Brief Case

29 C.F.R. § 2520.104b-10

Summary Annual Report.
CFR 1999 annual edition (revised as of 1999-07-01) · superseded Jul 1, 2000 · last amended by 54 FR 8629, Mar. 1, 1989
Back to current
The earliest stored text of this section is effective Jul 1, 1997. Showing that version.
(a) Obligation to furnish. Except as otherwise provided in paragraphs (b) and (g) of this section, the administrator of any employee benefit plan shall furnish annually to each participant of such plan and to each beneficiary receiving benefits under such plan (other than beneficiaries under a welfare plan) a summary annual report conforming to the requirements of this section. Such furnishing of the summary annual report shall take place in accordance with the requirements of § 2520.104b-1 of this part.
(b) Plans filing Form 5500-R. In the case of an employee benefit plan subject to § 2520.104-41 (concerning simplified annual reporting for plans with fewer than 100 participants), the administrator, in lieu of furnishing a summary annual report for the year in which a Form 5500-R is filed, shall, in accordance with § 2520.104b-1, furnish each participant of such plan and each beneficiary receiving benefits under such plan (other than beneficiaries under a welfare plan) either—
(1) A copy of the Form 5500-R filed on behalf of the plan, and the notice described in paragraph (b)(3); or
(2)
(i) A written notice stating that in lieu of a summary annual report a copy of the Form 5500-R filed on behalf of the plan will be furnished free of charge upon receipt of a written request. The notice shall contain the name and address of the plan administrator to whom such requests may be directed. The administrator, upon receipt of such a written request from a participant or beneficiary, shall furnish, free of charge and in accordance with § 2520.104b-1, a copy of the Form 5500-R filed on behalf of the plan and the notice described in paragraph (b)(3). Such furnishing shall take place within thirty days following receipt of a request.
(ii) The administrator of an employee benefit plan will be deemed to have furnished, in accordance with § 2520.104b-1, the written notice described in paragraph (b)(2)(i) of this section to participants, if the administrator posts the notice for a minimum of thirty days at worksite locations, and in a manner reasonably calculated to ensure disclosure to plan participants. Participants who have retired or separated from service with vested benefits under a pension plan, beneficiaries receiving benefits under a pension plan, and other participants who could not reasonably be expected to visit such worksite locations during the period when the notice is posted must be furnished the notice pursuant to paragraph (b)(2)(i) of this section.
(iii) Nothing in paragraph (b)(2)(ii) of this section shall preclude an administrator from posting a copy of the Form 5500-R filed on behalf of the plan with the required notice; however, such a posting shall not relieve an administrator from the requirement to furnish a copy of the Form free of charge upon receipt of a written request from any participant or beneficiary.
(3) Any Form 5500-R furnished in accordance with paragraph (b)(1) or (b)(2)(i), of this section, shall include the following notice:

Disclosure of Plan Information Under ERISA

Attached is a copy of the most recent Registration Statement (Form 5500-R) for the employee benefit plan of which you are a participant or beneficiary (see item 4(a) on Form 5500-R). The Registration Statement contains information about the plan and has been filed with the Internal Revenue Service under the Employee Retirement Income Security Act of 1974 (ERISA).

This copy of Form 5500-R is being furnished to you in compliance with Department of Labor regulations which require it to be furnished to you free of charge either automatically or upon written request in lieu of the summary annual report for plan years for which Form 5500-R has been filed.

You also have the right to receive from the plan administrator (see item 1(a) or 2(a) on Form 5500-R), on request, a copy of Schedule A (Insurance Information) and Schedule B (Actuarial Information), which were filed with the attached Form 5500-R. The charge to cover copying costs will be ($——) for this/these Schedule(s), or ($——) per page for any part thereof.

You also have the legally protected right to examine these documents at the main office of the plan (address, if different from Form 5500-R, item 1(a) or 2(a)), (at any other location where these documents are available for examination), and at the U.S. Department of Labor in Washington, D.C., or to obtain a copy from the U.S. Department of Labor upon payment of copying costs. Requests to the Department should be addressed to: Public Disclosure Room, N-4677, Pension and Welfare Benefit Programs, Frances Perkins Department of Labor Building, 200 Constitution Avenue, N.W., Washington, D.C. 20216.

(c) When to furnish. Except as otherwise provided in this paragraph (c) of this section, the summary annual report required by paragraph (a) of this section, and Form 5500-R or the notice of its availability on request required under paragraph (b) of this section, shall be furnished in accordance with the respective requirements of those paragraphs within nine months after the close of the plan year.
(1) In the case of a welfare plan described in § 2520.104-43 of this part, such furnishing shall take place within 9 months after the close of the fiscal year of the trust or other entity which files the annual report under § 2520.104a-6 of this part.
(2) When an extension of time in which to file an annual report has been granted by the Internal Revenue Service, such furnishing shall take place within 2 months after the close of the period for which the extension was granted.
(d) Contents, style and format. Except as otherwise provided in this paragraph (d), the summary annual report furnished to participants and beneficiaries of an employee pension benefit plan pursuant to this section shall consist of a completed copy of the form prescribed in paragraph (d)(3) of this section, and the summary annual report furnished to participants and beneficiaries of an employee welfare benefit plan pursuant to this section shall consist of a completed copy of the form prescribed in paragraph (d)(4) of this section. The information used to complete the form shall be based upon information contained in the most recent annual report of the plan which is required to be filed in accordance with section 104(a)(1) of the Act.
(1) Any portion of the forms set forth in this paragraph (d) which is not applicable to the plan to which the summary annual report relates, or which would require information which is not required to be reported on the annual report of that plan, may be omitted.
(2) Where the plan administrator determines that additional explanation of any information furnished pursuant to this paragraph (d) is necessary to fairly summarize the annual report, such explanation shall be set forth following the completed form required by this paragraph (d) and shall be headed, “Additional Explanation.”
(3) Form for Summary Annual Report Relating to Pension Plans.

Summary Annual Report for (name of plan)

This is a summary of the annual report for (name of plan and EIN) for (period covered by this report). The annual report has been filed with the Internal Revenue Service, as required under the Employee Retirement Income Security Act of 1974 (ERISA).

Basic Financial Statement

Benefits under the plan are provided by (indicate funding arrangements). Plan expenses were ($). These expenses included ($) in administrative expenses and ($) in benefits paid to participants and beneficiaries, and ($) in other expenses. A total of () persons were participants in or beneficiaries of the plan at the end of the plan year, although not all of these persons had yet earned the right to receive benefits.

[If the plan is funded other than solely by allocated insurance contracts:]

The value of plan assets, after subtracting liabilities of the plan, was ($) as of (the end of the plan year), compared to -($ ) as of (the beginning of the plan year). During the plan year the plan experienced an (increase) (decrease) in its net assets of -($) This (increase) (decrease) includes unrealized appreciation or depreciation in the value of plan assets; that is, the difference between the value of the plan's assets at the end of the year and the value of the assets at the beginning of the year or the cost of assets acquired during the year. The plan had total income of ($ ), including employer contributions of ($ ), employee contributions of($ ), (gains) (losses) of ($ ), from the sale of assets, and earnings from investments of ($ ). [For plans filing form 5500K, omit separate entries for employer contributions and employee contributions and insert instead “contributions by the employer and employees of ($)”].

[If any funds are used to purchase allocated insurance contracts:]

The plan has (a) contract(s) with (name of insurance carrier(s)) which allocate(s) funds toward (state whether individual policies, group deferred annuities or other). The total premiums paid for the plan year ending (date) were ($).

Minimum Funding Standards

[If the plan is a defined benefit plan:]

An actuary's statement shows that (enough money was contributed to the plan to keep it funded in accordance with the minimum funding standards of ERISA) (not enough money was contributed to the plan to keep it funded in accordance with the mimimum funding standards of ERISA. The amount of the deficit was $).

[If the plan is a defined contribution plan covered by funding requirements:]

(Enough money was contributed to the plan to keep it funded in accordance with the minimum funding standards of ERISA) (Not enough money was contributed to the plan to keep it funded in accordance with the minimum funding standards of ERISA. The amount of the deficit was $).

Your Rights to Additional Information

You have the right to receive a copy of the full annual report, or any part thereof, on request. The items listed below are included in that report: [Note—list only those items which are actually included in the latest annual report]

1. an accountant's report;

2. assets held for investment;

3. fiduciary information, including transactions between the plan and parties-in-interest (that is, persons who have certain relationships with the plan);

4. loans or other obligations in default;

5. leases in default;

6. transactions in excess of 3 percent of plan assets;

7. insurance information including sales commissions paid by insurance carriers; and

8. actuarial information regarding the funding of the plan.

To obtain a copy of the full annual report, or any part thereof, write or call the office of (name), who is (state title: e.g., the plan administrator), (business address and telephone number). The charge to cover copying costs will be ($) for the full annual report, or ($) per page for any part thereof.

You also have the right to receive from the plan administrator, on request and at no charge, a statement of the assets and liabilities of the plan and accompanying notes, or a statement of income and expenses of the plan and accompanying notes, or both. If you request a copy of the full annual report from the plan administrator, these two statements and accompanying notes will be included as part of that report. The charge to cover copying costs given above does not include a charge for the copying of these portions of the report because these portions are furnished without charge.

You also have the legally protected right to examine the annual report at the main office of the plan (address), (at any other location where the report is available for examination), and at the U.S. Department of Labor in Washington, D.C., or to obtain a copy from the U.S. Department of Labor upon payment of copying costs. Requests to the Department should be addressed to: Public Disclosure Room, N4677, Pension and Welfare Benefit Programs, Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20216.

(4) Form for Summary Annual Report Relating to Welfare Plans.

Summary Annual Report for (name of plan)

This is a summary of the annual report of the (name of plan, EIN and type of welfare plan) for (period covered by this report). The annual report has been filed with the Internal Revenue Service, as required under the Employee Retirement Income Security Act of 1974 (ERISA).

[If any benefits under the plan are provided on an uninsured basis:]

(Name of sponsor) has committed itself to pay (all, certain) (state type of) claims incurred under the terms of the plan.

[If any of the funds are used to purchase insurance contracts:]

Insurance Information

The plan has (a) contract(s) with (name of insurance carrier(s)) to pay (all, certain) (state type of) claims incurred under the terms of the plan. The total premiums paid for the plan year ending (date) were ($——).

[If applicable add:]

Because (it is a) (they are) so called “experience-rated” contract(s), the premium costs are affected by, among other things, the number and size of claims. Of the total insurance premiums paid for the plan year ending (date), the premiums paid under such “experience-rated” contract(s) were ($ ) and the total of all benefit claims paid under the(se) experience-rated contract(s) during the plan year was ($ ).

[If any funds of the plan are held in trust or in a separately maintained fund:]

Basic financial statement

The value of plan assets, after subtracting liabilities of the plan, was ($ ) as of (the end of plan year), compared to ($ ) as of (the beginning of the plan year). During the plan year the plan experienced an (increase) (decrease) in its net assets of

($ ). This (increase) (decrease) includes unrealized appreciation and depreciation in the value of plan assets; that is, the difference between the value of the plan's assets at the end of the year and the value of the assets at the beginning of the year or the cost of assets acquired during the year. During the plan year, the plan had total income of ($ ) including employer contributions of ($ ), employee contributions of ($ ), realized (gains) (losses) of -($ ) from the sale of assets, and earnings from investments of ($ ). Plan expenses were ($ ). These expenses included -($ ) in administrative expenses, -($ ) in benefits paid to participants and beneficiaries, and ($ ) in other expenses.

Your Rights to Additional Information

You have the right to receive a copy of the full annual report, or any part thereof, on request. The items listed below are included in that report: [Note—list only those items which are actually included in the latest annual report].

1. An accountant's report;

2. Assets held for investment;

3. Fiduciary information, including transactions between the plan and parties-in-interest (that is, persons who have certain relationships with the plan);

4. Loans or other obligations in default;

5. Leases in default;

6. Transactions in excess of 3 percent of plan assets; and

7. Insurance information including sales commissions paid by insurance carriers.

To obtain a copy of the full annual report, or any part thereof, write or call the office of (name), who is (state title: e.g., the plan administrator), (business address and telephone number). The charge to cover copying costs will be ($) for the full annual report, or ($ ) per page for any part thereof.

You also have the right to receive from the plan administrator, on request and at no charge, a statement of the assets and liabilities of the plan and accompanying notes, or a statement of income and expenses of the plan and accompanying notes, or both. If you request a copy of the full annual report from the plan administrator, these two statements and accompanying notes will be included as part of that report. The charge to cover copying costs given above does not include a charge for the copying of these portions of the report because these portions are furnished without charge.

You also have the legally protected right to examine the annual report at the main office of the plan (address), (at any other location where the report is available for examination), and at the U.S. Department of Labor in Washington, D.C. or to obtain a copy from the U.S. Department of Labor upon payment of copying costs. Requests to the Department should be addressed to Public Disclosure Room, N4677, Pension and Welfare Benefit Programs, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20216.

(e) Foreign languages. In the case of either—
(1) A plan which covers fewer than 100 participants at the beginning of a plan year in which 25 percent or more of all plan participants are literate only in the same non-English language; or
(2) A plan which covers 100 or more participants in which 500 or more participants or 10 percent or more of all plan participants, whichever is less, are literate only in the same non-English language—
The plan administrator for such plan shall provide these participants with an English-language summary annual report which prominently displays a notice, in the non-English language common to these participants, offering them assistance. The assistance provided need not involve written materials, but shall be given in the non-English language common to these participants. The notice offering assistance shall clearly set forth any procedures participants must follow to obtain such assistance. Plans furnishing an explanatory notice accompanying Form 5500-R pursuant to subparagraph (b)(1) of this section or the notice of the availability of the Form 5500-R pursuant to subparagraph (b)(2) of this section shall also provide a notice in such non-English language offering such assistance.
(f) Furnishing of additional documents to participants and beneficiaries. A plan administrator shall promptly comply with any request by a participant or beneficiary for additional documents made in accordance with the procedures or rights described in paragraphs (b)(3) and (d) of this section.
(g) Exemptions. Notwithstanding the provisions of this section, a summary annual report is not required to be furnished with respect to the following:
(1) A totally unfunded welfare plan described in 29 CFR 2520.104-44(b)(1)(i);
(2) A welfare plan which meets the requirements of 29 CFR 2520.104-20(b);
(3) An apprenticeship or other training plan which meets the requirements of 29 CFR 2520.104-22;
(4) A pension plan for selected employees which meets the requirements of 29 CFR 2520.104-23;
(5) A welfare plan for selected employees which meets the requirements of 29 CFR 2520.104-24;
(6) A day care center referred to in 29 CFR 2520.104-25;
(7) A dues financed welfare plan which meets the requirements of 29 CFR 2520.104-26; and
(8) A dues financed pension plan which meets the requirements of 29 CFR 2520.104-27.
Appendix to § 2520.104b-10—The Summary Annual Report (SAR) Under ERISA a Cross-Reference to the Annual Report
SAR itemForm 5500 line itemsForm 5500-C line items
A. Pension Plan
1. Funding arrangement11 & 1211 & 12.
2. Total plan expenses35h31j.
3. Administrative expenses35g col.b31h.
4. Benefits paid35e(iii) col.b31g(ii) col.b.
5. Other expenses35f31i.
6. Total participants7(f)7(a)(ii).
7. Value of plan assets (net):
a. End of plan year35l30k col.b.
b. Beginning of plan year35k30k col.a.
8. Change in net assets35l minus 35k30k col.b minus col.a.
9. Total income35d31f.
a. Employer contributions35a(i)(A) & 35a(ii) if applicable31a(j) & 31(b) if applicable.
b. Employee contributions35a(i)(B) & 35a(ii) if applicable31a(ii) & 31b if applicable.
c. Gains (losses) from sale of assets35b(iv) col.b31d.
d. Earnings from investments35b(i)G col.b, 35b(ii)B col.b, 35b(iii), 35b(v), & 35b(vi)31c.
10. Total insurance premiums35e(ii) or total of Schs. A Part II, item 5(b)Total of Schs. A, Part II, item 5(b).
11. Funding deficiency:
a. Defined benefit plansSch. B, item 9m or 10hSch. B, item 9m or 10h.
b. Defined contribution plans15b(iii)15b(iii)
B. Welfare Plan
1. Name of insurance carrierAll Schs. A, Part I, item 2aAll Schs. A, Part I, item 2a.
2. Total insurance premiumsAll Schs. A, Part III, total of item 8cAll Schs. A, Part III, total of item 8c.
3. Experience-rated premiumsAll Schs. A, Part III, item 9a(iv)All Schs. A, Part III, item 9a(iv).
4. Experience-rated claimsAll Schs. A, Part III, item 9b(iv)All Schs. A, Part III, item 9b(iv).
5. Value of plan assets (net):
a. End of plan year35l30k col.b.
b. Beginning of plan year35k30k col.a.
6. Change in net assets35l minus 35k30k col.b minus col.a.
7. Total income35d31f.
a. Employer contributions35a(i)(A) & 35a(ii) if applicable31a(i) & 31b if applicable.
b. Employee contributions35a(i)(B) & 35a(ii) if applicable31a(ii) & 31b if applicable.
c. Gains (losses) from sale of assets35b(iv) col.b31d.
d. Earnings from investments35b(i)(G) col.b, 35b(ii)(B) col.b, 35b(iii), 35b(v), and 35b(vi)31c.
8. Total plan expenses35h31j.
9. Administrative expenses35g col.b31h.
10. Benefits paid35e(iii) col.b31g(ii) col.b.
Source credit, amendments & notes

[44 FR 19403, Apr. 3, 1979, as amended at 44 FR 31640, June 1, 1979; 47 FR 31873, July 23, 1982; 54 FR 8629, Mar. 1, 1989]

Note:

Inapplicable portions of this notice may be omitted.

29 C.F.R. § 2520.104b-10 — Summary Annual Report. · CFR 1999 annual edition (revised as of 1999-07-01) · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-2520.104b-10&asof=1993-02-01 · printed Oct 16, 2026
On this page
  • (a) Obligation to furnish.
  • (b) Plans filing Form 5500-R.
  • (c) When to furnish.
  • (d) Contents, style and format.
  • (e) Foreign languages.
  • (f) Furnishing of additional documents to participants and bene…
  • (g) Exemptions.
Implements
ERISA § 104 (29 U.S.C. § 1024) Filing with Secretary and furnishing information to participants and certain employers
Cited by (code & regs)
Glossary
SAR
Summary annual report.
Guidance addressing this section

No documents are primarily about this section.

Also cited in 16 other documents
Department of Labor (EBSA)
Proposed Rules
  • 91 FR 46602Proposed Jul 23, 2026 — Electronic Disclosure by Group Health Plans Under ERISA Comments due Sep 21, 2026
  • 91 FR 9213Proposed Feb 25, 2026 — Requirement To Provide Paper Statements in Certain Cases-Amendments to Electronic Disclosure Safe Harbors Comments due Apr 27, 2026
  • 91 FR 4348Proposed Jan 30, 2026 — Improving Transparency Into Pharmacy Benefit Manager Fee Disclosure Comments due Mar 31, 2026
  • 86 FR 51488Proposed Sep 15, 2021 — Proposed Revision of Annual Information Return/Reports Comments due Nov 1, 2021
  • 86 FR 51284Proposed Sep 15, 2021 — Annual Reporting and Disclosure Comments due Nov 1, 2021
  • 84 FR 56894Proposed Oct 23, 2019 — Default Electronic Disclosure by Employee Pension Benefit Plans Under ERISA Comments due Nov 22, 2019
  • 81 FR 47534Proposed Jul 21, 2016 — Proposed Revision of Annual Information Return/Reports Comments due Oct 4, 2016
  • 81 FR 47496Proposed Jul 21, 2016 — Annual Reporting and Disclosure Comments due Oct 4, 2016 (d)(3)
  • 76 FR 76222Proposed Dec 6, 2011 — Filings Required of Multiple Employer Welfare Arrangements and Certain Other Related Entities Comments due Mar 5, 2012
  • 75 FR 70625Proposed Nov 18, 2010 — Annual Funding Notice for Defined Benefit Plans Comments due Jan 18, 2011
Final Rules
  • 88 FR 11793 Feb 24, 2023 — Annual Reporting and Disclosure
  • 85 FR 31884 May 27, 2020 — Default Electronic Disclosure by Employee Pension Benefit Plans Under ERISA
  • 80 FR 5626 Feb 2, 2015 — Annual Funding Notice for Defined Benefit Plans
PBGC
Final Rules
  • 80 FR 35220 Jun 19, 2015 — Partitions of Eligible Multiemployer Plans (e)
IRS / Treasury
Revenue Procedures
  • Rev. Proc. 2004-44 Aug 2, 2004 — Minimum funding standards; amortization; extensions. This procedure sets forth guidelines for requesting extensions of the amortization period of the minimum f…
  • Rev. Proc. 2004-15 Feb 17, 2004 — Minimum funding standards; waivers; notice. This procedure sets forth guidelines for requesting waivers of the minimum funding standards with respect to define…

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Each row is a version of the text as published by the official source. Code dates are the edition/release point that first reflected the change; regulation dates are eCFR effective dates. The library checks the official sources automatically, so new versions appear here on their own; “run” opens the sync that recorded a version.

EffectiveThroughSourceAmended by
Jul 1, 1997Jun 30, 2000CFR 1999 annual edition (revised as of 1999-07-01) run 12754 FR 8629, Mar. 1, 1989View
Jul 1, 2000Jun 30, 2002CFR 2001 annual edition (revised as of 2001-07-01) run 127View · Redline (sign in)
Jul 1, 2002Jun 30, 2003CFR 2002 annual edition (revised as of 2002-07-01) run 12765 FR 35568, June 5, 2000View · Redline (sign in)
Jul 1, 2003Jun 30, 2008CFR 2007 annual edition (revised as of 2007-07-01) run 12768 FR 16400, Apr. 3, 2003View · Redline (sign in)
Jul 1, 2008Jun 30, 2015CFR 2014 annual edition (revised as of 2014-07-01) run 12772 FR 64729, Nov. 16, 2007View · Redline (sign in)
Jul 1, 2015Dec 31, 2016CFR 2016 annual edition (revised as of 2016-07-01) run 12780 FR 5663, Feb. 2, 2015View · Redline (sign in)
Jan 1, 2017Aug 18, 2019eCFR editorial change effective 2017-01-01 run 2680 FR 5663, Feb. 2, 2015View · Redline (sign in)
Aug 19, 2019Feb 23, 2023eCFR editorial change effective 2019-08-19 run 2680 FR 5663, Feb. 2, 2015View · Redline (sign in)
Feb 24, 2023Apr 24, 2023eCFR editorial change effective 2023-02-24 run 2680 FR 5663, Feb. 2, 2015View · Redline (sign in)
Apr 25, 2023currenteCFR editorial change effective 2023-04-25 run 288 FR 11812, Feb. 24, 2023View · Redline (sign in)
Provision-level history (blame)