RI 38-117, Rollover Election, RI 37-118, Rollover Information, and RI 37-22, Special Tax Notice Regarding Rollovers

Forms and Documents

Document Name	Status
Form RI 38-118 RI 38-117, Rollover Election Form and Instruction	Modified
Revised OMB83-I_RI38-117.pdf Supplementary Document	2010-01-19
RI 38-117 SS revised 01-2010.doc Supporting Statement A	2010-01-25

IC Document Collections

IC ID	Document Title	Status
33708	RI 38-117, Rollover Election Form and Instruction	Modified

ICR Details

OMB Control No: 3206-0212	ICR Reference No: 200911-3206-005
Status: Historical Active	Previous ICR Reference No: 200810-3206-008
Agency/Subagency: OPM	Agency Tracking No:
Title: RI 38-117, Rollover Election, RI 37-118, Rollover Information, and RI 37-22, Special Tax Notice Regarding Rollovers
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 01/29/2010
	Date Received in OIRA: 11/06/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2013	36 Months From Approved	01/31/2010
Responses	1,500	0	1,500
Time Burden (Hours)	1,000	0	750
Cost Burden (Dollars)	0	0	0

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Abstract: Public Law 107-16 amends the Internal Revenue Code to allow OPM to roll over taxable and non-taxable payments to IRA's, Thrift Savings, or other retirement plans at the option of the payee. Public Law 109-280 allows OPM to rollover taxable payments to Roth IRAs after withholding Federal Income Tax. The payee uses RI 38-117 to inform OPM of his wishes. RI 38-118 explains the election. RI 37-22, Special Tax Notice Regarding Rollovers, provides more detailed information.

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Authorizing Statute(s): PL: Pub.L. 107 - 16 641 Name of Law: Rollovers allowed among various types of plans
   PL: Pub.L. 107 - 16 643 Name of Law: Rollovers of after-tax contributions
   PL: Pub.L. 107 - 147 411 Name of Law: Amendments related to Economic Growth and Tax Relief Reconciliation Act of 2001
   US Code: 5 USC 8432(j)(2) Name of Law: Lump-sum benefits; designation of beneficiary; order of precedence
   US Code: 26 USC 402(f) and 402(c)(2) Name of Law: Taxability of beneficiary of employees' trust
  

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:
	74 FR 37738	07/29/2009
30-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 56673	11/02/2009
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
RI 38-117, Rollover Election	RI 38-118, RI 38-117, RI 37-22	Rollover Information ,   Rollover Election ,   Special Tax Notice Regarding Rollovers

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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	1,500	1,500	0	0	0	0
Annual Time Burden (Hours)	1,000	750	0	250	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: The respondent burden increased because RI 37-22, Special Tax Notice Regarding Rollovers, now includes information regarding the effect of rolling the payment into a Roth IRA. Section 408A of the Internal Revenue Code now permits such a rollover. More time is needed for the applicant to consider this added option.

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Annual Cost to Federal Government: $8,500

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)? No

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: 11/06/2009

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