The PBGCÂs regulation on Rules for Administrative Review of Agency Decisions prescribes rules governing the issuance of initial determinations by the PBGC and the procedures for requesting and obtaining administrative review of initial determinations. For those types of initial determinations subject to administrative appeals, the regulation prescribes rules on who may file appeals, when and where to file appeals, contents of appeals, and other matters relating to appeals. Most appeals filed with the PBGC are filed by individuals (participants, beneficiaries, and alternate payees) in connection with benefit entitlement or amounts. A small number of appeals are filed by employers in connection with other matters, such as plan coverage or employer liability. Appeals may be filed by hand, mail, commercial delivery service, fax or e-mail. For appeals of benefit determinations, the PBGC has developed new optional forms for filing appeals and requests for extensions of time to appeal.
The change in the estimated annual hourly and cost burden of this collection of information (from 643 hours and $46,680 to 212 hours and $33,440) is attributable to several changes. First, there is a decrease in the estimate of the total average number of appellants that will respond to this collection of information, decreasing from an average of 900 appellants per year to an average of 600 appellants. Second, there is a decrease in the estimate of the average annual burden of this collection of information, with the average amount of time per appellant decreasing (from forty-five minutes to twenty minutes). Taken together, these changes result in an estimated decrease in the total average hourly burden and cost burden of this information collection. Lastly, PBGC has adopted an experience-based burden.
PBGC previously estimated the time spent to prepare the information collection and relied on public comments received, if any, on the burden estimates. PBGC has switched to using âexperience-basedâ burden where possible. Experience-based burden uses actual experience â to arrive at estimated burden figures. The information is gathered by contacting nine or fewer people who file appeals and extension requests at PBGC. The resultant burden figures may be higher or lower than PBGCâs previous estimated figures â sometimes much higher or lower â and may fluctuate as time goes by and more experience is available.
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.
Form 723 Administrative Appeals (Individuals)
SS Appeals v.6.docx
Administrative Appeals (Employers)