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OMB Control No: 1210-0126	ICR Reference No: 201302-1210-006
Status: Historical Active	Previous ICR Reference No: 201202-1210-004
Agency/Subagency: DOL/EBSA	Agency Tracking No:
Title: Annual Funding Notice for Defined Benefit Pension Plans
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Emergency	Approval Requested By: 04/29/2013
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/10/2013
Retrieve Notice of Action (NOA)	Date Received in OIRA: 03/21/2013
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2013	6 Months From Approved	02/29/2016
Responses	77,989,123	0	44,500,000
Time Burden (Hours)	977,000	0	977,000
Cost Burden (Dollars)	26,845,755	0	20,000,000

Abstract: Pub. L. 108-218 amended section 101(f) of ERISA to require plan administrators of a defined benefit plan which is a multiemployer plan to each plan year furnish a plan funding notice to each plan participant and beneficiary, to each labor organization representing such participants or beneficiaries, to each employer that has an obligation to contribute under the plan, and to the Pension Benefit Guaranty Corporation. In August 2006, section 501(a) of the Pension Protection Act of 2006 (PPA)expanded the annual notice requirement to single-employer defined benefit plans. Section 501(c) of the PPA directs the Department to publish a model of the notice required by section 101(f) of ERISA, as amended, not later than one year after the date of enactment of the PPA. On February 10, 2009, the Department issued a Field Assistance Bulletin 2009-1 (the FAB) concerning the disclosure requirements mandated by the PPA, which provides model notices. The FAB addresses the need for interim guidance pending the adoption of regulations or other guidance under section 101(f) of ERISA by providing that pending further guidance, the Department will, as a matter of enforcement policy, treat a plan administrator as satisfying the requirements of section 101(f), if the administrator complies with the guidance contained in the FAB (and appropriately uses a completed model notice) and has acted in accordance with a good faith, reasonable interpretation of those requirements with respect to matters not specifically addressed in the FAB.

Emergency Justfication: The MAP-21 revisions were legally mandated by Congress. In order for EBSA to provide guidance on the MAP-21 changes to the annual funding notice requirements, it had to wait for the Department of the Treasury/IRS to issue guidance regarding the MAP-21 rules because pursuant to section 101 of Reorganization Plan No. 4 of 1978 (43 FR 47713) and section 3002(c) of ERISA, the Secretary of the Treasury has interpretive jurisdiction over how section 40211 of MAP-21 affects the minimum funding rules of section 303 of ERISA and section 430 of the Code. IRS issued this guidance in IRS Notice 2012-61, 2012 I.R.B. 42, and the guidance provided in the FAB builds off of the IRS notice. EBSA collaborated extensively with the Pension Benefit Guaranty Corporation and the Department of the Treasury/IRA in preparing the FAB, and their input is reflected therein and generally expects the guidance to well-received and non-controversial. The guidance provided in the FAB is necessary for plan administrators to satisfy the annual funding notice requirements. The first annual funding notices reflecting the MAP-21 revisions for large calendar year plans must be sent out no later than April 30, 2013 (120 days after the close of the 2012 plan year). Therefore, use of the normal PRA clearance procedures is likely to public harm, because the statutory deadline would be missed, and beneficiaries would not have access to information to which they are entitled by law.

Authorizing Statute(s): US Code: 29 USC 1021(f) Name of Law: Employee Retirement Income Security Act of 1974

Citations for New Statutory Requirements: US Code: 29 USC 1021(f) Name of Law: Employee Retirement Income Security Act of 1974

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Annual Funding Notice for Defined Benefit Pension Plans
MAP-21

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute
Annual Number of Responses	77,989,123	44,500,000	33,489,123
Annual Time Burden (Hours)	977,000	977,000	0
Annual Cost Burden (Dollars)	26,845,755	20,000,000	6,845,755

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Christopher Cosby 202-693-8425 cosby.chris@dol.gov

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