What Is a DOL Information Collection Request for a 401(k) Plan?

The ICR tracks the paperwork. The statute or regulation creates the substantive duty.

That distinction prevents a surprising number of errors.

A Department of Labor rule can require a plan or service provider to:

• report information
• keep records
• disclose information to participants
• obtain representations
• submit a form.

Those requirements may trigger the Paperwork Reduction Act.

DOL then has to identify and estimate the collection burden and, where the PRA applies, submit the collection to OMB for review.^[1][2]

That submission is the:

Information Collection Request.

The ICR can be essential to implementing a rule.

It is not the rule.

What Counts as a "Collection of Information"?

The PRA definition is much broader than:

a government form.

OMB regulations cover information that an agency:

• obtains
• causes to be obtained
• solicits
• requires to be disclosed

through identical questions or reporting, recordkeeping or disclosure requirements involving ten or more persons.^[4]

The collection can be:

• mandatory
• voluntary
• required to obtain or retain a benefit.^[4]

It can appear in:

• forms
• questionnaires
• rules
• instructions
• recordkeeping requirements
• disclosures
• electronic systems
• notices
• certifications.^[4]

For 401(k) compliance, that breadth matters.

Information Does Not Have to Be Sent to DOL

A third-party disclosure can qualify.

Suppose DOL requires a service provider to compile information and give it to a plan fiduciary.

Or a plan administrator must compile information and disclose it to participants.

The information never has to pass through DOL's inbox.

OMB's rules expressly include requirements to disclose information to:

• third parties
• the public.^[4]

That is why participant notices and service-provider disclosures can create paperwork burden.

The burden comes from the federally caused information activity.

Not merely from transmission to the government.

Recordkeeping Can Be an Information Collection Too

A requirement to maintain specified records can qualify even if DOL never routinely receives them.^[4]

That can include:

• preserving evidence
• retaining certifications
• maintaining documentation needed for later inspection.

For a 401(k) sponsor, this means:

reporting burden

and:

recordkeeping burden

should not be treated as synonyms.

The PRA can reach both.

Why Does the "Ten or More Persons" Threshold Matter?

The general definition uses identical questions or requirements imposed on:

ten or more persons

during a 12-month period.^[4]

But a rule of general applicability containing reporting, recordkeeping or disclosure obligations is deemed to satisfy that threshold.^[4]

DOL does not have to prove that exactly ten plans responded before the PRA becomes relevant.

A generally applicable 401(k) disclosure rule is structurally aimed at a class much larger than one respondent.

Voluntary Requests Can Still Fall Under the PRA

This is easy to miss.

The definition expressly includes voluntary collections.^[4]

DOL's Lost and Found program is a strong example.

EBSA asks retirement plan administrators and authorized service providers to submit specified information to help populate the database.^[16][17]

The submission is:

voluntary.^[15][16]

OMB still reviewed it.

The approved collection now has:

OMB No. 1210-0172.^[15]

Voluntary changes the obligation to respond.

It does not automatically remove the PRA.

What Does the ICR Reference Identify?

It identifies a particular submission package sent to OMB.

Example:

202601-1210-003

is the 2026 Form 5500 ICR submission.^[14]

The format helps distinguish:

• this submission
• earlier submission
• later renewal or revision.

It is version-like.

A new submission reference does not necessarily mean a new underlying collection.

That is why Form 5500 is so useful as an example.

What Does the OMB Number Identify?

It identifies the approved collection.

Reginfo says the number contains two four-digit groups separated by a hyphen.^[11]

For EBSA collections, the first group is commonly:

1210.

Examples:

• Form 5500 — 1210-0110^[14]
• Retirement Savings Lost and Found — 1210-0172^[15]
• Ask EBSA — 1210-0146^[18]

The second group distinguishes the collection.

The OMB identifier can survive multiple submissions.

Submission Reference vs OMB Number

These identifiers solve different problems.

A compliance database should store them in separate fields.

Form 5500 Shows Why the Distinction Matters

The current Form 5500 collection uses:

OMB No. 1210-0110.^[14]

Its 2026 renewal is:

ICR 202601-1210-003.^[14]

That request was:

Extension without change of a currently approved collection.^[14]

OIRA concluded review on:

June 4, 2026

with:

Approved without change.^[14]

The approval expires:

June 30, 2029.^[14]

The collection identity stayed the same.

The submission record changed.

A New ICR Can Have No Control Number Yet

The 2026 alternative-investments proposal demonstrates the opposite situation.

DOL submitted a new information collection on March 31, 2026.^[12]

Its ICR Reference Number is:

202603-1210-007.^[12]

Reginfo identifies it as:

New collection — Request for a new OMB Control Number.^[12]

As reviewed August 30, 2026, the OMB-number field remains blank and the submission remains:

Received in OIRA.^[12]

That is not an identifier failure.

The new collection has not yet completed OMB clearance.

The AC38 Collection Is Tied to a Proposed Rule

The ICR is associated with:

RIN 1210-AC38

and the March 31, 2026 proposed rule on designated investment alternatives.^[12][13]

The proposed safe-harbor examples include situations where a fiduciary can obtain written representations from the person responsible for managing an investment alternative and then:

• read them
• critically review them
• consult a qualified professional when necessary.^[12][13]

Those written representations create information activity.

That is why the proposal has a paperwork statute section.

The existence of the ICR does not mean the proposed safe harbor is already available.

What Burden Does AC38 Estimate?

The new collection lists:^[12]

• 23,667 annual responses
• 5,917 burden hours
• $0 cost burden

Those are paperwork law measurements for the defined information collection.

They are not the total economic effect of the proposed rule.

INV-199 covers the broader regulatory analysis.

That distinction is crucial.

"$0 Cost Burden" Does Not Mean Free Compliance

paperwork cost burden is a defined measurement category.

The AC38 proposal separately estimates labor and broader economic effects outside that $0 figure.^[13]

A plan can incur:

• staff time
• adviser cost
• legal review
• implementation cost

without those amounts appearing in the ICR's external cost-burden field.

The correct question is:

What does this burden field measure?

Not:

Is the number zero?

What Does "Burden" Include?

OMB regulations define burden broadly.^[4]

It can include time and resources spent:

• reviewing instructions
• searching data sources
• gathering information
• maintaining records
• training personnel
• completing the collection
• reviewing the response
• transmitting or disclosing information.

Usual and customary business activity can be excluded when the agency demonstrates the activity would occur normally without the federal requirement.^[4]

This is another reason burden estimates depend on the baseline.

Why Does DOL Ask the Public to Comment on Burden?

The paperwork statute requires agencies to test their own assumptions.

For a standard collection, the public is asked to comment on issues such as:^[1][2][7]

• whether the information is necessary
• whether it has practical utility
• whether the burden estimate is accurate
• whether the information can be made clearer
• whether technology can reduce burden.

A commenter can therefore challenge the paperwork model even if it supports the substantive policy.

That is a different kind of comment from:

"DOL lacks authority for this rule."

What Is the 60-Day Notice?

For many standalone or renewal collections, DOL first publishes a Federal Register notice seeking:

60 days

of public comment.^[1]

The agency uses that stage to evaluate:

• need
• utility
• burden
• clarity
• burden-reduction alternatives.^[1]

The Form 5500 renewal provides a current example.

Its Reginfo record lists a 60-day notice published:

July 11, 2025 — 90 FR 30984.^[14]

That was not the final OMB decision.

It was the agency-side public-comment step.

What Is the 30-Day Notice?

After the agency review, the collection is submitted to OMB.

Federal law gives OMB at least:

30 days

for public comment before its decision in the ordinary process.^[2]

The Form 5500 record identifies its 30-day notice:

February 12, 2026 — 91 FR 6663.^[14]

The sequence is therefore:

agency notice → public input → OMB submission → OIRA review → approval decision.

The two comment periods serve different stages.

Proposed Rules Use a Different Path

A collection contained in an NPRM does not simply repeat the ordinary standalone 60-day agency notice.

Under 44 U.S.C. 3506(c)(2)(B), the proposed rule's notice-and-comment process can serve the agency comment function for the collection.^[1]

OMB regulations require DOL to submit the collection to OMB no later than the day the NPRM publishes.^[9]

OMB then has a review and comment role under:

5 CFR 1320.11.^[9]

AC38 followed that structure:

NPRM publication and ICR submission both March 31, 2026.^[12][13]

That is why proposed-rule ICR timing should not be forced into the standalone 60-day/30-day template.

OMB Does Not Have to Approve the Collection at NPRM Publication

For proposed-rule collections, OMB can:

• comment
• disapprove in specified circumstances
• approve without conditions
• defer final approval until the final rule stage.^[9]

The agency must address OMB and public comments when it publishes the final rule.^[9]

If necessary, the final collection returns to OMB as the rule is finalized.

That explains why a proposed rule can be public while its new OMB Control Number has not yet been assigned.

Proposal status and collection approval are related.

They are not identical.

What Happens When OMB Approves?

OMB can assign a control number and expiration date.^[2][9][10]

Reginfo records commonly show conclusion actions such as:

• Approved without change
• Approved with change.

Form 5500's 2026 renewal was:

Approved without change.^[14]

Retirement Savings Lost and Found was:

Approved with change.^[15]

That difference describes OMB's handling of the collection package.

It does not rank the substantive importance of the underlying program.

Approval Does Not Last Forever

The statute limits approval to no more than:

three years.^[2]

OMB regulations implement that ceiling.^[9][10]

That is why current collections carry expiration dates.

Examples:

Form 5500 — June 30, 2029.^[14]

Retirement Savings Lost and Found — November 30, 2027.^[15]

Renewal is part of the system.

OMB clearance is intentionally revisited.

Why Require Renewal?

Because information burdens can become stale.

Over three years:

• forms change
• technology changes
• respondent counts change
• labor costs change
• legal requirements change
• information can become duplicative.

The renewal process asks whether the collection still has:

practical utility.^[1][7]

A legacy information request should not remain approved forever merely because it once made sense.

Form 5500's 2026 Renewal Shows the Scale

The approved 2026 Form 5500 ICR estimates:^[14]

• 952,412 annual responses
• 3,228,684 burden hours
• $0 cost burden

That is a large information collection.

The Reginfo abstract says Form 5500 is a principal source of data for:

• enforcement
• research
• policy formulation.^[14]

The burden is substantial because the information function is substantial.

Again:

$0 cost burden

does not mean:

3.2 million hours cost nothing.

Time burden and external cost burden are separate fields.

Lost and Found Shows "Approved With Change"

The Lost and Found program collection started as a new information request.^[15][16]

DOL published proposals in 2024, received comments and narrowed the request.^[16]

OIRA concluded review:

November 15, 2024.^[15]

Result:

Approved with change.^[15]

The approved collection estimates:^[15]

• 150,940 annual responses
• 26,017 burden hours
• $0 cost burden.

The collection expires:

November 30, 2027.^[15]

The Lost and Found Example Shows Public Comment Can Matter

DOL's fact sheet says commenters raised concerns about:

• breadth of requested data
• privacy
• historical information
• implementation burden.^[16]

DOL narrowed the requested data before final approval.^[16]

That is OMB paperwork review functioning as intended.

The paperwork process can change the design of the collection even when the program itself remains intact.

Does an OMB Control Number Create the Legal Duty?

No.

The control number authorizes the federal collection under the paperwork statute.

The legal obligation can come from:

• statute
• regulation
• exemption condition
• benefit condition
• voluntary request.

That source must be identified separately.

Example:

Form 5500's filing duty is grounded in ERISA's reporting provisions.

OMB Control No. 1210-0110 does not create ERISA Section 104.

It clears the collection.

Why the Public-Protection Rule Is Powerful

44 U.S.C. 3512 says no person shall be subject to a penalty for failing to comply with a covered collection if:

• the collection does not display a valid OMB Control Number
• or the agency fails to provide the required notice about the control number.^[3]

The protection can be raised as a defense in:

• agency proceedings
• judicial proceedings.^[3][6]

That is not symbolic.

It gives the display requirement real consequences.

But Public Protection Has a Critical Limit

OMB's regulation expressly says the OMB-clearance framework protection does not preclude a penalty for failing to comply with a collection imposed directly by:

statute.^[6]

That prevents an overbroad claim such as:

"If the OMB number is missing, Congress's filing requirement disappears."

Not necessarily.

The legal source of the information duty matters.

A 401(k) administrator should not turn a paperwork-clearance defect into a self-help decision to stop filing a statutorily required report.

That issue belongs with counsel.

Does a Missing Control Number Repeal the Regulation?

No.

5 CFR 1320.12 says failure to display a valid control number does not, as a legal matter:

• rescind
• amend

the underlying rule.^[10]

But the regulation also says the affected information-collection portion can lack legal force and the public-protection provisions may apply.^[10]

That distinction is subtle.

Rule remains on the books.

Unapproved collection may be unenforceable under the paperwork statute.

Then the statutory exception must also be checked.

Worked Example: AC38 Has No OMB Number, So the NPRM Is "Invalid"

Researcher sees that ICR 202603-1210-007 has no control number.^[12]

Memo says:

"The March 2026 proposal is invalid because OMB has not approved its paperwork."

That conclusion is wrong.

The proposal is at the NPRM stage.

5 CFR 1320.11 expressly contemplates OMB review of collections contained in proposed rules.^[9]

The missing control number means the new collection has not yet completed approval.

It does not erase the proposal.

Worked Example: New ICR Reference Means New Form 5500 Law

Compliance team sees:

202601-1210-003

and assumes DOL created a brand-new Form 5500 reporting regime in 2026.

Reginfo says the opposite.

The request is:

Extension without change of a currently approved collection.^[14]

The persistent OMB identifier is:

1210-0110.^[14]

The new ICR reference identifies the new submission cycle.

Not a new substantive filing statute.

Worked Example: Voluntary Means No OMB Review

Recordkeeper says:

"Lost and Found is voluntary, so paperwork statute does not apply."

Wrong.

OMB regulations expressly include voluntary collections.^[4]

DOL went through OMB review.

The approved collection has:

1210-0172.^[15]

Voluntary tells the recordkeeper whether participation is required.

It does not answer whether DOL had to clear the request.

Worked Example: $0 Means No Compliance Cost

Vendor quotes the Form 5500 ICR:

Cost Burden: $0.

Vendor concludes the annual report costs plans nothing.

That ignores:

3,228,684 burden hours.^[14]

paperwork cost burden and time burden are separately reported.

The collection can consume enormous labor while showing zero in the external cost-burden field.

Always quote both.

Worked Example: OMB Display Problem Means Stop Filing Form 5500

Plan administrator suspects an OMB display defect.

Administrator decides not to file Form 5500.

That is dangerous.

The paperwork statute contains important public protections.^[3][6]

But Form 5500 also implements statutory reporting duties.

5 CFR 1320.6 expressly preserves penalties for collections imposed by statute.^[6]

The correct response is:

• identify the exact collection
• verify the control-number status
• identify the statutory duty
• obtain legal advice before withholding a required filing.

The paperwork law is not a loophole to improvise.

Why Ordinary NPRM Comments Usually Are Not paperwork law Collections

OMB regulations exclude facts or opinions submitted in response to general public solicitations of comments when the agency does not require special information beyond ordinary self-identification as a condition of consideration.^[4]

That is why:

"Send comments on this proposed rule"

is generally not itself a OMB-clearance framework collection.

The rule can still contain separate information-collection provisions that are subject to the paperwork statute.

INV-198 covers the docket.

One proceeding can therefore contain:

• ordinary public comments outside the statutory collection definition
• a proposed disclosure requirement inside the rule that requires OMB review.

ICR vs RIA

INV-199 covers regulatory impact analysis.

The distinction is:

ICR: paperwork burden.

RIA: broader economic consequences.

The same DOL proposal can have both.

AC38 does.

The two analyses may share:

• respondent counts
• wage rates
• time assumptions.

That does not make the outputs interchangeable.

paperwork burden should not be quoted as total regulatory cost.

ICR vs OIRA Regulatory Review

INV-197 covers Executive Order review.

OIRA performs both functions, which creates confusion.

EO 12866 review

Reviews significant regulatory action.

OMB paperwork review

Reviews paperwork requirement.

Same office.

Different legal frameworks.

AC38 has:

• an EO regulatory review record
• an ICR record.^[12][13]

A rule can clear one process while the other remains pending.

What Should a 401(k) Compliance File Record?

For any material data request, keep:

• title
• OMB Control Number
• ICR Reference Number
• obligation to respond
• form/instrument
• expiration date
• current burden
• associated RIN
• associated CFR provision
• latest OMB conclusion
• next renewal date
• statutory authority.

Those fields answer:

What is being collected?

Why?

Under what authority?

Is OMB approval current?

A Practical Identifier Matrix

The identifiers should complement one another.

None should be used as a substitute for the others.

paperwork law Status Checklist

Before relying on an EBSA collection, verify:

Collection

What information must be:

• reported
• retained
• disclosed?

Respondents

Is it directed to ten or more persons or contained in a general rule?

Obligation

Is response:

• mandatory
• voluntary
• required to obtain a benefit?

OMB number

Has one been assigned?

ICR Reference

Which submission is current?

Status

Is OIRA review:

• received
• approved
• approved with change
• disapproved?

Expiration

When does approval expire?

Burden

Separate:

• responses
• hours
• external cost.

Authority

Does the duty come from:

• statute
• rule
• another condition?

Current law

What does the operative ERISA source require?

That sequence turns Reginfo from an administrative database into useful compliance research.

Fast Answers

What is a DOL reporting requirement Request?

The package DOL submits to OMB for review of an collection under the Paperwork Reduction Act.

Is an ICR a regulation?

No.

What is an collection approval number?

The identifier OMB assigns to an approved paperwork requirement.

What is an ICR Reference Number?

The identifier for a particular submission to OMB.

Can the ICR reference change while the OMB number stays the same?

Yes. Form 5500 is the current example.^[14]

What is the Form 5500 OMB number?

1210-0110.^[14]

When was its current renewal approved?

June 4, 2026.^[14]

When does the approval expire?

June 30, 2029.^[14]

Does AC38 have a control number yet?

As reviewed August 30, 2026, Reginfo shows its new ICR under review with no control number yet assigned.^[12]

Can a voluntary collection require OMB-clearance framework approval?

Yes. retirement-benefit database is the current example.^[15][16]

How long can OMB approval last?

Generally no more than three years.^[2][9][10]

Does a missing valid control number matter?

Yes. The paperwork statute has public-protection provisions against penalties for certain unapproved collections.^[3][6]

Does that automatically erase a statutory filing requirement?

No. The regulations expressly preserve penalties for collections imposed directly by statute.^[6]

Are paperwork burden hours total regulatory cost?

No.

Is an OMB identifier the same as a RIN?

No.

What is the safest one-sentence rule?

Use the ICR to verify DOL's paperwork clearance; use the statute, regulation or exemption to determine the underlying 401(k) duty.

Sources & References

1. Legal Information Institute / U.S. Code: 44 U.S.C. §3506 — Federal Agency Responsibilities — https://www.law.cornell.edu/uscode/text/44/3506
2. Legal Information Institute / U.S. Code: 44 U.S.C. §3507 — Public Information Collection Activities — https://www.law.cornell.edu/uscode/text/44/3507
3. Legal Information Institute / U.S. Code: 44 U.S.C. §3512 — Public Protection — https://www.law.cornell.edu/uscode/text/44/3512
4. Electronic Code of Federal Regulations / Legal Information Institute: 5 CFR §1320.3 — Definitions — https://www.law.cornell.edu/cfr/text/5/1320.3
5. Electronic Code of Federal Regulations / Legal Information Institute: 5 CFR §1320.5 — General Requirements — https://www.law.cornell.edu/cfr/text/5/1320.5
6. Electronic Code of Federal Regulations / Legal Information Institute: 5 CFR §1320.6 — Public Protection — https://www.law.cornell.edu/cfr/text/5/1320.6
7. Electronic Code of Federal Regulations / Legal Information Institute: 5 CFR §1320.8 — Agency Collection Responsibilities — https://www.law.cornell.edu/cfr/text/5/1320.8
8. Electronic Code of Federal Regulations / Legal Information Institute: 5 CFR §1320.10 — Clearance Outside Proposed and Current Rules — https://www.law.cornell.edu/cfr/text/5/1320.10
9. Electronic Code of Federal Regulations / Legal Information Institute: 5 CFR §1320.11 — Clearance of Collections in Proposed Rules — https://www.law.cornell.edu/cfr/text/5/1320.11
10. Electronic Code of Federal Regulations / Legal Information Institute: 5 CFR §1320.12 — Clearance of Collections in Current Rules — https://www.law.cornell.edu/cfr/text/5/1320.12
11. Office of Information and Regulatory Affairs / Reginfo.gov: Frequently Asked Questions — Paperwork Reduction Act — https://www.reginfo.gov/public/jsp/Utilities/faq.jsp
12. Office of Information and Regulatory Affairs / Reginfo.gov: ICR 202603-1210-007 — Fiduciary Duties in Selecting Designated Investment Alternatives — https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202603-1210-007
13. U.S. Department of Labor — Employee Benefits Security Administration / GovInfo: Fiduciary Duties in Selecting Designated Investment Alternatives — Proposed Rule, 91 FR 16088, March 31, 2026 — https://www.govinfo.gov/content/pkg/FR-2026-03-31/pdf/2026-06178.pdf
14. Office of Information and Regulatory Affairs / Reginfo.gov: ICR 202601-1210-003 — Annual Information Return/Report of Employee Benefit Plan — https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202601-1210-003
15. Office of Information and Regulatory Affairs / Reginfo.gov: ICR 202403-1210-001 — Retirement Savings Lost and Found — https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202403-1210-001
16. U.S. Department of Labor — Employee Benefits Security Administration: Retirement Savings Lost and Found Information Collection Request — Fact Sheet — https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-center/fact-sheets/retirement-savings-lost-and-found-information-collection-request
17. U.S. Department of Labor — Employee Benefits Security Administration: Announcement of Voluntary Information Collection Request — Retirement Savings Lost and Found — https://www.dol.gov/sites/dolgov/files/ebsa/laws-and-regulations/laws/secure-2.0/announcement-of-voluntary-information-collection-request.pdf
18. U.S. Department of Labor — Employee Benefits Security Administration: Ask EBSA — Paperwork Reduction Act Statement — https://www.askebsa.dol.gov/WebIntake/Home.aspx/Notices

Educational Disclaimer

ROIStreet publishes educational content about 401(k) plans, ERISA, Department of Labor information collections, OMB review, the Paperwork Reduction Act, Reginfo.gov and plan administration. This article is not legal, fiduciary, tax, investment, regulatory, reporting or plan-administration advice. PRA status can affect enforceability of information-collection requirements, but the analysis depends on the exact collection, OMB approval, display requirements, underlying statute or regulation and applicable exceptions. Do not stop a required filing or disclosure based solely on a suspected PRA defect. Current obligations should be verified against operative statutes, regulations, valid exemptions, current OMB records, agency guidance and judicial decisions.

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