Agency Information Collection Activities; Submission for OMB Review; Comment Request; Consent To Receive Employee Benefit Plan Disclosures Electronically
The Department of Labor (DOL) is submitting this Employee Benefits Security Administration (EBSA)-sponsored information collection request (ICR) to the Office of Management and ...
The Department of Labor (DOL) is submitting this Employee Benefits Security Administration (EBSA)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
DATES:
The OMB will consider all written comments that the agency receives on or before September 18, 2026.
ADDRESSES:
Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function.
The Department's 2002 regulatory safe harbor at 29 CFR 2520.104b-1(c) describes the circumstances under which the administrator of an employee benefit plan may furnish required disclosure documents through electronic media. The information collection contains a disclosure requirement and a requirement that participants affirmatively consent to electronic disclosure or confirm consent electronically. The consent serves to demonstrate to the plan administrator that an individual has the ability to access information in the electronic form that will be used for disclosure purposes. Such confirmation will ensure the compatibility of the hardware and software between the individual and the plan, and will also serve to demonstrate that the administrator has taken appropriate and necessary measures reasonably calculated to ensure that the system for furnishing documents results in actual receipt, as required under ERISA. Lastly, where applicable, the consent provides a means for the individual to provide the plan with the correct email address to facilitate the efficiencies that may arise from the use of electronic technologies where appropriate.
In 2020, the Department issued a final rule providing a safe harbor (Notice-and-Access Safe Harbor) for plan administrators who wish to satisfy ERISA's delivery requirements for retirement plan documents by posting them on a website and notifying workers of the online availability of such documents (29 CFR 2520.104b-31). Retirement plan administrators may satisfy their obligation to furnish ERISA-required disclosures by making the information accessible online and furnishing a notice of internet availability of these disclosures to covered individuals. The notice of internet availability must be sent to the electronic address of the participant, for example to the participant's email address and include, among other things, a brief description of the document being posted online, a website address where the document is posted, and instructions for requesting a free paper copy or electing paper delivery in the future. It must be sent each time a retirement plan disclosure is posted to the internet website. To prevent “email overload,” the 2020 final rule allows a notice of internet availability to incorporate or combine other notices of internet availability in limited circumstances. For additional substantive information about this ICR, see the related notice published in the
Federal Register
on February 18, 2026 (91 FR 7528).
Comments are invited on:
(1) whether the collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; (2) the accuracy of the agency's estimates of the burden and cost of the collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information collection; and (4) ways to minimize the burden of the collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology.
This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless the OMB approves it and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a
( printed page 53656)
collection of information that does not display a valid OMB Control Number.
See5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this information collection for three (3) years. OMB authorization for an ICR cannot be for more than three (3) years without renewal. The DOL notes that information collection requirements submitted to the OMB for existing ICRs receive a month-to-month extension while they undergo review.
Agency:
DOL-EBSA.
Title of Collection:
Consent to Receive Employee Benefit Plan Disclosures Electronically.
OMB Control Number:
1210-0121.
Affected Public:
Private sector.
Total Estimated Number of Respondents:
849,335.
Total Estimated Number of Responses:
63,221,923.
Total Estimated Annual Time Burden:
1,123,616 hours.
Total Estimated Annual Other Costs Burden:
$1,527,770.
www.reginfo.gov/public/do/PRAMain
29 CFR 2520.104b-1(c)
44 U.S.C. 3507(a)(1)(D)