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Priority review Notice Added Consultation

Information Collection Request for Life Insurance Prohibited Transaction Exemption 92-6

Favicon for www.regulations.gov Regs.gov: Department of Labor
Published July 11th, 2025
Detected April 3rd, 2026
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Summary

The Department of Labor (DOL) is submitting an Information Collection Request (ICR) to OMB for review under the Paperwork Reduction Act regarding PTE 92-6, which exempts employee benefit plans from prohibited transaction restrictions when selling individual life insurance or annuity contracts. Public comments on this ICR are invited through May 4, 2026.

What changed

The DOL Employee Benefits Security Administration (EBSA) is seeking OMB approval to renew an existing information collection requirement associated with Prohibited Transaction Exemption 92-6 (PTE 92-6). This exemption permits employee benefit plans to sell individual life insurance or annuity contracts to specified parties including plan participants, beneficiaries, employers, other employee benefit plans, and certain trusts, provided participant notification and consent requirements are satisfied. The current ICR renewal covers the paperwork burden associated with documenting participant elections and consents.\n\nThe practical impact is limited to gathering public comments on the information collection burden estimates; no new obligations are being imposed. Interested parties including plan sponsors, insurance providers, and plan fiduciaries may submit comments to OMB by May 4, 2026. This is a routine administrative action under the PRA and does not modify the substantive terms of PTE 92-6 or create new compliance requirements.

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:

PTE 92-6 exempts from the prohibited transaction restrictions the sale of individual life insurance or annuity contracts held
by an employee benefit plan to: (1) plan participants insured under such contracts; (2) a relative of such participant who
is the beneficiaries under the contract, (3) an employer any of whose employees are covered by the plan; (4) another employee
benefit plan; (5) plan participants who are owner-employees (as defined in section 401(c)(3) of the Code), or shareholder-employees
(as defined in section 1379 of the Internal Revenue Code of 1954 as in effect on the day before the enactment of the Subchapter
S Revision Act of 1982), or (6) trusts established by or for the benefit of plan participants (1) or (2), provided certain
conditions set forth in the class exemption are met. With respect to sales of the policy to the employer, a relative of the
insured, a trust, or another plan, the participant insured under the policy is first informed of the proposed sale and is
given the opportunity to purchase such contract from the plan, and delivers a written document to the plan stating that he
or she elects not to purchase the policy and consents to the sale by the plan of such policy to such employer, relative, trust
or other plan. 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: Prohibited Transaction Class Exemption 1992-6: Sale of Individual Life Insurance or Annuity Contracts by an Employee Benefit
Plan.

OMB Control Number: 1210-0063.

Affected Public: Private sector.

Total Estimated Number of Respondents: 25,770.

Total Estimated Number of Responses: 25,770.

Total Estimated Annual Time Burden: 5,154 hours.

Total Estimated Annual Other Costs Burden: $834.

(Authority: 44 U.S.C. 3507(a)(1)(D))

Michael Howell, Senior Paperwork Reduction Act Analyst. [FR Doc. 2026-06510 Filed 4-2-26; 8:45 am] BILLING CODE 4510-29-P

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Named provisions

PTE 92-6 - Sale of Life Insurance and Annuity Contracts

Classification

Agency
DOL
Published
July 11th, 2025
Comment period closes
May 4th, 2026 (31 days)
Instrument
Notice
Legal weight
Non-binding
Stage
Consultation
Change scope
Minor
Document ID
90 FR 30984 / DOL_FRDOC_0001-2641

Who this affects

Applies to
Employers Insurers
Industry sector
5241 Insurance 9211 Government & Public Administration
Activity scope
Employee Benefit Plan Administration Insurance Transactions Fiduciary Compliance
Geographic scope
United States US

Taxonomy

Primary area
Employment & Labor
Operational domain
Compliance
Topics
Employee Benefits Insurance Fiduciary Obligations

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