Notice2024-03538
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Delinquent Filer Voluntary Compliance Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 22, 2024
Issuing agencies
Labor Department
Abstract
The Department of Labor (DOL) is submitting this Employee Benefits Security Administration (EBSA)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Full Text
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<title>Federal Register, Volume 89 Issue 36 (Thursday, February 22, 2024)</title>
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[Federal Register Volume 89, Number 36 (Thursday, February 22, 2024)]
[Notices]
[Pages 13379-13380]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03538]
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DEPARTMENT OF LABOR
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Delinquent Filer Voluntary Compliance Program
ACTION: Notice of availability; request for comments.
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SUMMARY: The Department of Labor (DOL) is submitting this Employee
Benefits Security Administration (EBSA)-sponsored information
collection request (ICR) to the Office of Management and Budget (OMB)
for review and approval in accordance with the Paperwork Reduction Act
of 1995 (PRA). Public comments on the ICR are invited.
DATES: The OMB will consider all written comments that the agency
receives on or before March 25, 2024.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
Comments are invited on: (1) whether the collection of information
is necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility; (2) the accuracy of the agency's estimates of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
FOR FURTHER INFORMATION CONTACT: Michael Howell by telephone at 202-
693-6782, or by email at <a href="/cdn-cgi/l/email-protection#1e5a5152414e4c5f414e4b5c52575d5e7a717230797168"><span class="__cf_email__" data-cfemail="6a2e2526353a382b353a3f282623292a0e0506440d051c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Under title I of ERISA, the administrator of
each welfare plan and each pension plan, unless otherwise exempt, is
required to file an annual report with the Secretary containing the
information set forth in section 103 of ERISA. The statutory annual
reporting requirements under titles I and IV of ERISA, as well as the
Internal Revenue Code (the Code), are satisfied generally by filing the
appropriate annual return/report (the Form 5500).
On April 27, 1995, the Department implemented the Delinquent Filer
[[Page 13380]]
Voluntary Compliance Program (the DFVC Program) in an effort to
encourage annual reporting compliance. Under the DFVC Program,
administrators otherwise subject to the assessment of higher civil
penalties are permitted to pay reduced civil penalties for voluntarily
complying with the annual reporting requirements under title I of
ERISA. The only information collection requirement included in the DFVC
Program is the requirement of providing data necessary to identify the
plan along with the penalty payment. This data is the only means by
which each penalty payment is associated with the relevant plan. With
respect to most pension plans and welfare plans, the requirement is
satisfied by sending, along with the penalty payment, a copy of the
delinquent annual report (without attachments or schedules) which is
filed with the Department at a different address under the EFAST
system. In the event that the plan administrator files the delinquent
annual report using a 1998 or prior plan year form, a paper copy of
only the first page of the Form 5500 or Form 5500-C, as applicable,
should be submitted along with the penalty payment.
Certain pension plans for highly compensated employees, commonly
called ``top hat'' plans, and apprenticeship plans may file a one-time
statement in lieu of annual reports. With respect to such plans,
information collection requirements of the DFVC Program are satisfied
by sending a completed first page of an annual report form along with
the penalty payment. The one-time statements are required to be sent to
a different address within the Department. The DFVC Program is designed
to allow the processing of all penalty payments at a single location
within the Department. For additional substantive information about
this ICR, see the related notice published in the Federal Register on
August 25, 2023 (88 FR 58312).
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 the OMB approves it 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
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this information collection for
three (3) years. OMB authorization for an ICR cannot be for more than
three (3) years without renewal. The DOL notes that information
collection requirements submitted to the OMB for existing ICRs receive
a month-to-month extension while they undergo review.
Agency: DOL-EBSA.
Title of Collection: Delinquent Filer Voluntary Compliance Program.
OMB Control Number: 1210-0089.
Affected Public: Businesses or other for-profits.
Total Estimated Number of Respondents: 10,638.
Total Estimated Number of Responses: 10,638.
Total Estimated Annual Time Burden: 5,319 hours.
Total Estimated Annual Other Costs Burden: $9,393.
(Authority: 44 U.S.C. 3507(a)(1)(D))
Michael Howell,
Senior Paperwork Reduction Act Analyst.
[FR Doc. 2024-03538 Filed 2-21-24; 8:45 am]
BILLING CODE 4510-29-P
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