance plan for the current fiscal 

year relative to the performance 

achieved toward the performance goals 

in the fiscal year covered by the report.’’ 

DOL emphasizes the importance of 

complete and accurate information for 

program monitoring and improving 

program performance ‘‘. . . as a 

framework for agencies to communicate 

progress in achieving their missions.’’ 

(OMB Circular A–11, Section 15.5). 

The UI DV program employs a refined 

and automated approach to review 363 

elements reported on 15 UI Benefits 

reports and 1 UI Tax report. DOL uses 

many of these elements for key 

performance measures and workload 

analysis. The validation process 

assesses the accuracy of the counts of 

transactions. Guided by a detailed 

handbook, the state UI agency first 

constructs extract files containing all 

pertinent individual transactions for the 

desired report period to be validated. 

These transactions are grouped into 16 

UI Benefits and 5 UI Tax populations. 

Each transaction record contains the 

necessary characteristics or dimensions 

that enable it to be summed into an 

independent recount of what the state 

has already reported. DOL provides 

state agencies with software that edits 

the extract file (to identify and remove 

duplicate transactions and improperly 

built records, for example), then 

aggregates the transactions to produce 

an independent reconstruction or 

‘‘validation count’’ of the reported 

figure. The reported count is considered 

valid by this ‘‘quantity’’ validation test 

if it is within plus or minus two percent 

of the validation count (plus or minus 

one percent for a GPRA-related 

element). 

The software also draws samples of 

most transaction types from the extract 

files. Guided by a state-specific 

handbook, the validators review these 

sample records against documentation 

in the state’s management information 

system to determine whether the 

transactions in the extract file are 

supported by system documentation. 

This qualitative check determines 

whether the state management 

information system accurately reflects 

data elements of UI transactions. The UI 

Benefits extract files are considered to 

pass this ‘‘quality’’ review if random 

samples indicate that no more than five 

percent of the records contain errors. 

The UI Tax extract files are subjected to 

different ‘‘quality’’ tests. An extract file 

of a population is considered valid only 

if the reported count differs from the 

reconstructed (validation) count by no 

more than the appropriate criterion of 

plus or minus two percent or plus or 

minus one percent and the samples of 

transactions have satisfied all quality 

tests. 

For Federal fiscal years 2011 and 

beyond, all states are required to 

conduct a complete validation every 

three years. In the following three cases, 

the three-year rule does not apply and 

a re-validation must occur within one 

year: (1) groups of reported counts that 

are summed for purposes of making a 

Pass/Fail determination and do not pass 

validation by being within plus or 

minus two percent of the reconstructed 

counts or the extract file does not pass 

all quality tests; (2) the validation 

applies to the two UI Benefits 

populations and one UI Tax population 

used for GPRA measures; and (3) reports 

are produced by new reporting software 

following a state’s information 

technology modernization effort. Every 

year, states must also certify that 

Module 3, the state specific validation 

manual of the UI Benefits and UI Tax 

information systems, are up to date. 

Section 303(a)(6) of the Social Security 

Act authorizes this information 

collection. 

This information collection is subject 

to the PRA. A Federal agency generally 

cannot conduct or sponsor a collection 

of information, and the public is 

generally not required to respond to an 

information collection, unless it is 

approved by OMB under the PRA and 

displays a currently valid OMB Control 

Number. In addition, notwithstanding 

any other provisions of law, no person 

shall generally be subject to penalty for 

failing to comply with a collection of 

information that does not display a 

valid Control Number. See 5 CFR 

1320.5(a) and 1320.6. 

Interested parties are encouraged to 

provide comments to the contact shown 

in the ADDRESSES section. Comments 

must be written to receive 

consideration, and they will be 

summarized and included in the request 

for OMB approval of the final ICR. In 

order to help ensure appropriate 

consideration, comments should OMB 

Control No. 1205–0431. 

Submitted comments will also be a 

matter of public record for this ICR and 

posted on the internet, without 

redaction. DOL encourages commenters 

not to include personally identifiable 

information, confidential business data, 

or other sensitive statements/ 

information in any comments. 

DOL is particularly interested in 

comments that: 

• 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; 

• 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; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• 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). 

Agency: DOL–ETA. 

Type of Review: Extension without 

changes. 

Title of Collection: Unemployment 

Insurance (UI) Data Validation (DV). 

Form: ETA Handbooks 361. 

OMB Control Number: 1205–0431. 

Affected Public: State Workforce 

Agencies. 

Estimated Number of Respondents: 

53. 

Frequency: Varies. 

Total Estimated Annual Responses: 

53. 

Estimated Average Time per 

Response: Varies. 

Estimated Total Annual Burden 

Hours: 23,644 hours. 

Total Estimated Annual Other Cost 

Burden: $0. 

Authority: 44 U.S.C. 3506(c)(2)(A). 

Jose ́ Javier Rodrı ́guez, 

Assistant Secretary for Employment and 

Training, Labor. 

[FR Doc. 2025–00807 Filed 1–14–25; 8:45 am] 

BILLING CODE 4510–FW–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Agency Information Collection 

Activities; Comment Request; 

Nonmonetary Determination Activity 

Report 

ACTION: Notice. 

SUMMARY: The Department of Labor’s 

(DOL) Employment and Training 

Administration (ETA) is soliciting 

comments concerning proposed 


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