Summary Plan Description Requirements Under the Employee Retirement Income Security Act of 1974, as Amended

Forms and Documents

Document	Type	Status	Availability
SPD Supporting Statement 6-6-16.doc	Supporting Statement A	Uploaded 2016-06-06	Available
Supplemental Tables05032016.doc	Supplementary Document	Uploaded 2016-05-04	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
13335	Summary Plan Description Requirements Under ERISA		Modified

ICR Details

OMB Control No: 1210-0039	ICR Reference No: 201605-1210-002
Status: Historical Active	Previous ICR Reference No: 201304-1210-001
Agency/Subagency: DOL/EBSA	Agency Tracking No:
Title: Summary Plan Description Requirements Under the Employee Retirement Income Security Act of 1974, as Amended
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: 08/01/2016
	Date Received in OIRA: 06/09/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2019	36 Months From Approved	07/31/2016
Responses	108,466,000	0	106,376,000
Time Burden (Hours)	279,000	0	260,000
Cost Burden (Dollars)	172,736,000	0	295,771,000

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Abstract: The Department's regulations provide guidance on the content, frequency, and manner of disclosures required under ERISA to be furnished by employee benefit plans to plan participants and certain specified plan beneficiaries periodically in Summary Plan Descriptions (SPDs), Summaries of Material Modifications(SMMs), and Summaries of Material Reductions (SMRs).

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Authorizing Statute(s): US Code: 29 USC 1022 Name of Law: Employee Retirement Income Security Act of 1974
   US Code: 29 USC 1024 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:
	80 FR 72990	11/23/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 37215	06/09/2016
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
Summary Plan Description Requirements Under ERISA

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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	108,466,000	106,376,000	0	0	2,090,000	0
Annual Time Burden (Hours)	279,000	260,000	0	0	19,000	0
Annual Cost Burden (Dollars)	172,736,000	295,771,000	0	0	-123,035,000	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: There have been no program changes to this ICR since the prior submission. Differences in burden estimation arise from adjustments to hourly labor cost rates, plan and participant numbers, assumptions on electronic disclosure, as well as the cost of postage. Although the number of respondents has decreased, the number of participants in these plans has increased, which produces an increase in the number of responses. The Department revised its estimates on the percentage of responses distributed electronically, which produced an increase in the share of responses distributed electronically and a decrease in the share of responses printed and mailed. This adjustment, in conjunction with the increase in the number of responses, an increase in labor cost rates, and an increase in postage rates (for responses mailed) resulted in a net increase in the hour burden and a net decrease in the cost burden.

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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: 06/09/2016

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