Section 2520.104-22 provides an
exemption to the reporting and provision of Part 1 of Title I of
ERISA for employee welfare benefit plans that provide exclusively
apprenticeship and training benefits if the plan administrator
meets the following requirements: (1) files a notice with the
Secretary that provides the name of the plan, the plan sponsor's
Employer Identification Number, the plan administrator's name, and
the name and location of an office or person from whom interested
individuals can obtain certain info about courses offered by the
plan; and (2) take steps reasonably designed to ensure that the
information required to be contained in the notice is disclosed to
employees of employers contribution to the plan who may be eligible
to enroll in any course of study sponsored or establish by the
plan; (3) and make the notice available to employees upon request.
Under 2520.104-23, the Department provides an alternative method of
compliance with the reporting and disclosure of Title I of ERISA
for unfunded or insured plan established for a select group of
management of highly compensated employees (i.e., top hat plans).
In order to satisfy the alternative method of compliance, the plan
administrator must file a statement with the Secretary of Labor
that includes the name and address of the employer, the employer
EIN, a declaration that the employer maintains a plan or plans
primarily for the purpose of providing deferred compensation for a
select group of management or highly compensated employees, and a
statement of the number of such plans and the employees covered by
each. Plan documents must be made available to the Secretary upon
request, and only one statement needs to be filed for each employer
maintaining one or more of the plans. The final rule revises the
current procedures for filing apprenticeship and training plan
notices and "top hat" plan statements with the Secretary of Labor
to require electronic submission of these notices and statements.
The final rule is not intended to express any view on, and does not
change, the current content requirements in the exemption under §
2520.104-22 for apprenticeship and training plans or the
alternative method of compliance under § 2520.104-23 for top hat
plans. The final rule revises § 2520.104-22(c) and § 2520.104-23(c)
to require Internet-based electronic filing of apprenticeship and
training plan notices and top hat plan statements with the
Secretary through EBSA's Web site. Once they are filed, these
notices and statements would be posted on the Department's Web site
at http://www.dol.gov/ebsa and be available to the public.
US Code:
29
USC 1023 Name of Law: Employee Retirement Income Security Act
of 1974
These updated burden estimates
reflect the most current data available on the number of filings
and a decrease in the number of hours needed for a benefits
administrator to complete the electronic filing. Additionally, with
the transition to electronic filing, the Department is no longer
assessing any time burden for clerical workers, nor any cost burden
for materials or postage. As a result of these changes, the hour
burden decreased from 562 to 321 and the cost burden decreased from
$4,659 to $0.
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.
1210-0153 Supporting Statement 2-7-2019.docx
Alternative Reporting Method