ing a telephone number, address, and provement or rehabilitation plan, or an up- those plan sponsors making an election.
email address (if appropriate). date of the plan, as applicable. The likely respondents are sponsors of
As described above, an election under multiemployer defined benefit retirement
3. Submission of notice to PBGC and section 204 of WRERA affects whether plans.
DOL a funding improvement or rehabilitation We estimate the total number of respon-
plan must be adopted or updated. Sched- dents to be 1,600 for 2009.
A notice provided pursuant to section ules MB and R and the related instruc- We estimate it will take 1 hour to com-
204(c)(2)(A)(ii) of WRERA must be sub- tions for plan years beginning in 2008 have ply.
mitted to the Pension Benefit Guaranty already been issued and do not address Estimates of the annualized cost to re-
Corporation and the Department of Labor. the effect of an election under section 204 spondents for the hour burdens shown are
The notice should be sent to the following of WRERA. However, such an election not available at this time.
addresses: can be made with respect to a plan year Books or records relating to a collection
beginning between October 1, 2008, and of information must be retained as long
Pension Benefit Guaranty Corporation December 31, 2008. Therefore, the in- as their contents may become material in
Multiemployer Program Division structions for the 2008 Schedule MB and the administration of any internal revenue
1200 K Street, N.W., Suite 930 Schedule R must be revised to address the law. Generally, tax returns and tax return
Washington, D.C. 20005 reporting for a multiemployer plan with a information are confidential, as required
plan year beginning between October 1, by 26 U.S.C. 6103.
2008, and December 31, 2008, for which
U. S. Department of Labor Drafting Information
an election is made under section 204 of
Employee Benefits Security
Administration The principal author of this notice is
Under the revised instructions:
Public Disclosure Room, N–1513 Diane S. Bloom of the Employee Plans,
200 Constitution Ave., N.W. • The section 432 status of the plan that Tax Exempt and Government Entities
Washington, DC 20210 is reported on Schedule MB is the sta- Division. For further information re-
tus of the multiemployer plan as certi- garding this notice, please contact the
Alternatively, the notice may fied by the plan actuary without taking Employee Plans taxpayer assistance an-
be submitted electronically to into account an election under section swering service at 1–877–829–5500 (a
email@example.com and to 204 of WRERA. toll-free number) or e-mail Ms. Bloom at
firstname.lastname@example.org. • The plan sponsor must include an at- RetirementPlanQuestions@irs.gov.
WRERA notices received by the De- tachment to the Schedule R which pro-
partment of Labor will be available for vides information about the election
public inspection at the Public Disclosure 26 CFR 601.602: Tax forms and instructions.
under section 204 of WRERA, and its (Also: Part I, §§ 24, 25A, 32, 132, and 179.)
Room, and accessible electronically at effect on the plan’s section 432 status
http://www.dol.gov/ebsa. and on the requirement to adopt a fund- Rev. Proc. 2009–21
ing improvement plan or rehabilitation
VI. EFFECT OF WRERA ELECTION plan.
ON FORM 5500, SCHEDULE MB SECTION 1. PURPOSE
AND SCHEDULE R FILINGS VII. PAPERWORK REDUCTION
ACT This revenue procedure modifies and
A Form 5500, Annual Report/Return of supersedes section 3.04 of Rev. Proc.
Employee Benefit Plan, that is filed for The collections of information con- 2007–66, 2007–45 I.R.B. 970, to reflect a
a multiemployer plan must be accompa- tained in th