Agency Information Collection Activities; Submission for OMB Review; Comment Request; Definition of Plan Assets-Participant Contributions


Federal Register, Volume 80 Issue 207 (Tuesday, October 27, 2015)

Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)


Pages 65806-65807

From the Federal Register Online via the Government Publishing Office

FR Doc No: 2015-27255



Office of the Secretary

Agency Information Collection Activities; Submission for OMB Review; Comment Request; Definition of Plan Assets--Participant Contributions

ACTION: Notice.


SUMMARY: The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Definition of Plan Assets--

Participant Contributions,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives on or before November 27, 2015.

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 of charge from the Web site at (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by email at

Submit comments about this request by mail or courier to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-

EBSA, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free number); or by email: Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor-OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW., Washington, DC 20210; or by email:

FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693-

4129, TTY 202-693-8064, (these are not toll-free numbers) or by email at

Authority: 44 U.S.C. 3507(a)(1)(D).

SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for the Definition of Plan Assets--Participant Contributions information collection codified in regulations 29 CFR 2520.3-102(d). The regulation concerning plan assets and participant contributions provides guidance for a fiduciary, participant, or beneficiary of an employee benefit plan regarding how a participant contribution to a pension plan must be handled when the contribution is either paid to the employer by the participant or directly withheld by the employer from the employee's wages for transmission to the pension plan. In particular, the regulation sets standards for the timely delivery of such participant contributions, including an outside time limit for the employer's holding of participant contributions. In addition, for an employer who may have difficulty meeting the regulation's outside deadlines for transmitting participant contribution, the regulation provides the opportunity for the employer to obtain an extension of the time limit by providing participants and the Department with a notice that contains specified information. Employee Retirement Income Security Act of 1974 section 404 authorizes this information collection. See 29 U.S.C. 1104.

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 the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of

Page 65807

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. The DOL obtains OMB approval for this information collection under Control Number 1210-


OMB authorization for an ICR cannot be for more than three (3) years without renewal, and the current approval for this collection is scheduled to expire on October 31, 2015. The DOL seeks to extend PRA authorization for this information collection for three (3) more years, without any change to existing requirements. The DOL notes that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. For additional substantive information about this ICR, see the related notice published in the Federal Register on June 17, 2015 (80 FR 34696).

Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within thirty (30) days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1210-0100. The OMB 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-EBSA.

Title of Collection: Definition of Plan Assets--Participant Contributions.

OMB Control Number: 1210-0100.

Affected Public: Private Sector--businesses or other for-profits.

Total Estimated Number of Respondents: 1.

Total Estimated Number of Responses: 251.

Total Estimated Annual Time Burden: 8 hours.

Total Estimated Annual Other Costs Burden: $1,464.

Dated: October 21, 2015.

Michel Smyth,

Departmental Clearance Officer.

FR Doc. 2015-27255 Filed 10-26-15; 8:45 am