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Employee Benefits Security Administration

EBSA Federal Register Notice

Proposed Extension of Information Collection Request Submitted for Public Comment; Prohibited Transaction Class Exemption 92-6--Sale of Individual Life Insurance or Annuity Contracts by a Plan [04/09/2007]

[PDF Version]

Volume 72, Number 67, Page 17587-17588



Employee Benefits Security Administration

Proposed Extension of Information Collection Request Submitted 
for Public Comment; Prohibited Transaction Class Exemption 92-6--Sale 
of Individual Life Insurance or Annuity Contracts by a Plan

AGENCY: Employee Benefits Security Administration, Department of Labor.

ACTION: Notice.


SUMMARY: The Department of Labor (the Department), in accordance with 
the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)), 
provides the general public and Federal agencies with an opportunity to 
comment on proposed and continuing collections of information. This 
helps the Department assess the impact of its information collection 
requirements and minimize the reporting burden on the public and helps 
the public understand the Department's information collection 
requirements and provide the requested data in the desired format. 
Currently, the Employee Benefits Security Administration is soliciting 
comments on the proposed extension of the information collection 
provisions of Prohibited Transaction Class Exemption 92-6. A copy of 
the information collection request (ICR) may be obtained by contacting 
the office listed in the ADDRESSES section of this notice.

DATES: Written comments must be submitted to the office shown in the 
Addresses section on or before June 8, 2007.

ADDRESSES: Joseph S. Piacentini, Department of Labor, Employee Benefits 
Security Administration, 200 Constitution Avenue, NW., Washington, DC 
20210, (202) 693-8410, FAX (202) 693-4745 (these are not toll-free 


I. Background

    Prohibited Transaction Class Exemption 92-6 exempts from the 
prohibited transaction restrictions of the Employee Retirement Security 
Act of 1974 (ERISA) the sale of individual life insurance or annuity 
contracts by a plan to participants, relatives of participants, 
employers any of whose employees are covered by the plan, other 
employee benefit plans, owner-employees or shareholder-employees. In 
the absence of this exemption, certain aspects of these transactions 
might be prohibited by section 406 of ERISA.

[[Page 17588]]

    Among other conditions, PTE 92-6 requires that pension plans inform 
the insured participant of a proposed sale of a life insurance or 
annuity policy to the employer, a relative, another plan, an owner-
employee, or a shareholder-employee. This recordkeeping requirement 
constitutes an information collection within the meaning of the PRA, 
for which the Department has obtained approval from the Office of 
Management and Budget (OMB) under OMB Control No. 1210-0063. The OMB 
approval is currently scheduled to expire on July 31, 2007.

II. Current Actions

    This notice requests public comment pertaining to the Department's 
request for extension of OMB approval of the information collection 
contained in PTE 92-6. After considering comments received in response 
to this notice, the Department intends to submit an ICR to OMB for 
continuing approval. No change to the existing ICR is proposed or made 
at this time. An agency may not conduct or sponsor, and a person is not 
required to respond to, an information collection unless it displays a 
valid OMB control number. A summary of the ICR and the current burden 
estimates follows:
    Agency: Employee Benefits Security Administration, Department of 
    Title: Prohibited Transaction Class Exemption 92-6.
    Type of Review: Extension of a currently approved collection of 
    OMB Number: 1210-0063.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 8,360.
    Responses: 8,360.
    Estimated Total Burden Hours: 1,671.
    Estimated Total Burden Cost (Operating and Maintenance): $3,093.

III. Focus of Comments

    The Department of Labor (Department) is particularly interested in 
comments that:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., by 
permitting electronic submissions of responses.
    Comments submitted in response to this notice will be summarized 
and/or included in the ICR for OMB approval of the extension of the 
information collection; they will also become a matter of public 

    Dated: April 3, 2007.
Bradford P. Campbell,
Acting Assistant Secretary, Employee Benefits Security Administration.
[FR Doc. E7-6553 Filed 4-6-07; 8:45 am]