Voluntary Fiduciary Correction Program

Forms and Documents

Document	Type	Status	Availability
PRAVFCPss2012.doc	Supporting Statement A	Uploaded 2012-05-30	Available
20120529163935440.pdf	Supplementary Document	Uploaded 2012-05-29	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
13494	Voluntary Fiduciary Correction Program	Other-PTE 2002-51	Modified

ICR Details

OMB Control No: 1210-0118	ICR Reference No: 201204-1210-002
Status: Historical Active	Previous ICR Reference No: 200904-1210-001
Agency/Subagency: DOL/EBSA	Agency Tracking No:
Title: Voluntary Fiduciary Correction Program
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: 08/31/2012
	Date Received in OIRA: 06/07/2012
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2015	36 Months From Approved	08/31/2012
Responses	119,761	0	76,242
Time Burden (Hours)	25,920	0	6,863
Cost Burden (Dollars)	1,174,000	0	273,403

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Abstract: The program provides a method for voluntary correction of specified types of transactions that violate (or are suspected of violating) the prohibited transaction provisions of ERISA and for securing the Department's assurance that it will take no further action with respect to the corrected transaction. The exemption relieves applicants who make corrections under the Program of penalties under section 4975 of under the Internal Revenue Code under specified conditions.

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Authorizing Statute(s): US Code: 29 USC 1132 Name of Law: Employee Retirement 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:
	76 FR 76439	12/07/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 33772	06/07/2012
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
Voluntary Fiduciary Correction Program	NA	VCFP Model Application Form

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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	119,761	76,242	0	0	43,519	0
Annual Time Burden (Hours)	25,920	6,863	0	0	19,057	0
Annual Cost Burden (Dollars)	1,174,000	273,403	0	0	900,597	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 Department's estimates are based on the experience of the last three years. In 2009, there was one outlying submission from a service provider involving over 10,000 plans. Therefore, the number of estimated respondents has been increased from 1,525 to 5,760, and the total annual hours requested have been increased to 25,920. The Department also has revised the wage and postal rates. Additionally, the Department has updated the Federal burden after a discussion with the enforcement office. The labor hours dedicated to the program have been revised downwards while the overhead costs of Federal time has been revised upwards. Overall, this has reduced the estimated cost to the Federal government.

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Annual Cost to Federal Government: $1,470,000

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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

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: 06/07/2012

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