Brief Case

29 C.F.R. § 2520.104-48

Alternative method of compliance for model simplified employee pensions—IRS Form 5305–SEP.
eCFR editorial change effective 2017-01-01 · current · last amended by 45 FR 24869, Apr. 11, 1980
Back to current
Under the authority of section 110 of the Act the provisions of this section are prescribed as an alternative method of compliance with the reporting and disclosure requirements set forth in part 1 of title I of the Employee Retirement Income Security Act of 1974 in the case of a simplified employee pension (SEP) described in section 408(k) of the Internal Revenue Code of 1954 as amended (the Code) that is created by use without modification of Internal Revenue Service (IRS) Form 5305-SEP.
(a) At the time an employee becomes eligible to participate in the SEP (whether at the creation of the SEP or thereafter), the administrator of the SEP (generally the employer establishing and maintaining the SEP) shall furnish the employee with a copy of the completed and unmodified IRS Form 5305-SEP used to create the SEP, including (1) the completed Contribution Agreement, (2) the General Information and Guidelines, and (3) the Questions and Answers.
(b) Following the end of each calendar year the administrator of the SEP shall notify each participant in the SEP in writing of any employer contributions made under the Contribution Agreement to the participant's individual retirement account or individual retirement annuity (IRA) for that year.
(c) If the employer establishing and maintaining the SEP selects, recommends, or in any other way influences employees to choose a particular IRA or type of IRA into which contributions under the SEP will be made, and if that IRA is subject to restrictions on a participant's ability to withdraw funds (other than restrictions imposed by the Code that apply to all IRAs), the administrator of the SEP shall give to each employee, in writing, within 90 days of the adoption of this regulation or at the time such employee becomes eligible to participate in the SEP, whichever is later, a clear explanation of those restrictions and a statement to the effect that other IRAs, into which rollovers or employee contributions may be made, may not be subject to such restrictions.
Source credit, amendments & notes

[45 FR 24869, Apr. 11, 1980]

29 C.F.R. § 2520.104-48 — Alternative method of compliance for model simplified employee pensions—IRS Form 5305–SEP. · eCFR editorial change effective 2017-01-01 · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-2520.104-48&asof=1997-07-01 · printed Oct 16, 2026
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  • (a) (a) At the time an employee becomes eligible to participate…
  • (b) (b) Following the end of each calendar year the administrat…
  • (c) (c) If the employer establishing and maintaining the SEP se…
Implements
ERISA § 104 (29 U.S.C. § 1024) Filing with Secretary and furnishing information to participants and certain employers
Glossary
SEP
Simplified employee pension.
IRA
Individual retirement account or annuity.
Guidance addressing this section

No documents are primarily about this section.

Also cited in 5 other documents
Department of Labor (EBSA)
Technical Releases
  • TR 2026-02 Jun 17, 2026 — Technical Release 2026-02
Final Rules
  • 84 FR 37508 Jul 31, 2019 — Definition of “Employer” Under Section 3(5) of ERISA-Association Retirement Plans and Other Multiple-Employer Plans
  • 76 FR 66136 Oct 25, 2011 — Investment Advice-Participants and Beneficiaries
Proposed Rules
  • 83 FR 53534Proposed Oct 23, 2018 — Definition of “Employer” Under Section 3(5) of ERISA-Association Retirement Plans and Other Multiple-Employer Plans Comments due Dec 24, 2018
  • 81 FR 47534Proposed Jul 21, 2016 — Proposed Revision of Annual Information Return/Reports Comments due Oct 4, 2016

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EffectiveThroughSourceAmended by
Jul 1, 1997currenteCFR editorial change effective 2017-01-01 run 245 FR 24869, Apr. 11, 1980View
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