Consent To Receive Employee Benefit Plan Disclosures Electronically

Forms and Documents

Document Name	Status
SS 1210-0121.doc Supporting Statement A	2008-07-02

IC Document Collections

IC ID	Document Title	Status
13499	Consent To Receive Employee Benefit Plan Disclosures Electronically	Modified

ICR Details

OMB Control No: 1210-0121	ICR Reference No: 200807-1210-002
Status: Historical Active	Previous ICR Reference No: 200505-1210-002
Agency/Subagency: DOL/EBSA	Agency Tracking No:
Title: Consent To Receive Employee Benefit Plan Disclosures Electronically
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/15/2008
	Date Received in OIRA: 07/09/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2011	36 Months From Approved	08/31/2008
Responses	3,400,000	0	41,000
Time Burden (Hours)	7,000	0	683
Cost Burden (Dollars)	170,000	0	716,000

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Abstract: Regulations at 29 CFR 2520.104b-1 and 2520.107-1 govern the use of electronic technologies to satisfy information disclosure and recordkeeping requirements under Title I of the Employee Retirement Income Security Act of 1974, as amended (ERISA). Generally, consent is required to be obtained prior to providing disclosures electronically to participants and beneficiaries at a location other than the workplace.

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Authorizing Statute(s): US Code: 29 USC 104(b) Name of Law: Employee Income Security Act of 1974
  

Citations for New Statutory Requirements: None

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

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 18001	04/02/2008
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 39336	07/09/2008
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Consent To Receive Employee Benefit Plan Disclosures Electronically

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	3,400,000	41,000	0	0	3,359,000	0
Annual Time Burden (Hours)	7,000	683	0	0	6,317	0
Annual Cost Burden (Dollars)	170,000	716,000	0	0	-546,000	0

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: The annual burden hours have been adjusted from 683 to 7,000, an increase of 6,317. In the previous information collection request (ICR), the Department assumed that all plan sponsors would choose to have service providers develop consent materials. This submission assumes that all plan sponsors develop consent materials in-house, as the Department does not have data on how many plan sponsors use service providers. The remaining difference reflects the increase in hourly wages for clerical staff. The annual cost burden has been adjusted from $716,000 to $170,000, a decrease of $546,000. As stated above, in the previous ICR, the Department assumed all plan sponsors outsourced the development of consent materials to service providers, thus the cost burden decreased. The remaining difference reflects an increase in the paper costs associated with distributing the consent notification from $0.01 to $0.05.

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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]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 07/09/2008

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