Waivers of Rights and Claims Under the ADEA; Informational Requirements

Forms and Documents

Document Name	Status
2016 60 day ADEA PRA notice 5.27.16.pdf Supplementary Document	2016-08-22
2016 30 day ADEA PRA notice 8.22.16.pdf Supplementary Document	2016-08-22
[2.07.17 Revised] Supporting Statement for 2016 PRA ADEA Waiver.docx Supporting Statement A	2017-02-07

IC Document Collections

IC ID	Document Title	Status
29381	Waivers of Rights and Claims Under the ADEA; Informational Requirements	Modified

ICR Details

OMB Control No: 3046-0042	ICR Reference No: 201608-3046-001
Status: Historical Active	Previous ICR Reference No: 201307-3046-001
Agency/Subagency: EEOC	Agency Tracking No:
Title: Waivers of Rights and Claims Under the ADEA; Informational Requirements
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 with change	Conclusion Date: 02/07/2017
	Date Received in OIRA: 08/22/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/29/2020	36 Months From Approved	02/28/2017
Responses	127	0	17,080
Time Burden (Hours)	2,090	0	25,620
Cost Burden (Dollars)	0	0	0

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Abstract: In order to allow an employee to make an informed decision, the ADEA requires that if an employer requests a waiver in association with a group termination program, the employer must disclose certain information to the employee in writing.

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Authorizing Statute(s): US Code: 29 USC 626(f)(1) Name of Law: Age Discrimination in Em[ployment Act
  

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:
	81 FR 33670	05/27/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 56652	08/22/2016
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
Waivers of Rights and Claims Under the ADEA; Informational Requirements

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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	127	17,080	0	-17,223	270	0
Annual Time Burden (Hours)	2,090	25,620	0	-23,935	405	0
Annual Cost Burden (Dollars)	0	0	0	0	0	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: EEOC has updated the time and burden estimate based on a limited survey conducted by EEOC staff and review of 2015 EEO-1 data. EEOC has increased the estimated amount of time that employers spend on the creation and distribution of ADEA waiver notices and decreased the number of employers who experience layoffs and use such waiver notices.

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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: 08/22/2016

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