[Federal Register: December 23, 2004 (Volume 69, Number 246)]

[Notices]               

[Page 76962]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr23de04-98]                         



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PENSION BENEFIT GUARANTY CORPORATION



 

Submission of Information Collection for OMB Review; Comment 

Request; Liability for Termination of Single-Employer Plans



AGENCY: Pension Benefit Guaranty Corporation.



ACTION: Notice of request for extension of OMB approval.



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SUMMARY: The Pension Benefit Guaranty Corporation (``PBGC'') is 

requesting that the Office of Management and Budget (``OMB'') extend 

approval, under the Paperwork Reduction Act, of a collection of 

information in its regulation on Liability for Termination of Single-

Employer Plans, 29 CFR Part 4062 (OMB control number 1212-0017; expires 

January 31, 2005). This notice informs the public of the PBGC's request 

and solicits public comment on the collection of information.



DATES: Comments should be submitted by January 24, 2005.



ADDRESSES: Comments should be mailed to the Office of Information and 

Regulatory Affairs of the Office of Management and Budget, Attention: 

Desk Officer for Pension Benefit Guaranty Corporation, Washington, DC 

20503. Copies of the request for extension (including the collection of 

information) may be obtained without charge by writing to or visiting 

the PBGC's Communications and Public Affairs Department, suite 240, 

1200 K Street, NW., Washington, DC 20005-4026, or calling (202) 326-

4040. (TTY and TDD users may call 1-800-877-8339 and request connection 

to (202) 326-4040). The regulation on Employer Liability can be 

accessed on the PBGC's Web site at http://www.pbgc.gov.





FOR FURTHER INFORMATION CONTACT: Thomas H. Gabriel, Attorney, Office of 

the General Counsel, Pension Benefit Guaranty Corporation, 1200 K 

Street, NW., Washington, DC 20005-4026, (202) 326-4024. (For TTY and 

TDD, call 1-800-877-8339 and request connection to (202) 326-4024).



SUPPLEMENTARY INFORMATION: Section 4062 of the Employee Retirement 

Income Security Act of 1974 provides that the contributing sponsor of a 

single-employer pension plan and members of the sponsor's controlled 

group (``the employer'') incur liability (``employer liability'') if 

the plan terminates with assets insufficient to pay benefit liabilities 

under the plan. The PBGC's statutory lien for employer liability and 

the payment terms for employer liability are affected by whether and to 

what extent employer liability exceeds 30 percent of the employer's net 

worth.

    Section 4062.6 of the PBGC's employer liability regulation (29 CFR 

4062.6) requires a contributing sponsor or member of the contributing 

sponsor's controlled group who believes employer liability upon plan 

termination exceeds 30 percent of the employer's net worth to so notify 

the PBGC and to submit net worth information. This information is 

necessary to enable the PBGC to determine whether and to what extent 

employer liability exceeds 30 percent of the employer's net worth.

    The collection of information under the regulation has been 

approved by OMB under control number 1212-0017 (expires January 31, 

2005). The PBGC is requesting that OMB extend its approval for three 

years. An agency may not conduct or sponsor, and a person is not 

required to respond to, a collection of information unless it displays 

a currently valid OMB control number.

    The PBGC estimates that an average of 5 contributing sponsors or 

controlled group members per year will respond to this collection of 

information. The PBGC further estimates that the average annual burden 

of this collection of information will be 12 hours and $3,300 per 

respondent, with an average total annual burden of 60 hours and 

$16,500.



    Issued in Washington, DC, this 20th day of December, 2004.

Stuart A. Sirkin,

Director, Corporate Policy and Research Department, Pension Benefit 

Guaranty Corporation.

[FR Doc. 04-28115 Filed 12-22-04; 8:45 am]



BILLING CODE 7708-01-P