80_FR_64230 80 FR 64026 - Submission of Information Collection for OMB Review; Comment Request; Qualified Domestic Relations Orders Submitted to PBGC

80 FR 64026 - Submission of Information Collection for OMB Review; Comment Request; Qualified Domestic Relations Orders Submitted to PBGC

PENSION BENEFIT GUARANTY CORPORATION

Federal Register Volume 80, Issue 204 (October 22, 2015)

Page Range64026-64027
FR Document2015-26858

Pension Benefit Guaranty Corporation (``PBGC'') is requesting that the Office of Management and Budget (``OMB'') extend approval, under the Paperwork Reduction Act, of the collection of information in PBGC's booklet Qualified Domestic Relations Orders & PBGC (OMB control number 1212-0054; expires October 31, 2015). This notice informs the public of PBGC's request and solicits public comment on the collection of information.

Federal Register, Volume 80 Issue 204 (Thursday, October 22, 2015)
[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Notices]
[Pages 64026-64027]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26858]


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PENSION BENEFIT GUARANTY CORPORATION


Submission of Information Collection for OMB Review; Comment 
Request; Qualified Domestic Relations Orders Submitted to PBGC

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Notice of request for extension of OMB approval.

-----------------------------------------------------------------------

SUMMARY: Pension Benefit Guaranty Corporation (``PBGC'') is requesting 
that the Office of Management and Budget (``OMB'') extend approval, 
under the Paperwork Reduction Act, of the collection of information in 
PBGC's booklet Qualified Domestic Relations Orders & PBGC (OMB control 
number 1212-0054; expires October 31, 2015). This notice informs the 
public of PBGC's request and solicits public comment on the collection 
of information.

DATES: Comments should be submitted by November 23, 2015.

ADDRESSES: Comments should be sent to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Attention: Desk 
Officer for Pension Benefit Guaranty Corporation, via electronic mail 
at OIRA_DOCKET@omb.eop.gov or by fax to (202) 395-6974.
    A copy of PBGC's request may be obtained without charge by writing 
to the Disclosure Division of the Office of the General Counsel of PBGC 
at the above address or by visiting that office or calling (202) 326-
4040 during normal business hours. (TTY and TDD users may call the 
Federal relay service toll free at 1-(800) 877-8339 and ask to be 
connected to (202) 326-4040.) The request is also available at http://www.pbgc.gov/prac/laws-and-regulations/information-collections-under-omb-review.html. The current QDRO booklet is available on PBGC's Web 
site at http://www.pbgc.gov/wr/benefits/qdro.html.

FOR FURTHER INFORMATION CONTACT: Jo Amato Burns, Attorney, Office of 
General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street 
NW., Washington, DC 20005-4026, 202-326-4400. (TTY and TDD users may 
call the Federal relay service toll-free at 1-800-877-8339 and ask to 
be connected to 202-326-4400.)

SUPPLEMENTARY INFORMATION: PBGC is requesting that OMB extend its 
approval of the guidance and model language and forms contained in the 
PBGC booklet, Qualified Domestic Relations Orders & PBGC.
    A defined benefit pension plan that does not have enough money to 
pay benefits may be terminated if the employer responsible for the plan 
faces severe financial difficulty, such as bankruptcy, and is unable to 
maintain the plan. In such an event, PBGC becomes trustee of the plan 
and pays benefits, subject to legal limits, to plan participants and 
beneficiaries.
    The benefits of a pension plan participant generally may not be 
assigned or alienated. However, Title I of ERISA provides an exception 
for domestic relations orders that relate to child support, alimony 
payments, or the marital property rights of an alternate payee (a 
spouse, former spouse, child, or other dependent of a plan 
participant). The exception applies only if the domestic relations 
order meets specific legal requirements that make it a qualified 
domestic relations order, or ``QDRO.''
    ERISA provides that pension plans are required to comply with only 
those domestic relations orders which are QDROs, and that the decision 
as to whether a domestic relations order is a QDRO is made by the plan 
administrator. When PBGC is trustee of a plan, it reviews submitted 
domestic relations orders to determine whether the order is qualified 
before paying benefits to an alternate payee. The requirements for 
submitting a QDRO are established by statute.
    To simplify the process, PBGC has included model QDROs and 
accompanying guidance in a booklet, Qualified Domestic Relations Orders 
& PBGC. The models and guidance assist parties by making it easier to 
comply with ERISA's QDRO requirements when drafting orders for plans 
trusteed by PBGC. The booklet does not create any additional 
requirements.
    PGBC is not making any substantive revisions to the current QDRO 
booklet. PGBC is adding text to clarify how separate interest orders 
are administered by PBGC and to explain how PBGC apportions adjustments 
required by ERISA's Title IV limitations on benefits between an 
alternate payee and a participant, as well as the consequences of such 
adjustments on each party. PBGC is also making other simplifying and 
clarifying changes to the QDRO booklet.

[[Page 64027]]

    The collection of information has been approved through October 31, 
2015, by OMB under control number 1212-0054. PBGC is requesting that 
OMB extend approval of the collection of information 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.
    PBGC estimates that it will receive 1,170 domestic relations orders 
annually and that the average annual burden of this collection of 
information is 2,117 hours and $704,500.

    Issued in Washington, DC, this 19 day of October 2015.
Judith Starr,
General Counsel, Pension Benefit Guaranty Corporation.
[FR Doc. 2015-26858 Filed 10-21-15; 8:45 am]
BILLING CODE 7709-02-P



                                              64026                       Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Notices

                                              Tuesday, November 3, 2015—8:30 a.m.                       Dated: October 14, 2015.                            800–877–8339 and ask to be connected
                                              until 5:00 p.m.                                         Peter Wen,                                            to 202–326–4400.)
                                                                                                      Acting Chief, Technical Support Branch,               SUPPLEMENTARY INFORMATION: PBGC is
                                                 The Subcommittee will discuss the                    Advisory Committee on Reactor Safeguards.             requesting that OMB extend its approval
                                              Draft Final Rule for 10 CFR 50.46c. The                 [FR Doc. 2015–26735 Filed 10–21–15; 8:45 am]          of the guidance and model language and
                                              Subcommittee will hear presentations
                                                                                                      BILLING CODE 7590–01–P                                forms contained in the PBGC booklet,
                                              by and hold discussions with the NRC                                                                          Qualified Domestic Relations Orders &
                                              staff and other interested persons                                                                            PBGC.
                                              regarding this matter. The                                                                                       A defined benefit pension plan that
                                                                                                      PENSION BENEFIT GUARANTY
                                              Subcommittee will gather information,                                                                         does not have enough money to pay
                                                                                                      CORPORATION
                                              analyze relevant issues and facts, and                                                                        benefits may be terminated if the
                                              formulate proposed positions and                        Submission of Information Collection                  employer responsible for the plan faces
                                              actions, as appropriate, for deliberation               for OMB Review; Comment Request;                      severe financial difficulty, such as
                                              by the Full Committee.                                  Qualified Domestic Relations Orders                   bankruptcy, and is unable to maintain
                                                 Members of the public desiring to                    Submitted to PBGC                                     the plan. In such an event, PBGC
                                              provide oral statements and/or written                                                                        becomes trustee of the plan and pays
                                                                                                      AGENCY: Pension Benefit Guaranty
                                              comments should notify the Designated                                                                         benefits, subject to legal limits, to plan
                                                                                                      Corporation.
                                              Federal Official (DFO), Christopher                                                                           participants and beneficiaries.
                                              Brown (Telephone 301–415–7111 or                        ACTION: Notice of request for extension
                                                                                                                                                               The benefits of a pension plan
                                              Email: Christopher.Brown@nrc.gov) five                  of OMB approval.                                      participant generally may not be
                                              days prior to the meeting, if possible, so              SUMMARY:   Pension Benefit Guaranty                   assigned or alienated. However, Title I
                                              that appropriate arrangements can be                    Corporation (‘‘PBGC’’) is requesting that             of ERISA provides an exception for
                                              made. Thirty-five hard copies of each                   the Office of Management and Budget                   domestic relations orders that relate to
                                              presentation or handout should be                       (‘‘OMB’’) extend approval, under the                  child support, alimony payments, or the
                                              provided to the DFO thirty minutes                      Paperwork Reduction Act, of the                       marital property rights of an alternate
                                              before the meeting. In addition, one                    collection of information in PBGC’s                   payee (a spouse, former spouse, child,
                                              electronic copy of each presentation                    booklet Qualified Domestic Relations                  or other dependent of a plan
                                              should be emailed to the DFO one day                    Orders & PBGC (OMB control number                     participant). The exception applies only
                                              before the meeting. If an electronic copy               1212–0054; expires October 31, 2015).                 if the domestic relations order meets
                                              cannot be provided within this                          This notice informs the public of                     specific legal requirements that make it
                                              timeframe, presenters should provide                    PBGC’s request and solicits public                    a qualified domestic relations order, or
                                              the DFO with a CD containing each                       comment on the collection of                          ‘‘QDRO.’’
                                              presentation at least thirty minutes                    information.                                             ERISA provides that pension plans
                                              before the meeting. Electronic                                                                                are required to comply with only those
                                                                                                      DATES:  Comments should be submitted                  domestic relations orders which are
                                              recordings will be permitted only
                                                                                                      by November 23, 2015.                                 QDROs, and that the decision as to
                                              during those portions of the meeting
                                              that are open to the public. Detailed                   ADDRESSES: Comments should be sent to                 whether a domestic relations order is a
                                              procedures for the conduct of and                       the Office of Information and Regulatory              QDRO is made by the plan
                                              participation in ACRS meetings were                     Affairs, Office of Management and                     administrator. When PBGC is trustee of
                                              published in the Federal Register on                    Budget, Attention: Desk Officer for                   a plan, it reviews submitted domestic
                                              October 1, 2014 (79 FR 59307).                          Pension Benefit Guaranty Corporation,                 relations orders to determine whether
                                                                                                      via electronic mail at OIRA_DOCKET@                   the order is qualified before paying
                                                 Detailed meeting agendas and meeting                 omb.eop.gov or by fax to (202) 395–                   benefits to an alternate payee. The
                                              transcripts are available on the NRC                    6974.                                                 requirements for submitting a QDRO are
                                              Web site at http://www.nrc.gov/reading-                    A copy of PBGC’s request may be                    established by statute.
                                              rm/doc-collections/acrs. Information                    obtained without charge by writing to                    To simplify the process, PBGC has
                                              regarding topics to be discussed,                       the Disclosure Division of the Office of              included model QDROs and
                                              changes to the agenda, whether the                      the General Counsel of PBGC at the                    accompanying guidance in a booklet,
                                              meeting has been canceled or                            above address or by visiting that office              Qualified Domestic Relations Orders &
                                              rescheduled, and the time allotted to                   or calling (202) 326–4040 during normal               PBGC. The models and guidance assist
                                              present oral statements can be obtained                 business hours. (TTY and TDD users                    parties by making it easier to comply
                                              from the Web site cited above or by                     may call the Federal relay service toll               with ERISA’s QDRO requirements when
                                              contacting the identified DFO.                          free at 1-(800) 877–8339 and ask to be                drafting orders for plans trusteed by
                                              Moreover, in view of the possibility that               connected to (202) 326–4040.) The                     PBGC. The booklet does not create any
                                              the schedule for ACRS meetings may be                   request is also available at http://                  additional requirements.
                                              adjusted by the Chairman as necessary                   www.pbgc.gov/prac/laws-and-                              PGBC is not making any substantive
                                              to facilitate the conduct of the meeting,               regulations/information-collections-                  revisions to the current QDRO booklet.
                                              persons planning to attend should check                 under-omb-review.html. The current                    PGBC is adding text to clarify how
                                              with these references if such                           QDRO booklet is available on PBGC’s                   separate interest orders are administered
                                              rescheduling would result in a major                    Web site at http://www.pbgc.gov/wr/                   by PBGC and to explain how PBGC
                                              inconvenience.                                          benefits/qdro.html.                                   apportions adjustments required by
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                                                 If attending this meeting, please enter              FOR FURTHER INFORMATION CONTACT: Jo                   ERISA’s Title IV limitations on benefits
                                              through the One White Flint North                       Amato Burns, Attorney, Office of                      between an alternate payee and a
                                              building, 11555 Rockville Pike,                         General Counsel, Pension Benefit                      participant, as well as the consequences
                                              Rockville, MD. After registering with                   Guaranty Corporation, 1200 K Street                   of such adjustments on each party.
                                              security, please contact Mr. Theron                     NW., Washington, DC 20005–4026, 202–                  PBGC is also making other simplifying
                                              Brown (Telephone 240–888–9835) to be                    326–4400. (TTY and TDD users may call                 and clarifying changes to the QDRO
                                              escorted to the meeting room.                           the Federal relay service toll-free at 1–             booklet.


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                                                                          Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Notices                                                  64027

                                                 The collection of information has                    Package Services 3 (GEPS 3) negotiated                 SECURITIES AND EXCHANGE
                                              been approved through October 31,                       service agreement (Agreement).1                        COMMISSION
                                              2015, by OMB under control number                          To support its Notice, the Postal
                                              1212–0054. PBGC is requesting that                      Service filed a copy of the Agreement,                 [Release No. 34–76174; File No. SR–
                                              OMB extend approval of the collection                   a copy of the Governors’ Decision                      NYSEArca–2015–74]
                                              of information for three years. An
                                                                                                      authorizing the product, a certification
                                              agency may not conduct or sponsor, and                                                                         Self-Regulatory Organizations; NYSE
                                                                                                      of compliance with 39 U.S.C. 3633(a),
                                              a person is not required to respond to,                                                                        Arca, Inc.; Notice of Designation of a
                                              a collection of information unless it                   and an application for non-public
                                                                                                      treatment of certain materials. It also                Longer Period for Commission Action
                                              displays a currently valid OMB control                                                                         on Proposed Rule Change Regarding a
                                              number.                                                 filed supporting financial workpapers.
                                                                                                                                                             Change to the Reference Index of the
                                                 PBGC estimates that it will receive                  II. Notice of Commission Action                        Market Vectors Short High Yield
                                              1,170 domestic relations orders                                                                                Municipal Index ETF
                                              annually and that the average annual                      The Commission establishes Docket
                                              burden of this collection of information                No. CP2016–8 for consideration of                      October 16, 2015.
                                              is 2,117 hours and $704,500.                            matters raised by the Notice.                             On August 27, 2015, NYSE Arca, Inc.
                                                Issued in Washington, DC, this 19 day of                The Commission invites comments on                   filed with the Securities and Exchange
                                              October 2015.                                           whether the Postal Service’s filing is                 Commission (‘‘Commission’’), pursuant
                                              Judith Starr,                                           consistent with 39 U.S.C. 3632, 3633, or               to Section 19(b)(1) of the Securities
                                              General Counsel, Pension Benefit Guaranty               3642, 39 CFR part 3015, and 39 CFR                     Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                              Corporation.                                            part 3020, subpart B. Comments are due                 19b–4 thereunder,2 a proposed rule
                                              [FR Doc. 2015–26858 Filed 10–21–15; 8:45 am]            no later than October 23, 2015. The                    change to reflect a change to the
                                              BILLING CODE 7709–02–P                                  public portions of the filing can be                   reference index relating to the Market
                                                                                                      accessed via the Commission’s Web site                 Vectors Short High Yield Municipal
                                                                                                      (http://www.prc.gov).                                  Index ETF. The proposed rule change
                                                                                                        The Commission appoints Curtis E.                    was published for comment in the
                                              POSTAL REGULATORY COMMISSION                                                                                   Federal Register on September 16,
                                                                                                      Kidd to serve as Public Representative
                                                                                                      in this docket.                                        2015.3 The Commission received no
                                              [Docket No. CP2016–8; Order No. 2760]                                                                          comment letters on the proposed rule
                                                                                                      III. Ordering Paragraphs                               change.
                                              New Postal Product
                                                                                                        It is ordered:                                          Section 19(b)(2) of the Act 4 provides
                                              AGENCY: Postal Regulatory Commission.                                                                          that, within 45 days of the publication
                                                                                                        1. The Commission establishes Docket                 of notice of the filing of a proposed rule
                                              ACTION: Notice.                                         No. CP2016–8 for consideration of the                  change, or within such longer period up
                                              SUMMARY:    The Commission is noticing a                matters raised by the Postal Service’s                 to 90 days as the Commission may
                                              recent Postal Service filing concerning                 Notice.                                                designate if it finds such longer period
                                              an additional Global Expedited Package                    2. Pursuant to 39 U.S.C. 505, Curtis E.              to be appropriate and publishes its
                                              Services 3 negotiated service agreement.                Kidd is appointed to serve as an officer               reasons for so finding or as to which the
                                              This notice informs the public of the                   of the Commission to represent the                     self-regulatory organization consents,
                                              filing, invites public comment, and                     interests of the general public in this                the Commission shall either approve the
                                              takes other administrative steps.                       proceeding (Public Representative).                    proposed rule change, disapprove the
                                              DATES: Comments are due: October 23,                      3. Comments are due no later than                    proposed rule change, or institute
                                              2015.                                                   October 23, 2015.                                      proceedings to determine whether the
                                              ADDRESSES: Submit comments
                                                                                                                                                             proposed rule change should be
                                                                                                        4. The Secretary shall arrange for                   disapproved. The Commission is
                                              electronically via the Commission’s                     publication of this order in the Federal
                                              Filing Online system at http://                                                                                extending this 45-day time period.
                                                                                                      Register.
                                              www.prc.gov. Those who cannot submit                                                                              The Commission finds that it is
                                              comments electronically should contact                   By the Commission.                                    appropriate to designate a longer period
                                              the person identified in the FOR FURTHER                Ruth Ann Abrams,                                       within which to take action on the
                                              INFORMATION CONTACT section by                          Acting Secretary.                                      proposed rule change so that it has
                                              telephone for advice on filing                          [FR Doc. 2015–26818 Filed 10–21–15; 8:45 am]           sufficient time to consider the proposed
                                              alternatives.                                           BILLING CODE 7710–FW–P
                                                                                                                                                             rule change. Accordingly, the
                                                                                                                                                             Commission, pursuant to Section
                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                             19(b)(2) of the Act,5 designates
                                              David A. Trissell, General Counsel, at
                                                                                                                                                             December 15, 2015, as the date by
                                              202–789–6820.
                                                                                                                                                             which the Commission should either
                                              SUPPLEMENTARY INFORMATION:                                                                                     approve or disapprove or institute
                                              Table of Contents                                                                                              proceedings to determine whether to
                                                                                                                                                             disapprove the proposed rule change
                                              I. Introduction
                                                                                                                                                             (File Number SR–NYSEArca-2015–74).
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                                              II. Notice of Commission Action
                                              III. Ordering Paragraphs
                                                                                                        1 Notice of United States Postal Service of Filing     1 15  U.S.C. 78s(b)(1).
                                              I. Introduction                                         a Functionally Equivalent Global Expedited               2 17  CFR 240.19b–4.
                                                                                                      Package Services 3 Negotiated Service Agreement          3 See Securities Exchange Act Release No. 75888
                                                On October 15, 2015, the Postal                       and Application for Non-Public Treatment of            (September 10, 2015), 80 FR 55701.
                                              Service filed notice that it has entered                Materials Filed Under Seal, October 15, 2015             4 15 U.S.C. 78s(b)(2).
                                              into an additional Global Expedited                     (Notice).                                                5 Id.




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Document Created: 2015-12-14 15:34:04
Document Modified: 2015-12-14 15:34:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of request for extension of OMB approval.
DatesComments should be submitted by November 23, 2015.
ContactJo Amato Burns, Attorney, Office of General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-4026, 202-326-4400. (TTY and TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4400.)
FR Citation80 FR 64026 

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