29 C.F.R. § 2520.103-12 — Limited exemption and alternative method of compliance for annual reporting of investments in certain entities.

(a) This section prescribes an exemption from and alternative method of compliance with the annual reporting requirements of part 1 of title I of ERISA for employee benefit plans whose assets are invested in certain entities described in paragraph (c). A plan utilizing this method of reporting shall include as part of its annual report the current value of its investment or units of participation in the entity in the manner prescribed by the Return/Report Form and the instructions thereto. The plan is not required to include in its annual report any information regarding the underlying assets or individual transactions of the entity, provided the information described in paragraph (b) regarding the entity is reported directly to the Department on behalf of the plan administrator no later than the date on which the plan's annual report is due. The information described in paragraph (b), however, shall be considered as part of the annual report for purposes of the requirements of section 104(a)(1)(A) of the Act and §§ 2520.104a-5 and 2520.104a-6.

(b) The following information regarding the entity must be reported for the fiscal year of the entity ending with or within the plan year for which the plan's annual report is made:

(1) Name, address and EIN of the entity;

(2) A list of all plans investing in the entity identified by plan name, plan number, and name and EIN of the plan sponsor as they appear on the annual return/report;

(3) Annual statement of assets and liabilities of the entity;

(4) Statement of income and expenses of the entity;

(5) Assets held for investment (including acquisitions and dispositions), leases and obligations in default, and compensation paid by the entity for services—in the manner required by the instructions to the Annual Return/Report Form 5500;

(6) Report of an independent qualified public accountant regarding the statements and schedules described in paragraphs (b)(2)-(5) of this section which meets the requirements of § 2520.103-1(b)(5).

(c) This method of reporting is available to any employee benefit plan which has invested in an entity the assets of which are deemed to include plan assets under § 2510.3-101, provided the entity holds the assets of two or more plans which are not members of a “related group” of employee benefit plans as that term is defined in paragraph (e) of this section. The method of reporting is not available for investments in an insurance company pooled separate account or a common or collective trust maintained by a bank, trust company, or similar institution.

(d) The examination and report of an independent qualified public accountant required by § 2520.103-1 for a plan utilizing the method of reporting described in this section need not extend to any information concerning an entity which is reported directly to the Department under paragraph (b) of this section.

(e) A “related group” of employee benefit plans consists of every group of two or more employee benefit plans—

(1) Each of which receives 10 percent or more of its aggregate contributions from the same employer or from members of the same controlled group of corporations (as determined under section 1563(a) of the Internal Revenue Code, without regard to section 1563(a)(4) thereof); or

(2) Each of which is either maintained by, or maintained pursuant to a collective bargaining agreement negotiated by, the same employee organization or affiliated employee organizations. For purposes of this paragraph, an “affiliate” of an employee organization means any person controlling, controlled by, or under common control with such organization, and includes any organization chartered by the same parent body, or governed by the same constitution and bylaws, or having the relation of parent and subordinate.

Pension Law Library · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-2520.103-12&asof=1997-07-01 · printed October 16, 2026. Unofficial copy compiled from official federal sources; verify against the official text before relying on it.