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Pension Resource

29 C.F.R. § 2520.104-23

Alternative method of compliance for pension plans for certain selected employees.
eCFR editorial change effective 2019-08-16 · current · last amended by 84 FR 27955, June 17, 2019
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(a) Purpose and scope.
(1) This section contains an alternative method of compliance with the reporting and disclosure requirements of part 1 of title I of the Employee Retirement Income Security Act of 1974 for unfunded or insured pension plans maintained by an employer for a select group of management or highly compensated employees, pursuant to the authority of the Secretary of Labor under section 110 of the Act (88 Stat. 851).
(2) Under section 110 of the Act, the Secretary is authorized to prescribe an alternative method for satisfying any requirement of part 1 of title I of the Act with respect to any pension plans, or class of pension plans, subject to such requirement.
(b) Filing obligation. Under the authority of section 110 of the Act, an alternative form of compliance with the reporting and disclosure requirements of part 1 of the Act is provided for certain pension plans for a select group of management or highly compensated employees. The administrator of a pension plan described in paragraph (d) shall be deemed to satisfy the reporting and disclosure provisions of part 1 of title I of the Act by—
(1) Filing a statement with the Secretary of Labor that includes the name and address of the employer, the employer identification number (EIN) assigned by the Internal Revenue Service, a declaration that the employer maintains a plan or plans primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees, and a statement of the number of such plans and the number of employees in each, and
(2) Providing plan documents, if any, to the Secretary upon request as required by section 104(a)(6) of the Act. Only one statement need be filed for each employer maintaining one or more of the plans described in paragraph (d) of this section. For plans in existence on May 4, 1975, the statement shall be filed on or before August 31, 1975. For a plan to which part 1 of title I of the Act becomes applicable after May 4, 1975, the statement shall be filed within 120 days after the plan becomes subject to part 1.
(c) Electronic filing of statement. Statements referred to in paragraph (b) of this section shall be filed with the Secretary electronically in accordance with the instructions published by the Department.
(d) Application. The alternative form of compliance described in paragraph (b) of this section is available only to employee pension benefit plans—
(1) Which are maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees, and
(2) For which benefits (i) are paid as needed solely from the general assets of the employer, (ii) are provided exclusively through insurance contracts or policies, the premiums for which are paid directly by the employer from its general assets, issued by an insurance company or similar organization which is qualified to do business in any State, or (iii) both.
Source credit, amendments & notes

[40 FR 34533, Aug. 15, 1975, as amended at 54 FR 8629, Mar. 1, 1989; 67 FR 776, Jan. 7, 2002; 68 FR 16400, Apr. 3, 2003; 84 FR 27955, June 17, 2019]

29 C.F.R. § 2520.104-23 — Alternative method of compliance for pension plans for certain selected employees. · eCFR editorial change effective 2019-08-16 · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-2520.104-23&asof=2019-08-16 · printed Oct 16, 2026
On this page
  • (a) Purpose and scope.
  • (b) Filing obligation.
  • (c) Electronic filing of statement.
  • (d) Application.
Implements
ERISA § 104 (29 U.S.C. § 1024) Filing with Secretary and furnishing information to participants and certain employers
Cited by (code & regs)
Guidance addressing this section
Department of Labor (EBSA)
Final Rules
  • 84 FR 27952 Jun 17, 2019 — Electronic Filing of Notices for Apprenticeship and Training Plans and Statements for Pension Plans for Certain Select Employees (c)
Proposed Rules
  • 79 FR 58720Proposed Sep 30, 2014 — Electronic Filing of Notices for Apprenticeship and Training Plans and Statements for Pension Plans for Certain Select Employees Comments due Dec 29, 2014 (c)
Also cited in 1 other documents
Department of Labor (EBSA)
Proposed Rules
  • 81 FR 47534Proposed Jul 21, 2016 — Proposed Revision of Annual Information Return/Reports Comments due Oct 4, 2016

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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, 2002CFR 2001 annual edition (revised as of 2001-07-01) run 12754 FR 8629, Mar. 1, 1989View
Jul 1, 2002Jun 30, 2003CFR 2002 annual edition (revised as of 2002-07-01) run 12767 FR 776, Jan. 7, 2002View · Redline (sign in)
Jul 1, 2003Jun 16, 2019eCFR amendment effective 2017-01-01 run 2668 FR 16400, Apr. 3, 2003View · Redline (sign in)
Jun 17, 2019Aug 15, 2019eCFR amendment effective 2019-06-17 run 2668 FR 16400, Apr. 3, 2003View · Redline (sign in)
Aug 16, 2019currenteCFR editorial change effective 2019-08-16 run 284 FR 27955, June 17, 2019View · Redline (sign in)
Provision-level history (blame)