Prohibited Transaction Class Exemption
84–14 permits a party that is related to an employee benefit plan
to engage in transactions involving plan assets if, among other
conditions, the assets are managed by a qualified professional
asset manager (QPAM) that is independent of the parties in
interest. Additional relief is also available under specific
circumstances that are fully addressed within the exemption. The
information collection requirements that are conditions of the
exemption include written policies and procedures by a QPAM and
audit requirements. An independent auditor uses the written
policies and procedures to determine whether the QPAM is in
compliance with the written policies and procedures and whether the
exemption conditions have been met. These information collections
are designed to safeguard participants and beneficiaries in plans
that are involved in transactions covered by the exemption. The
exemption does not require any reporting or filing with the Federal
government.
US Code:
29
USC 1108 Name of Law: Employee Retirement Income Security Act
of 1974
Although no program changes
have been made, the Department is adjusting estimates of the burden
of this exemption in two respects. First, the Department is
revising its estimate of the number of respondents, based on more
recent Form 5500 data. Second, the Department is revising its
estimate of the wage costs due to increased labor costs and
inflation. The apparent anomaly of a decrease in the number of
responses while the number of burden hours and costs seem to have
increased from the last submission results from the fact that the
this information collection was only implemented in 2010 and all
QPAMs, including those that were established, had to prepare
written plans. Now, only new QPAMs must prepare such plans.
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:
(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;
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.