Pension & Benefits News PBGC issues proposed regs on examination and copying of PBGC records, reflecting statutory changes
Tuesday, November 3, 2020

PBGC issues proposed regs on examination and copying of PBGC records, reflecting statutory changes

By Pension and Benefits Editorial Staff

The Pension Benefit Guaranty Corporation (PBGC) has issued proposed Freedom of Information Act (FOIA) regulations governing the examination and copying of PBGC records by the public. The proposed rules, which update and clarify guidance on examining records kept by the PBGC, would modify the regulations to reflect statutory changes and current PBGC procedures, and would update the fee charged for search and review time. The PBGC has provided 60 days for commenters to respond to the proposed changes.

The PBGC proposes to amend its FOIA regulations to: (1) incorporate statutory changes to the FOIA made by the FOIA Improvement Act of 2016 and prior statutory amendments; (2) reflect the PBGC’s current procedures for processing and responding to FOIA requests; and (3) update the fees charged to certain requesters to more accurately reflect the PBGC’s costs in performing the search and review work that is necessary to respond to their FOIA requests. The proposed regulations would also make clarifications and other editorial changes to the FOIA regulations.

The major changes include:

  • Clarifying that the PBGC’s disclosable records are generally available in an electronic, rather than paper, format.
  • Describing the procedure to seek expedited treatment for record requests.
  • Clarifying the acceptable methods for submitting record requests.
  • Updating the time limit to respond to record requests.
  • Clarifying the procedures available to a requester when the PBGC extends the time to respond to a disclosure request or an appeal.
  • Clarifying the procedure for responding to requests that are of concern to a Federal agency other than the PBGC.
  • Updating the fees for search and review time.
  • Modifying the definitions of certain categories of requesters.

Source: 85 FR 64425.

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