The PBGCs 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 “experience-based” burden where possible. Experience-based
burden uses actual experience — 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 PBGC’s
previous estimated figures — sometimes much higher or lower — 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)