ERISA Employee Benefit Plan Claims Procedure - Information Collection Request
Summary
The Department of Labor's Employee Benefits Security Administration (EBSA) has submitted an information collection request (ICR) to OMB under the Paperwork Reduction Act regarding ERISA employee benefit plan claims procedures. The ICR covers requirements for plans to provide claimants with written denial notices containing specific reasons, plan provisions references, and appeal instructions. Public comments are requested by May 4, 2026.
What changed
The DOL is seeking OMB approval under PRA for an existing information collection related to ERISA section 503 minimum claims procedures (OMB Control Number 1210-0053). The collection requires employee benefit plans to provide claimants with written or electronic denial notices containing: specific reasons for denial, references to relevant plan provisions, description of additional information needed to perfect the claim, and steps to appeal. Adverse decisions upon review must also be in writing with specific reasons and plan provision references. The DOL is requesting a three-year authorization for this collection.
Employers, plan administrators, and other regulated entities with employee benefit plans under ERISA should review the ICR and submit comments to OMB by May 4, 2026 at www.reginfo.gov. While this does not create new substantive requirements—these claims procedure requirements have been in effect since November 2000—entities should confirm their current claims procedures align with the documented requirements in case OMB's review identifies needed clarifications or modifications to the collection.
What to do next
- Submit comments to OMB at www.reginfo.gov/public/do/PRAMain by May 4, 2026
- Review existing ERISA claims procedures to confirm alignment with section 503 requirements documented in this ICR
- Verify your plan's denial and appeal notices include all required elements: specific reasons, plan provision references, and appeal instructions
Source document (simplified)
Content
ACTION:
Notice of availability; request for comments.
SUMMARY:
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 May 4, 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.
FOR FURTHER INFORMATION CONTACT:
Michael Howell by telephone at 202-693-6782, or by email at DOLPRAPUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION:
In November 2000, the Department issued a final regulation establishing minimum claims procedure requirements that all employee
benefit plans under ERISA must meet in order to satisfy the requirements of section 503 of ERISA. Section 505 of ERISA authorizes
the Secretary to prescribe regulations as appropriate or necessary to carry out the provisions of Title I of ERISA. The regulation
requires plans to provide every claimant who is denied a claim with a written or electronic notice that contains the specific
reasons for denial, a reference to the relevant plan provisions on which the denial is based, a description of any additional
information necessary to perfect the claim, and a description of steps to be taken if the participant or beneficiary wishes
to appeal the denial. The
regulation also requires that any adverse decision upon review be in writing (including electronic means) and include specific
reasons for the decision, as well as references to relevant plan provisions. For additional substantive information about
this ICR, see the related notice published in the
Federal Register
on July 11, 2025 (90 FR 30984).
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 collection of information that does not display a valid OMB Control Number. See 5 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: Employee Benefit Plan Claims Procedure Under the Employee Retirement Income Security Act.
OMB Control Number: 1210-0053.
Affected Public: Private sector.
Total Estimated Number of Respondents: 4,336,356.
Total Estimated Number of Responses: 1,910,577,375.
Total Estimated Annual Time Burden: 38,050,660 hours.
Total Estimated Annual Other Costs Burden: $501,736,152.
(Authority: 44 U.S.C. 3507(a)(1)(D).)
Michael Howell, Senior Paperwork Reduction Act Analyst. [FR Doc. 2026-06509 Filed 4-2-26; 8:45 am] BILLING CODE 4510-29-P
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