83 FR 50702 - Pendency for Request for Approval of Special Withdrawal Liability Rules: United Food and Commercial Workers International Union-Industry Pension Fund
PENSION BENEFIT GUARANTY CORPORATION Federal Register Volume 83, Issue 195 (October 9, 2018)
Federal Register Volume 83, Issue 195 (October 9, 2018)
| Page Range | 50702-50704 | |
| FR Document | 2018-21801 |
[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)] [Notices] [Pages 50702-50704] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21801] ======================================================================= ----------------------------------------------------------------------- PENSION BENEFIT GUARANTY CORPORATION Pendency for Request for Approval of Special Withdrawal Liability Rules: United Food and Commercial Workers International Union--Industry Pension Fund AGENCY: Pension Benefit Guaranty Corporation. ACTION: Notice of pendency of request. ----------------------------------------------------------------------- SUMMARY: This notice advises interested persons that the Pension Benefit Guaranty Corporation (``PBGC'') has received a request from the United Food and Commercial Workers International Union--Industry Pension Fund for approval of a plan amendment providing for special withdrawal liability rules. Under PBGC's regulation on Extension of Special Withdrawal Liability Rules, a multiemployer pension plan may, with PBGC approval, be amended to provide for special withdrawal liability rules similar to those that apply to the construction and entertainment industries. Such approval is granted only if PBGC determines that the rules apply to an industry with characteristics that make use of the special rules appropriate and that the rules will not pose a significant risk to the pension insurance system. Before granting an approval, PBGC's regulations require PBGC to give interested persons an opportunity to comment on the request. The purpose of this notice is to advise interested persons of the request and to solicit their views on it. DATES: Comments must be submitted on or before November 23, 2018. ADDRESSES: Comments may be submitted by any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Email: [email protected]. Refer to the UFCW Industry Plan in the subject line. Mail or Hand Delivery: Regulatory Affairs Division, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW, Washington, DC 20005-4026. All submissions received must include the agency's name (Pension Benefit Guaranty Corporation, or PBGC) and refer to the UFCW Industry Plan. All comments received will be posted without change to PBGC's website, http://www.pbgc.gov, including any personal information provided. Copies of comments may also be obtained by writing to Disclosure Division, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW, Washington, DC 20005-4026 or calling 202-326-4040 during normal business hours. (TTY users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4040.) FOR FURTHER INFORMATION CONTACT: Bruce Perlin ([email protected]), 202-326-4020, ext. 6818, or Elizabeth Coleman ([email protected]), ext. 3661, Office of the General Counsel, Suite 340, 1200 K Street NW, Washington, DC 20005-4026; (TTY users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4020.) SUPPLEMENTARY INFORMATION: Background Section 4203(a) of the Employee Retirement Income Security Act of 1974, as amended by the Multiemployer Pension Plan Amendments Act of 1980 (ERISA), provides that a complete withdrawal from a multiemployer plan generally occurs when an employer permanently ceases to have an obligation to contribute under the plan or permanently ceases all covered operations under the plan. Under section 4205 of ERISA, a partial withdrawal generally occurs when an employer: (1) Reduces its contribution base units by seventy percent in each of three consecutive years; or (2) permanently ceases to have an obligation under one or more but fewer than all collective bargaining agreements under which the employer has been obligated to contribute under the plan, while continuing to perform work in the jurisdiction of the collective bargaining agreement of the type for which contributions were previously required or transfers such work to another location or to an entity or entities owned or controlled by the employer; or (3) permanently ceases to have an obligation to contribute under the plan for work performed at one or more but fewer than all of its facilities, while continuing to perform work at the facility of the type for which the obligation to contribute ceased. Although the general rules on complete and partial withdrawal identify events that normally result in a diminution of the plan's contribution base, Congress recognized that, in certain industries and under certain circumstances, a complete or partial cessation of the obligation to contribute normally does not weaken the plan's contribution base. For that reason, Congress established special withdrawal rules for the construction and entertainment industries. For construction industry plans and employers, section 4203(b)(2) of ERISA provides that a complete withdrawal occurs only if an employer ceases to have an obligation to contribute under a plan and the employer either continues to perform previously covered work in the jurisdiction of the collective bargaining agreement or resumes such work within 5 years without renewing the obligation to contribute at the time of resumption. In the case of a plan terminated by mass withdrawal (within the meaning of section 4041(A)(2) of ERISA), section 4203(b)(3) provides that the 5-year restriction on an employer's resuming covered work is reduced to 3 years. Section 4203(c)(1) of ERISA applies the same special definition of complete withdrawal to the entertainment industry, except that the pertinent jurisdiction is the jurisdiction of the plan rather than the jurisdiction of the collective bargaining agreement. In contrast, the general definition of complete withdrawal in section 4203(a) of ERISA includes the permanent cessation of the obligation to contribute regardless of the continued activities of the withdrawn employer. Congress also established special partial withdrawal liability rules for the construction and entertainment industries. Under section 4208(d)(1) of ERISA, ``[a]n employer to whom section 4203(b) (relating to the building and construction industry) applies is liable for a partial withdrawal only if the [[Page 50703]] employer's obligation to contribute under the plan is continued for no more than an insubstantial portion of its work in the craft and area jurisdiction of the collective bargaining agreement of the type for which contributions are required.'' Under section 4208(d)(2) of ERISA, ``[a]n employer to whom Sec. 4203(c) (relating to the entertainment industry) applies shall have no liability for a partial withdrawal except under the conditions and to the extent prescribed by the [PBGC] by regulation.'' Section 4203(f)(1) of ERISA provides that PBGC may prescribe regulations under which plans in other industries may be amended to provide for special withdrawal liability rules similar to the rules prescribed in section 4203(b) and (c) of ERISA. Section 4203(f)(2) of ERISA provides that such regulations shall permit the use of special withdrawal liability rules only in industries (or portions thereof) in which PBGC determines that the characteristics that would make use of such rules appropriate are clearly shown, and that the use of such rules will not pose a significant risk to the insurance system under Title IV of ERISA. Section 4208(e)(3) of ERISA provides that PBGC shall prescribe by regulation a procedure by which plans may be amended to adopt special partial withdrawal liability rules upon a finding by PBGC that the adoption of such rules is consistent with the purposes of Title IV of ERISA. PBGC's regulations on Extension of Special Withdrawal Liability Rules (29 CFR part 4203) prescribe procedures for a multiemployer plan to ask PBGC to approve a plan amendment that establishes special complete or partial withdrawal liability rules. The regulation may be accessed on PBGC's website (http://www.pbgc.gov). Section 4203.5(b) of the regulation requires PBGC to publish a notice of the pendency of a request for approval of special withdrawal liability rules in the Federal Register, and to provide interested parties with an opportunity to comment on the request. The Request PBGC received a request from the United Food and Commercial Workers International Union--Industry Pension Fund (the ``Plan''), for approval of a plan amendment providing for special withdrawal liability rules. The Plan provided supplemental information in response to a request from PBGC. PBGC's summary of the actuarial reports provided by the Plan may be accessed on PBGC's website (http://www.pbgc.gov/prac/pg/other/guidance/multiemployer-notices.html). A copy of the Plan's submission can be requested from the PBGC Disclosure Officer. The fax number is 202-326-4042. It may also be obtained by writing the Disclosure Officer, PBGC, 1200 K Street NW, Suite 11101, Washington, DC 20005. In summary, the Plan is a multiemployer pension plan jointly maintained by Local Unions affiliated with the United Food and Commercial Workers International Union (``UFCW'') and employers signatory to collective bargaining agreements with the UFCW. The Plan covers unionized employees who work predominantly in the retail food industry. The Plan's proposed amendment would be effective for withdrawals occurring under ERISA section 4205(a)(1) during the 3-year testing period ending June 30, 2014, or any subsequent plan year and for any withdrawals occurring under sections 4203 and 4205(a)(2) of ERISA on or after July 1, 2013. Thus, the proposed amendment is intended to apply to cessations of the obligation to contribute that have already occurred. Plans may adopt this retroactive relief as a discretionary provision under ERISA section 4203.3(b)(2). There are two employers that may be eligible for relief from withdrawal liability under the proposed amendment if it is approved. The proposed amendment would create special withdrawal liability rules for employers contributing to the Plan for work performed under a contract or subcontract for services to federal government agencies (``Employer''). The Plan's submission represents that the industry for which the rule is requested has characteristics similar to those of the construction industry. According to the Plan, the principal similarity is that when an Employer loses a government contract, or subcontract, it usually does so through the competitive bidding process, and the applicable federal government agency typically contracts with a successor Employer that is obligated to contribute to the Plan at the same or substantially the same rate for the same employees. The Plan believes the proposed amendment may induce potential new employers to bid on work at a government facility and agree to continue making contributions to the Plan when they otherwise may avoid seeking a contribution obligation to the Plan to avoid potential withdrawal liability. Under the proposed amendment, the special withdrawal liability rules would apply to an Employer that ceases to have a contribution obligation to the Plan because it loses a governmental contract to a successor Employer (``Successor Employer''), if all the following conditions are met for the 5 plan years immediately following the year the Employer lost the contract. A complete withdrawal will not occur if an Employer loses all its governmental contracts to a Successor Employer, so long as: (1) Substantially all the employees for which the Employer was obligated to contribute to the Plan continue to perform covered work with a Successor Employer; (2) for each of the next 5 plan years the Successor Employer has an obligation to contribute at the same or a higher contribution rate to the Plan; (3) for each of the next 5 plan years the Successor Employer contributes substantially the same contribution base units as did the initial Employer in the plan year immediately prior to the year it lost the contract; and (4) the Employer posts a bond or establishes an escrow account equal to the lesser of the present value of its withdrawal liability or 5 years of installment payments of its withdrawal liability. The Employer will have experienced a complete withdrawal if within the 5 plan years following the year the Employer lost the contract, the Successor Employer's contract terminates, and no subsequent Successor Employer assumes the contribution obligations and conditions, or if the Successor Employer fails to meet the contribution conditions. A partial withdrawal will not occur if an Employer loses one or more, but less than all, of its governmental contracts to a Successor Employer, or if it loses all its governmental contracts but continues to have a contribution obligation to the Plan under a collective bargaining agreement, so long as: (1) For each of the next 5 plan years the Successor Employer has an obligation to contribute at the same or a higher contribution rate to the Plan; (2) for each of the next 5 plan years the Successor Employer contributes substantially the same contribution base units as did the initial Employer in the plan year immediately prior to the year it lost the contract; and (3) the Employer posts a bond or establishes an escrow account equal to the lesser of the present value of its partial withdrawal liability or 5 years of installment payments of its withdrawal liability. The Employer will have experienced a partial withdrawal if within the 5 plan years following the year the Employer lost the contract, the Successor Employer's contract terminates, and no subsequent Successor Employer assumes the contribution obligations and conditions, or if the Successor Employer fails to meet the contribution conditions. [[Page 50704]] Alternatively, the proposed amendment provides that an Employer that loses a governmental contract to a Successor Employer will not experience a complete or partial withdrawal if the Successor Employer assumes the Employer's contribution history under the affected contract(s) for the plan year in which the contract is lost and the 5 immediately preceding plan years. Lastly, the Plan's trustees may waive or reduce the bond or escrow requirement if the Employer demonstrates that doing so would not significantly increase the risk of financial loss to the Plan. The Plan's request includes the actuarial data on which the Plan relies to support its contention that the amendment will not pose a significant risk to the insurance system under Title IV of ERISA. Comments All interested persons are invited to submit written comments on the pending exemption request. All comments will be made part of the administrative record. William Reeder, Director, Pension Benefit Guaranty Corporation. [FR Doc. 2018-21801 Filed 10-5-18; 8:45 am] BILLING CODE 7709-02-P
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The Commission has determined that this notice is to advise interested obligation under one or more but fewer
these amendments satisfy the criteria for persons of the request and to solicit than all collective bargaining
categorical exclusion in accordance their views on it. agreements under which the employer
with 10 CFR 51.22. Therefore, pursuant DATES: Comments must be submitted on has been obligated to contribute under
to 10 CFR 51.22(b), no environmental or before November 23, 2018. the plan, while continuing to perform
impact statement or environmental ADDRESSES: Comments may be work in the jurisdiction of the collective
assessment need be prepared for these submitted by any of the following bargaining agreement of the type for
amendments. methods: which contributions were previously
• Federal eRulemaking Portal: http:// required or transfers such work to
IV. Conclusion
www.regulations.gov. Follow the another location or to an entity or
Using the reasons set forth in the entities owned or controlled by the
instructions for submitting comments.
combined safety evaluation, the staff • Email: reg.comments@pbgc.gov. employer; or (3) permanently ceases to
granted the exemptions and issued the Refer to the UFCW Industry Plan in the have an obligation to contribute under
amendments that SNC requested on the plan for work performed at one or
subject line.
April 20, 2018. The exemption and • Mail or Hand Delivery: Regulatory more but fewer than all of its facilities,
amendment were issued on September Affairs Division, Office of the General while continuing to perform work at the
25, 2018, as part of a combined package Counsel, Pension Benefit Guaranty facility of the type for which the
to SNC (ADAMS Accession No. Corporation, 1200 K Street NW, obligation to contribute ceased.
ML18232A526). Washington, DC 20005–4026. Although the general rules on
Dated at Rockville, Maryland, this 3rd day All submissions received must complete and partial withdrawal
of October 2018. include the agency’s name (Pension identify events that normally result in a
For the Nuclear Regulatory Commission. Benefit Guaranty Corporation, or PBGC) diminution of the plan’s contribution
Jennifer L. Dixon-Herrity, and refer to the UFCW Industry Plan. base, Congress recognized that, in
Chief, Licensing Branch 4, Division of All comments received will be posted certain industries and under certain
Licensing, Siting, and Environmental without change to PBGC’s website, circumstances, a complete or partial
Analysis, Office of New Reactors. http://www.pbgc.gov, including any cessation of the obligation to contribute
[FR Doc. 2018–21912 Filed 10–5–18; 8:45 am] personal information provided. Copies normally does not weaken the plan’s
BILLING CODE 7590–01–P of comments may also be obtained by contribution base. For that reason,
writing to Disclosure Division, Office of Congress established special withdrawal
the General Counsel, Pension Benefit rules for the construction and
Guaranty Corporation, 1200 K Street entertainment industries.
PENSION BENEFIT GUARANTY For construction industry plans and
CORPORATION NW, Washington, DC 20005–4026 or
employers, section 4203(b)(2) of ERISA
calling 202–326–4040 during normal
Pendency for Request for Approval of provides that a complete withdrawal
business hours. (TTY users may call the
Special Withdrawal Liability Rules: occurs only if an employer ceases to
Federal relay service toll-free at 1–800–
United Food and Commercial Workers have an obligation to contribute under
877–8339 and ask to be connected to
International Union—Industry Pension a plan and the employer either
202–326–4040.) continues to perform previously covered
Fund FOR FURTHER INFORMATION CONTACT: work in the jurisdiction of the collective
AGENCY: Pension Benefit Guaranty Bruce Perlin (Perlin.Bruce@PBGC.gov), bargaining agreement or resumes such
Corporation. 202–326–4020, ext. 6818, or Elizabeth work within 5 years without renewing
ACTION: Notice of pendency of request. Coleman (Coleman.Elizabeth@ the obligation to contribute at the time
PBGC.gov), ext. 3661, Office of the of resumption. In the case of a plan
SUMMARY: This notice advises interested General Counsel, Suite 340, 1200 K terminated by mass withdrawal (within
persons that the Pension Benefit Street NW, Washington, DC 20005– the meaning of section 4041(A)(2) of
Guaranty Corporation (‘‘PBGC’’) has 4026; (TTY users may call the Federal ERISA), section 4203(b)(3) provides that
received a request from the United Food relay service toll-free at 1–800–877– the 5-year restriction on an employer’s
and Commercial Workers International 8339 and ask to be connected to 202– resuming covered work is reduced to 3
Union—Industry Pension Fund for 326–4020.) years. Section 4203(c)(1) of ERISA
approval of a plan amendment SUPPLEMENTARY INFORMATION: applies the same special definition of
providing for special withdrawal complete withdrawal to the
liability rules. Under PBGC’s regulation Background
entertainment industry, except that the
on Extension of Special Withdrawal Section 4203(a) of the Employee pertinent jurisdiction is the jurisdiction
Liability Rules, a multiemployer Retirement Income Security Act of 1974, of the plan rather than the jurisdiction
pension plan may, with PBGC approval, as amended by the Multiemployer of the collective bargaining agreement.
be amended to provide for special Pension Plan Amendments Act of 1980 In contrast, the general definition of
withdrawal liability rules similar to (ERISA), provides that a complete complete withdrawal in section 4203(a)
those that apply to the construction and withdrawal from a multiemployer plan of ERISA includes the permanent
entertainment industries. Such approval generally occurs when an employer cessation of the obligation to contribute
is granted only if PBGC determines that permanently ceases to have an regardless of the continued activities of
the rules apply to an industry with obligation to contribute under the plan the withdrawn employer.
characteristics that make use of the or permanently ceases all covered Congress also established special
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special rules appropriate and that the operations under the plan. Under partial withdrawal liability rules for the
rules will not pose a significant risk to section 4205 of ERISA, a partial construction and entertainment
the pension insurance system. Before withdrawal generally occurs when an industries. Under section 4208(d)(1) of
granting an approval, PBGC’s employer: (1) Reduces its contribution ERISA, ‘‘[a]n employer to whom section
regulations require PBGC to give base units by seventy percent in each of 4203(b) (relating to the building and
interested persons an opportunity to three consecutive years; or (2) construction industry) applies is liable
comment on the request. The purpose of permanently ceases to have an for a partial withdrawal only if the
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![Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices 50703
employer’s obligation to contribute multiemployer-notices.html). A copy of (‘‘Successor Employer’’), if all the
under the plan is continued for no more the Plan’s submission can be requested following conditions are met for the 5
than an insubstantial portion of its work from the PBGC Disclosure Officer. The plan years immediately following the
in the craft and area jurisdiction of the fax number is 202–326–4042. It may year the Employer lost the contract.
collective bargaining agreement of the also be obtained by writing the A complete withdrawal will not occur
type for which contributions are Disclosure Officer, PBGC, 1200 K Street if an Employer loses all its
required.’’ Under section 4208(d)(2) of NW, Suite 11101, Washington, DC governmental contracts to a Successor
ERISA, ‘‘[a]n employer to whom 20005. Employer, so long as: (1) Substantially
§ 4203(c) (relating to the entertainment In summary, the Plan is a all the employees for which the
industry) applies shall have no liability multiemployer pension plan jointly Employer was obligated to contribute to
for a partial withdrawal except under maintained by Local Unions affiliated the Plan continue to perform covered
the conditions and to the extent with the United Food and Commercial work with a Successor Employer; (2) for
prescribed by the [PBGC] by Workers International Union (‘‘UFCW’’) each of the next 5 plan years the
regulation.’’ and employers signatory to collective Successor Employer has an obligation to
Section 4203(f)(1) of ERISA provides bargaining agreements with the UFCW. contribute at the same or a higher
that PBGC may prescribe regulations The Plan covers unionized employees contribution rate to the Plan; (3) for each
under which plans in other industries who work predominantly in the retail of the next 5 plan years the Successor
may be amended to provide for special food industry. The Plan’s proposed Employer contributes substantially the
withdrawal liability rules similar to the amendment would be effective for same contribution base units as did the
rules prescribed in section 4203(b) and withdrawals occurring under ERISA initial Employer in the plan year
(c) of ERISA. Section 4203(f)(2) of section 4205(a)(1) during the 3-year immediately prior to the year it lost the
ERISA provides that such regulations testing period ending June 30, 2014, or contract; and (4) the Employer posts a
shall permit the use of special any subsequent plan year and for any bond or establishes an escrow account
withdrawal liability rules only in withdrawals occurring under sections equal to the lesser of the present value
industries (or portions thereof) in which 4203 and 4205(a)(2) of ERISA on or after of its withdrawal liability or 5 years of
PBGC determines that the July 1, 2013. Thus, the proposed installment payments of its withdrawal
characteristics that would make use of amendment is intended to apply to liability. The Employer will have
such rules appropriate are clearly cessations of the obligation to contribute experienced a complete withdrawal if
shown, and that the use of such rules that have already occurred. Plans may within the 5 plan years following the
will not pose a significant risk to the adopt this retroactive relief as a
year the Employer lost the contract, the
insurance system under Title IV of discretionary provision under ERISA
Successor Employer’s contract
ERISA. Section 4208(e)(3) of ERISA section 4203.3(b)(2). There are two
terminates, and no subsequent
provides that PBGC shall prescribe by employers that may be eligible for relief
Successor Employer assumes the
regulation a procedure by which plans from withdrawal liability under the
contribution obligations and conditions,
may be amended to adopt special partial proposed amendment if it is approved.
The proposed amendment would or if the Successor Employer fails to
withdrawal liability rules upon a
create special withdrawal liability rules meet the contribution conditions.
finding by PBGC that the adoption of
such rules is consistent with the for employers contributing to the Plan A partial withdrawal will not occur if
purposes of Title IV of ERISA. for work performed under a contract or an Employer loses one or more, but less
PBGC’s regulations on Extension of subcontract for services to federal than all, of its governmental contracts to
Special Withdrawal Liability Rules (29 government agencies (‘‘Employer’’). The a Successor Employer, or if it loses all
CFR part 4203) prescribe procedures for Plan’s submission represents that the its governmental contracts but continues
a multiemployer plan to ask PBGC to industry for which the rule is requested to have a contribution obligation to the
approve a plan amendment that has characteristics similar to those of Plan under a collective bargaining
establishes special complete or partial the construction industry. According to agreement, so long as: (1) For each of the
withdrawal liability rules. The the Plan, the principal similarity is that next 5 plan years the Successor
regulation may be accessed on PBGC’s when an Employer loses a government Employer has an obligation to
website (http://www.pbgc.gov). Section contract, or subcontract, it usually does contribute at the same or a higher
4203.5(b) of the regulation requires so through the competitive bidding contribution rate to the Plan; (2) for each
PBGC to publish a notice of the process, and the applicable federal of the next 5 plan years the Successor
pendency of a request for approval of government agency typically contracts Employer contributes substantially the
special withdrawal liability rules in the with a successor Employer that is same contribution base units as did the
Federal Register, and to provide obligated to contribute to the Plan at the initial Employer in the plan year
interested parties with an opportunity to same or substantially the same rate for immediately prior to the year it lost the
comment on the request. the same employees. The Plan believes contract; and (3) the Employer posts a
the proposed amendment may induce bond or establishes an escrow account
The Request potential new employers to bid on work equal to the lesser of the present value
PBGC received a request from the at a government facility and agree to of its partial withdrawal liability or 5
United Food and Commercial Workers continue making contributions to the years of installment payments of its
International Union—Industry Pension Plan when they otherwise may avoid withdrawal liability. The Employer will
Fund (the ‘‘Plan’’), for approval of a seeking a contribution obligation to the have experienced a partial withdrawal if
plan amendment providing for special Plan to avoid potential withdrawal within the 5 plan years following the
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withdrawal liability rules. The Plan liability. year the Employer lost the contract, the
provided supplemental information in Under the proposed amendment, the Successor Employer’s contract
response to a request from PBGC. special withdrawal liability rules would terminates, and no subsequent
PBGC’s summary of the actuarial reports apply to an Employer that ceases to Successor Employer assumes the
provided by the Plan may be accessed have a contribution obligation to the contribution obligations and conditions,
on PBGC’s website (http:// Plan because it loses a governmental or if the Successor Employer fails to
www.pbgc.gov/prac/pg/other/guidance/ contract to a successor Employer meet the contribution conditions.
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Alternatively, the proposed approval by OIRA ensures that we respondent. The RRB proposes no
amendment provides that an Employer impose appropriate paperwork burdens. changes to Form G–346.
that loses a governmental contract to a The RRB invites comments on the Consistent with 20 CFR 217.17, the
Successor Employer will not experience proposed collections of information to RRB uses Form G–346sum, Employee’s
a complete or partial withdrawal if the determine (1) the practical utility of the Certification Summary, which mirrors
Successor Employer assumes the collections; (2) the accuracy of the the information collected on Form G–
Employer’s contribution history under estimated burden of the collections; (3) 346, when an employee, after being
the affected contract(s) for the plan year ways to enhance the quality, utility, and interviewed by an RRB field office
in which the contract is lost and the 5 clarity of the information that is the representative ‘‘signs’’ the form using an
immediately preceding plan years. subject of collection; and (4) ways to alternative signature method known as
Lastly, the Plan’s trustees may waive or minimize the burden of collections on ‘‘attestation.’’ Attestation refers to the
reduce the bond or escrow requirement respondents, including the use of action taken by the RRB field office
if the Employer demonstrates that doing automated collection techniques or representative to confirm and annotate
so would not significantly increase the other forms of information technology. the RRB’s records of the applicant’s
risk of financial loss to the Plan. The Comments to the RRB or OIRA must affirmation under penalty of perjury that
Plan’s request includes the actuarial contain the OMB control number of the the information provided is correct and
data on which the Plan relies to support ICR. For proper consideration of your the applicant’s agreement to sign the
its contention that the amendment will comments, it is best if the RRB and form by proxy. Completion is required
not pose a significant risk to the OIRA receive them within 30 days of to obtain a benefit. One response is
insurance system under Title IV of the publication date. requested of each respondent.
ERISA. 1. Title and purpose of information Previous Requests for Comments: The
collection: Employee’s Certification; RRB has already published the initial
Comments
OMB 3220–0140. 60-day notice (83 FR 35032 on July 24,
All interested persons are invited to 2018) required by 44 U.S.C. 3506(c)(2).
submit written comments on the Section 2 of the Railroad Retirement
That request elicited no comments.
pending exemption request. All Act (RRA), provides for the payment of
comments will be made part of the an annuity to the spouse or divorced Information Collection Request (ICR)
administrative record. spouse of a retired railroad employee. Title: Employee’s Certification.
For the spouse or divorced spouse to OMB Control Number: 3220–0140.
William Reeder, qualify for an annuity, the RRB must Forms submitted: G–346 and
Director, Pension Benefit Guaranty determine if any of the employee’s G–346sum.
Corporation. current marriage to the applicant is Type of request: Extension without
[FR Doc. 2018–21801 Filed 10–5–18; 8:45 am] valid. change of a currently approved
BILLING CODE 7709–02–P The requirements for obtaining collection.
documentary evidence to determine Affected public: Individuals or
valid marital relationships are Households.
prescribed in 20 CFR 219.30 through Abstract: Under Section 2 of the
RAILROAD RETIREMENT BOARD 219.35. Section 2(e) of the RRA requires Railroad Retirement Act, spouses of
that an employee must relinquish all retired railroad employees may be
Agency Forms Submitted for OMB rights to any railroad employer service
Review, Request for Comments entitled to an annuity. The collection
before a spouse annuity can be paid. obtains information from the employee
SUMMARY: In accordance with the The RRB uses Form G–346, about the employee’s previous
Paperwork Reduction Act of 1995 (44 Employee’s Certification, to obtain the marriages, if any, to determine if any
U.S.C. Chapter 35), the Railroad information needed to determine impediment exists to the marriage
Retirement Board (RRB) is forwarding whether the employee’s current between the employee and his or her
an Information Collection Request (ICR) marriage is valid. Form G–346 is spouse.
to the Office of Information and completed by the retired employee who Changes proposed: The RRB proposes
Regulatory Affairs (OIRA), Office of is the husband or wife of the applicant no changes to the forms in the
Management and Budget (OMB). Our for a spouse annuity. Completion is collection.
ICR describes the information we seek required to obtain a benefit. One The burden estimate for the ICR is as
to collect from the public. Review and response is requested of each follows:
Annual Time Burden
Form No. responses (minutes) (hours)
G–346 .......................................................................................................................................... 4,220 5 352
G–346sum ................................................................................................................................... 2,100 5 175
Total ...................................................................................................................................... 6,320 ........................ 527
2. Title and Purpose of information by the employee on a separation provides that a railroad employee who
amozie on DSK3GDR082PROD with NOTICES1
collection: Railroad Separation allowance or severance payment for is paid a separation allowance is
Allowance or Severance Pay Report; which the employee did not receive disqualified for unemployment and
OMB 3220–0173. credits toward retirement. The lump- sickness benefits for the period of time
Section 6 of the Railroad Retirement sum is not payable until retirement the employee would have to work to
Act provides for a lump-sum payment to benefits begin to accrue or the employee earn the amount of the allowance. The
an employee or the employee’s dies. Also, Section 4(a–1)(iii) of the reporting requirements are specified in
survivors equal to the Tier II taxes paid Railroad Unemployment Insurance Act 20 CFR 209.14.
VerDate Sep<11>2014 19:13 Oct 05, 2018 Jkt 247001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\09OCN1.SGM 09OCN1](https://thefederalregister.org/doc/83_FR_50897/page/3.svg)
Document Created: 2018-10-06 00:59:21
Document Modified: 2018-10-06 00:59:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of pendency of request. | |
| Dates | Comments must be submitted on or before November 23, 2018. | |
| Contact | Bruce Perlin ([email protected]), 202-326-4020, ext. 6818, or Elizabeth Coleman ([email protected]), ext. 3661, Office of the General Counsel, Suite 340, 1200 K Street NW, Washington, DC 20005-4026; (TTY users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4020.) | |
| FR Citation | 83 FR 50702 |
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