TD 9641 - Suspension or Reduction of Safe Harbor Contributions (REG-115699-09)

Forms and Documents

Document Name	Status
TD_9641_1545-2191_SS_25NOV2013.doc Supporting Statement A	2013-12-05

IC Document Collections

IC ID	Document Title	Status
189095	TD 9641 - Suspension or Reduction of Safe Harbor Contributions (REG-115699-09)	Modified

ICR Details

OMB Control No: 1545-2191	ICR Reference No: 201311-1545-033
Status: Historical Active	Previous ICR Reference No: 201308-1545-079
Agency/Subagency: TREAS/IRS	Agency Tracking No: Final 1545-BI64
Title: TD 9641 - Suspension or Reduction of Safe Harbor Contributions (REG-115699-09)
Type of Information Collection: Reinstatement without change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 03/01/2014
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/05/2014
	Date Received in OIRA: 12/05/2013
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2014	6 Months From Approved
Responses	5,000	0	0
Time Burden (Hours)	10,000	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This rule relates to certain cash or deferred arrangements under section 401(k) and matching contributions and employee contributions under section 401(m). The collection of information relates to the new supplemental notice requirements in the case of a reduction or suspension of safe harbor non-elective or matching contributions and the requirement to include additional information in the notice for certain plans that would be permitted to reduce or suspend safe harbor non-elective or matching contributions for a plan year even if the employer had not experienced a business hardship.

Emergency Justfication: Reinstatement.

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Authorizing Statute(s): US Code: 26 USC 401(k) Name of Law: Cash or deferred arrangments.
   US Code: 26 USC 401(m) Name of Law: Nondiscrimination test for matching contributions and employee contributions
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1545-BI64	Final or interim final rulemaking	78 FR 68735	11/15/2013

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Federal Register Notices & Comments

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
TD 9641 - Suspension or Reduction of Safe Harbor Contributions (REG-115699-09)

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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	5,000	0	0	5,000	0	0
Annual Time Burden (Hours)	10,000	0	0	10,000	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: Changing Regulations

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

Burden Reduction Due to:

Short Statement: This is a reinstatement without change of a previously approved information collection. An information collection request was submitted to the Office of Management and Budget (OMB) at the time of the proposed regulations and the collection received a preapproval and an OMB number was assigned. The collection was activated prior to the publication of the final rule and was discontinued to be later reinstated when final regulations were published. Final regulations have been published, and we wish to reinstate this information collection at this time.

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Annual Cost to Federal Government: $0

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: 12/05/2013

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