Agency Information Collection Activities; Request for Public Comment
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Issuing agencies
Abstract
The Department of Labor (the Department), in accordance with the Paperwork Reduction Act, provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Employee Benefits Security Administration (EBSA) is soliciting comments on the extension of the information collection requests (ICRs) contained in the documents described below. A copy of the ICRs may be obtained by contacting the office listed in the ADDRESSES section of this notice. ICRs also are available at reginfo.gov (https://www.reginfo.gov/public/do/PRAMain).
Full Text
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<title>Federal Register, Volume 90 Issue 3 (Monday, January 6, 2025)</title>
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[Federal Register Volume 90, Number 3 (Monday, January 6, 2025)]
[Notices]
[Pages 671-675]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31607]
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DEPARTMENT OF LABOR
Employee Benefits Security Administration
Agency Information Collection Activities; Request for Public
Comment
AGENCY: Employee Benefits Security Administration (EBSA), Department of
Labor.
ACTION: Notice.
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SUMMARY: The Department of Labor (the Department), in accordance with
the Paperwork Reduction Act, provides the general public and Federal
agencies with an opportunity to comment on proposed and continuing
collections of information. This helps the Department assess the impact
of its information collection requirements and minimize the public's
reporting burden. It also helps the public understand the Department's
information collection requirements and provide the requested data in
the desired format. The Employee Benefits Security Administration
(EBSA) is soliciting comments on the extension of the information
collection requests (ICRs) contained in the documents described below.
A copy of the ICRs may be obtained by contacting the office listed in
the ADDRESSES section of this notice. ICRs also are available at
<a href="http://reginfo.gov">reginfo.gov</a> (<a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>).
DATES: Written comments must be submitted to the office shown in the
ADDRESSES section on or before March 7, 2025.
ADDRESSES: U.S. Department of Labor, Employee Benefits Security
Administration, Office of Research and Analysis, Attention: PRA
Officer, 200 Constitution Avenue NW, Room N-5718, Washington, DC 20210,
or <a href="/cdn-cgi/l/email-protection#a2c7c0d1c38ccdd2d0e2c6cdce8cc5cdd4"><span class="__cf_email__" data-cfemail="f99c9b8a98d796898bb99d9695d79e968f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Current Actions
This notice requests public comment on the Department's request for
extension of the Office of Management and Budget's (OMB) approval of
ICRs contained in the rules and prohibited transaction exemptions
described below. This action is not related to any pending rulemakings
and the Department is not proposing any changes to the existing ICRs at
this time. An agency may not conduct or sponsor, and a person is not
required to respond to, an information collection unless it displays a
valid OMB control number. A summary of the ICRs and the burden
estimates follows:
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Notice of Special Enrollment Rights under Group Health
Plans.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0101.
Affected Public: Private sector, Businesses or other for-profits,
Not-for-profit institutions.
Respondents: 2,007,298.
Responses: 8,618,763.
Estimated Total Burden Hours: 552.
Estimated Total Burden Cost (Operating and Maintenance): $430,938.
Description:
Section 701(f) of the Employee Retirement Income Security Act
(ERISA) provides special enrollment rights to individuals who have
previously declined health coverage offered to them to enroll in health
coverage upon the occurrence of specified events, including when they
lose other coverage, when employer contributions to the cost of other
coverage cease, and when they marry, have a child or adopt a child
(``special enrollment events''). Plans and issuers are required to
provide for 30-day special enrollment periods following any of these
events during which individuals who are eligible but not enrolled have
a right to enroll without being denied enrollment or having to wait for
a late enrollment opportunity (often called ``open enrollment'').
A group health plan may require, as a pre-condition to having a
special enrollment right to enroll in group health coverage after
losing eligibility under other coverage, that an employee or
beneficiary who declines coverage provide the plan a written statement
declaring whether he or she is declining coverage because of having
other coverage. Failure to provide such a written statement can then be
treated as eliminating the individual's right to special enrollment
upon losing eligibility for such other coverage. The regulations
further establish that the right to special enroll can be denied in
such circumstances only if employees are given notice of the
requirement for a written statement and the consequences of failing to
provide the
[[Page 672]]
written statement at the time an employee declines enrollment. As part
of the special enrollment notice, it must be given at or before the
time the employee is initially offered the opportunity to enroll.
This information collection request covers the requirement in the
implementing regulations under section 701(f) for a special enrollment
notice. This information collection implements the disclosure
obligation of a plan to inform all employees, at or before the time
they are initially offered the opportunity to enroll in the plan, of
the plan's special enrollment rules. The regulations require plans and
their issuers to provide all employees with a notice describing their
special enrollment rights, whether or not they enroll.
The Department has received approval from OMB for this ICR under
OMB Control No. 1210-0101. The current approval is scheduled to expire
on August 31, 2025.
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Annual Report for Multiple Employer Welfare Arrangements
Form M-1.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0116.
Affected Public: Private sector, Business or other for profits,
Not-for-profit institutions.
Respondents: 719.
Responses: 719.
Estimated Total Burden Hours: 1,839.
Estimated Total Burden Cost (Operating and Maintenance): $0.
Description:
The Health Insurance Portability and Accountability Act of 1996
(HIPAA), codified as part 7 of title I of the Employee Retirement
Security Act of 1974 (ERISA), was enacted to improve the portability
and continuity of health care coverage for participants and
beneficiaries of group health plans. HIPAA also added section 101(g) to
ERISA, providing the Secretary of Labor (Secretary) with authority to
require, by regulation, multiple employer welfare arrangements (MEWAs)
as defined in section 3(40) of ERISA, that offer or provide coverage
for medical benefits but which are not group health plans (non-plan
MEWAs), to report annually for the purpose of determining compliance
with part 7 requirements. While the statutory authority was directed at
non-plan MEWAs, based on the authority in ERISA sections 101(g), 505,
and 734, the Department of Labor (Department) in 2003 promulgated a
regulation at 29 CFR 2520.101-2 that required the administrators of
both plan MEWAs and non-plan MEWAs that offer or provide coverage for
medical benefits, as well certain entities that claim not to be a MEWA
solely due to the exception in section 3(40)(A)(i) of ERISA (referred
to as ``Entities Claiming Exception'' or ``ECEs''), to file the Form M-
1 on an annual basis (Form M-1 annual report).
The Patient Protection and Affordable Care Act and the Health Care
and Education Reconciliation Act of 2010 (these are collectively known
as the ``Affordable Care Act'' or ``ACA'') amended section 101(g) of
ERISA to require non-plan MEWAs that provide benefits consisting of
medical care to register with the Secretary before operating in a
State. In 2011, the Department amended the Form M-1 reporting
regulations to enact the ACA required provisions by requiring all MEWAs
(plan and non-plan MEWAs) that offer or provide coverage for medical
benefits and ECEs to register with the Secretary upon occurrence of
certain registration events, such as prior to operating in a State, in
addition to continued reporting on an annual basis regarding compliance
with part 7 of ERISA.
The Department has received approval from OMB for this ICR under
OMB Control No. 1210-0116. The current approval is scheduled to expire
on August 31, 2025.
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Employee Retirement Income Security Act of 1974 Investment
Manager Electronic Registration.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0125.
Affected Public: Private sector, Business or other for profits,
Not-for-profit institutions.
Respondents: 3.
Responses: 3.
Estimated Total Burden Hours: 3.
Estimated Total Burden Cost (Operating and Maintenance): $230.
Description:
Section 203A(a) of the Investment Advisers Act of 1940 (and the
implementing SEC regulations) provides thresholds for when investment
advisers must register with the SEC or with one or more states
To qualify as investment manager under ERISA, investment advisers
that register with a state, rather than with the SEC, must satisfy
ERISA's section 3(38) requirement to file a copy of the State
registration with the Department by electronically registering through
the Investment Adviser Registration Depository (IARD). This is a
centralized electronic filing system operated by the SEC in conjunction
with State securities regulation authorities. Because the IARD was
established by the SEC and the states, and made mandatory for advisers
required to file with SEC, and because all States permit filing through
IARD even for advisers who do not file with SEC, the Department
determined that use of the IARD would eliminate the duplication of
filing paper copies of State registration forms with the Department and
facilitate creation of a uniform and efficient ``one-stop'' filing
system for state-registered filings by advisers who wished to meet the
``investment manager'' definition of ERISA section 3(38).
The Department has received approval from OMB for this ICR under
OMB Control No. 1210-0125. The current approval is scheduled to expire
on August 31, 2025.
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Multiple Employer Welfare Arrangement Administrative Law
Judge Administrative Hearing Procedures.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0148.
Affected Public: Private sector, Business or other for profits,
Not-for-profit institutions.
Respondents: 10.
Responses: 10.
Estimated Total Burden Hours: 20.
Estimated Total Burden Cost (Operating and Maintenance): $686,900.
Description:
Section 521 of ERISA, 29 U.S.C. 1151, provides that the Secretary
of Labor may issue ex parte cease and desist orders when it appears to
the Secretary that the alleged conduct of a multiple employer welfare
arrangement (MEWA) under section 3(40) of the Act, 29 U.S.C. 1002(40),
is fraudulent, or creates an immediate danger to the public safety or
welfare, or is causing or can be reasonably expected to cause
significant, imminent, and irreparable public injury. Section 521(b)
provides that a person that is adversely affected by the issuance of a
cease and desist order may request an administrative hearing regarding
the order. The Department has promulgated a final regulation that is
the subject of this information collection request, which describes the
procedures before an administrative law judge (ALJ) when a person seeks
an administrative hearing for review of such an order.
Under section 2571.3 of the rule, the party that is subject to a
cease and desist order issued under ERISA section 521
[[Page 673]]
has the burden to initiate an adjudicatory proceeding before an ALJ.
Section 2571.3 governs the service of documents necessary to initiate
ALJ proceedings by such a party on the Secretary of Labor and the ALJ.
The Department has received approval from OMB for this ICR under OMB
Control No. 1210-0148. The current approval is scheduled to expire on
August 31, 2025.
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Alternative Reporting Methods for Apprenticeship and
Training Plans and Top Hat Plans.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0153.
Affected Public: Private sector, Business or other for profits,
Not-for-profit institutions.
Respondents: 1,800.
Responses: 1,800.
Estimated Total Burden Hours: 300.
Estimated Total Burden Cost (Operating and Maintenance): $0.
Description:
Section 2520.104-22 provides an exemption to the reporting and
provision of part 1 of title I of ERISA for employee welfare benefit
plans that provide exclusively apprenticeship and training benefits if
the plan administrator meets the following requirements: (1) Files a
notice with the Secretary that provides the name of the plan, the plan
sponsor's Employer Identification Number, the plan administrator's
name, and the name and location of an office or person from whom
interested individuals can obtain certain info about courses offered by
the plan; and (2) takes steps reasonably designed to ensure that the
information required to be contained in the notice is disclosed to
employees of employers contribution to the plan who may be eligible to
enroll in any course of study sponsored or establish by the plan; (3)
and makes the notice available to employees upon request.
Under 2520.14-23, the Department provides an alternative method of
compliance with the reporting and disclosure of Title I of ERISA for
unfunded or insured plan established for a select group of management
of highly compensated employees (i.e., top hat plans). In order to
satisfy the alternative method of compliance, the plan administrator
must file a statement with the Secretary of Labor that includes the
name and address of the employer, the employer EIN, a declaration that
the employer maintains a plan or plans primarily for the purpose of
providing deferred compensation for a select group of management or
highly compensated employees, and a statement of the number of such
plans and the employees covered by each. Plan documents must be made
available to the Secretary upon request, and only one statement needs
to be filed for each employer maintaining one or more of the plans. The
2019 final rule requires electronic filing with the Secretary through
EBSA's website in accordance with instructions published by the
Department.
The Department has received approval from OMB for this ICR under
OMB Control No. 1210-0153. The current approval is scheduled to expire
on August 31, 2025.
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Securities Lending by Employee Benefit Plans, Prohibited
Transaction Exemption 2006-16.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0065.
Affected Public: Private sector, Business or other for profits.
Respondents: 182.
Responses: 1,820.
Estimated Total Burden Hours: 349.
Estimated Total Burden Cost (Operating and Maintenance): $18,191.
Description:
In 2006, the Department promulgated a final class exemption, PTE
2006-16, which amended and replaced the exemptions previously provided
under PTE 81-6 and PTE 82-63. The final exemption incorporates the
exemptions into one renumbered exemption and expands the categories of
exempted transactions to include securities lending to foreign banks
and foreign broker-dealers that are domiciled in specified countries
and to allow the use of additional forms of collateral, all subject to
specified conditions outlined in the exemption.
Among other conditions, the class exemption requires a bank or
broker-dealer that borrows securities from a plan to provide the
lending fiduciary with its most recent audited financial statement and
its most recent unaudited statement if the unaudited statement is more
recent than the audited financial statement. The borrower must also
represent, at the time the loan is negotiated, that there has been no
material adverse change in its financial condition since the date of
the most recent financial statement provided to the plan that has not
been disclosed to the lending fiduciary. The exemption also requires
the loan be made pursuant to a written loan agreement. Individual
agreements are not required for each transaction; rather the
compensation agreement may be made in the form of a master agreement
covering a series of transactions.
The Department has received approval from OMB for this ICR under
OMB Control No. 1210-0065. The current approval is scheduled to expire
on October 31, 2025.
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Prohibited Transaction Class Exemption 1988-59, Residential
Mortgage Financing Arrangements Involving Employee Benefit Plans.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0095.
Affected Public: Private sector, Business or other for profits,
Not-for-profit institutions.
Respondents: 2,289.
Responses: 11,445.
Estimated Total Burden Hours: 7,630.
Estimated Total Burden Cost (Operating and Maintenance): $10,816.
Description:
Prohibited Transaction Class Exemption (PTE) 88-59, which amended
and replaced PTE 82-87, allows employee benefit plans to participate in
several different types of residential mortgage financing transactions,
provided certain conditions are met. The five categories of
transactions permitted under the exemption are: (1) issuance of
commitments for the provision of mortgage financing to purchasers of
residential dwelling units; (2) receipt by a plan of a fee for the
issuance of the commitments; (3) the actual making or purchase of a
mortgage loan or participation interest therein pursuant to the
commitment; (4) the direct making or purchase of an mortgage loan or
participation interest therein without the precondition of a
commitment; and (5) the sale, exchange or transfer of a mortgage loan
or participation interest therein prior to the maturity date of the
instrument, provided that the ownership interest sold, exchanged, or
transferred represents the plan's entire interest in such investment.
Among other conditions, the exemption requires a plan to maintain
for the duration of any loan made pursuant to this exemption all
records necessary to determine whether conditions of the exemption have
been met and to make such records available for examination on request
by any trustee, investment manager, participant or beneficiary of the
plan, or agents of the Department or the IRS.
The Department has received approval from OMB for this ICR under
[[Page 674]]
OMB Control No. 1210-0095. The current approval is scheduled to expire
on October 31, 2025.
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Access to Multiemployer Plan Information.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0131.
Affected Public: Private sector, Business or other for profits,
Not-for-profit institutions.
Respondents: 2,450.
Responses: 221,478.
Estimated Total Burden Hours: 32,220.
Estimated Total Burden Cost (Operating and Maintenance): $0.
Description:
Section 101(k)(1) of ERISA requires multiemployer plan
administrators to furnish certain documents to any plan participant,
beneficiary, employee representative, or any employer that has an
obligation to contribute to the plan upon written request. The
Department issued a final rule that implements the disclosure
requirements of ERISA section 101(k) on March 2, 2010 (75 FR 9334). The
documents that may be requested are: (1) A copy of any periodic
actuarial report (including sensitivity testing) received by the plan
for any plan year which has been in the plan's possession for at least
30 days; (2) a copy of any quarterly, semi-annual, or annual financial
report prepared for the plan by any plan investment manager or advisor
or other fiduciary that has been in the plan's possession for at least
30 days; and (3) a copy of any application filed with the Secretary of
the Treasury requesting an extension under section 304 of ERISA (or
section 431(d) of the Internal Revenue Code of 1986) and the
determination of such Secretary pursuant to such application.
The information collection provisions of this final regulation are
found in 29 CFR 2520.101-6(a), which requires multiemployer defined
benefit and defined contribution pension plan administrators to furnish
copies of certain actuarial and financial documents to plan
participants, beneficiaries, employee representatives, and contributing
employers upon request.
This information constitutes a third-party disclosure from the
administrator to participants, beneficiaries, employee representatives,
and contributing employers for purposes of the PRA. Pursuant to Sec.
2520.101-6(d)(5), the documents required to be disclosed shall not
contain any information that the plan administrator reasonably
determines to be either: (i) Individually identifiable information
regarding any plan participant, beneficiary, employee, fiduciary, or
contributing employer, except that such limitation shall not apply to
an investment manager or adviser, or with respect to any other person
(other than an employee of the plan) preparing a financial report
described in paragraph Sec. 2520.101-6(c)(2); or (ii) proprietary
information regarding the plan, any contributing employer, or entity
providing services to the plan. The plan administrator must inform the
requester if any such information is withheld.
The Department has received approval from OMB for this ICR under
OMB Control No. 1210-0131. The current approval is scheduled to expire
on October 31, 2025.
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: National Medical Support Notice--Part B.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0113.
Affected Public: Private sector, Businesses or other for-profits.
Respondents: 381,290.
Responses: 19,352,287.
Estimated Total Burden Hours: 1,215,658.
Estimated Total Burden Cost (Operating and Maintenance):
$6,400,769.
Description:
Pursuant to section 401(a) of the CSPIA, the Department of Labor
(the Department) and HHS jointly promulgated the National Medical
Support Notice Final Rule on December 27, 2000 (65 FR 82128) (NMSN
Regulation). The NMSN Regulation simplifies the issuance and processing
of medical child support orders; standardizes communication between
State agencies, employers, and Plan Administrators; and creates a
uniform and streamlined process for enforcement of medical child
support to ensure that all eligible children receive the health care
coverage to which they are entitled.
The NMSN Regulation, codified at 29 CFR 2590.609-2, includes a
model National Medical Support Notice (NMSN) that is comprised of two
parts: part A is a notice from the State agency to the employer,
entitled: ``Notice to Withhold for Health Care Coverage;'' and part B
is a notice from the employer to the Plan Administrator, entitled:
``Medical Support Notice to Plan Administrator.'' Both parts have
detailed instructions informing the recipient to whom responses are due
depending on varying circumstances. This ICR addresses the Plan
Administrator's responsibilities under NMSN Regulation to complete part
B of the NMSN, the ``Plan Administrator Response,'' pursuant to the
CSPIA and section 609(a)(5)(C) of title I of ERISA.
The ``Plan Administrator Response'' in part B of the NMSN requires
the Plan Administrator to provide information verifying whether the
child is or will be receiving health care coverage from the group
health plan. If enrollment has already occurred or can begin
immediately, the Plan Administrator's response in part B serves as
notice to the State agency, the participant (parent), the child, their
non-participant parent or guardian and the employer that the child is
or will begin receiving dependent health care coverage pursuant to the
group health plan. When the child is eligible for more than one
coverage option, the Administrator must first send the part B response
to the State agency so that the agency may choose one option. The Plan
Administrator must also use the part B response to notify all of the
above-affected persons of any waiting period before enrollment of the
child can occur.
The Department has received approval from OMB for this ICR under
OMB Control No. 1210-0113. The current approval is scheduled to expire
on November 30, 2025.
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: No Surprises Act: IDR Process.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0169.
Affected Public: Private sector, Business or other for profits,
Not-for-profit institutions.
Respondents: 22,828.
Responses: 163,546.
Estimated Total Burden Hours: 89,520.
Estimated Total Burden Cost (Operating and Maintenance): $556,147.
Description:
On December 27, 2020, the Consolidated Appropriations Act, 2021
(CAA), which includes the No Surprises Act, was signed into law. The No
Surprises Act provides Federal protections against surprise billing and
limits out-of-network cost sharing under many of the circumstances in
which surprise bills arise most frequently. The CAA added provisions
applicable to group health plans and health insurance issuers in the
group and individual markets in a new part D of title XXVII of the
Public Health Service Act (PHS Act) and also added new provisions to
[[Page 675]]
part 7 of the Employee Retirement Income Security Act (ERISA), and
subchapter B of chapter 100 of the Internal Revenue Code (Code).
Section 102 of the No Surprises Act added Code section 9816, ERISA
section 716, and PHS Act section 2799A-1, which contain limitations on
cost sharing and requirements for initial payments for emergency
services and for nonemergency items and services furnished by
nonparticipating providers at participating health care facilities. In
addition, section 103 of the No Surprises Act amended Code section
9816, ERISA section 716, and PHS Act section 2799A-1 to establish a
Federal independent dispute resolution (Federal IDR) process that
nonparticipating providers or facilities and group health plans and
health insurance issuers in the group and individual market may use
following the end of an unsuccessful open negotiation period to
determine the out-of-network rate for certain services. More
specifically, the Federal IDR provisions may be used to determine the
out-of-network rate for certain emergency services, nonemergency items
and services furnished by nonparticipating providers at participating
health care facilities, where an All-Payer Model Agreement or specified
State law does not apply. Finally, section 105 of the No Surprises Act
created Code section 9817, ERISA section 717, and PHS Act section
2799A-2 which contain limitations on cost sharing and requirements for
initial payments for air ambulance services, and allow plans and
issuers and providers of air ambulance services to access the Federal
IDR process.
The Federal IDR process requires a number of disclosures from
plans, issuers, FEHB carriers, and nonparticipating providers or
nonparticipating emergency facilities. The Department has received
approval from OMB for this ICR under OMB Control No. 1210-0169. The
current approval is scheduled to expire on November 30, 2025.
II. Focus of Comments
The Department is particularly interested in comments that:
<bullet> Evaluate whether the collections of information are
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
<bullet> Evaluate the accuracy of the agency's estimate of the
collections of information, including the validity of the methodology
and assumptions used;
<bullet> Enhance the quality, utility, and clarity of the
information to be collected; and
<bullet> 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., by
permitting electronic submissions of responses.
Comments submitted in response to this notice will be summarized
and/or included in the ICR for OMB approval of the information
collection; they will also become a matter of public record.
Signed at Washington, DC, this 26th day of December 2024.
Lisa M. Gomez,
Assistant Secretary, Employee Benefits Security Administration, U.S.
Department of Labor.
[FR Doc. 2024-31607 Filed 1-3-25; 8:45 am]
BILLING CODE 4510-29-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.