Settlement Agreements Between a Plan and a Party in Interest

Forms and Documents

Document Name	Status
1210-0091 PTE 94-71 ss22 2-15-2022.docx Supporting Statement A	2022-02-15

IC Document Collections

IC ID	Document Title	Status
13416	Settlement Agreements Between a Plan and Party in Interest Other-PTE 94-71	Modified

ICR Details

OMB Control No: 1210-0091	ICR Reference No: 202201-1210-005
Status: Received in OIRA	Previous ICR Reference No: 201810-1210-004
Agency/Subagency: DOL/EBSA	Agency Tracking No:
Title: Settlement Agreements Between a Plan and a Party in Interest
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 02/24/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	04/30/2022
Responses	5,130	1,080
Time Burden (Hours)	100	23
Cost Burden (Dollars)	1,351	275

---

Abstract: Prohibited Transaction Exemption (PTE) 94-71 exempts from certain restrictions of ERISA and certain taxes of the Code, settlement agreements entered into between a plan and a party in interest resulting from an investigation of an employee benefit plan by the Department. PTE 03-39 similarly exempts from certain restrictions of ERISA and certain taxes of the Internal Revenue Code, settlement agreements entered into between a plan and a party in interest in avoidance of litigation.

---

Authorizing Statute(s): US Code: 29 USC 1108 Name of Law: ERISA
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 62208	11/09/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 10393	02/24/2022
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Settlement Agreements Between a Plan and Party in Interest

---

ICR Summary of Burden

	Total Request	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	5,130	1,080	0	0	4,050	0
Annual Time Burden (Hours)	100	23	0	0	77	0
Annual Cost Burden (Dollars)	1,351	275	0	0	1,076	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 burden estimates reflect increase in the number of settlement agreements each year and an increase in wage rates and postage rates.

---

Annual Cost to Federal Government: $0

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? No

---

Common Form ICR:  No

---

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: 02/24/2022

---