Mergers and Transfer Between Multiemployer Plans (29 CFR Part 4231)

Forms and Documents

Document Name	Status
Supporting Statement 4231 2018 final.4 9-10-18.docx Supporting Statement A	2018-09-11

IC Document Collections

IC ID	Document Title	Status
13536	Mergers and Transfer Between Multiemployer Plans (29 CFR Part 4231)	Modified

ICR Details

OMB Control No: 1212-0022	ICR Reference No: 201809-1212-003
Status: Active	Previous ICR Reference No: 201707-1212-001
Agency/Subagency: PBGC	Agency Tracking No:
Title: Mergers and Transfer Between Multiemployer Plans (29 CFR Part 4231)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/08/2018
	Date Received in OIRA: 09/14/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2021	36 Months From Approved	09/30/2020
Responses	20	0	14
Time Burden (Hours)	70	0	10
Cost Burden (Dollars)	222,800	0	42,800

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Abstract: 29 USC Sec. 1411 and 29 CFR part 4231 prescribe requirements for multiemployer pension plan mergers and transfers, including notification of PBGC by plan sponsors. Sponsors may also request PBGC determinations that the requirements were met. PBGC uses information submitted to determine whether the requirements were met.

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Authorizing Statute(s): US Code: 29 USC 1411 Name of Law: ERISA
   PL: Pub.L. 113 - 235 122 Name of Law: Multiemployer Pension Reform Act of 2014
  

Citations for New Statutory Requirements: PL: Pub.L. 113 - 235 122 Name of Law: Multiemployer Pension Reform Act of 2014

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1212-AB31	Final or interim final rulemaking	83 FR 46642	09/14/2018

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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
Mergers and Transfer Between Multiemployer Plans (29 CFR Part 4231)

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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	20	14	6	0	0	0
Annual Time Burden (Hours)	70	10	60	0	0	0
Annual Cost Burden (Dollars)	222,800	42,800	180,000	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: No

Burden Reduction Due to:

Short Statement: The Multiemployer Pension Reform Act of 2014 added a new section 4231(e), which clarifies PBGC's authority to facilitate a merger of two or more multiemployer plans if certain statutory requirements are met. PBGC's final rule provides guidance on the process and information requirements for a voluntary request for a facilitated merger under section 4231(e) of ERISA, including a financial assistance merger.

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Annual Cost to Federal Government: $240,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 09/14/2018

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