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Content Last Revised: 01/07/2002 |
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Code of Federal Regulations Pertaining to EBSA |
| Labor |
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| Pension and Welfare Benefits Administration, Department of Labor |
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| Rules and Regulations for Reporting and Disclosure |
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| Disclosure Requirements |
29 CFR 2520.104b-2 - Summary plan description.
- Section Number: 2520.104b-2
- Section Name: Summary plan description.
(a) Obligation to furnish. Under the authority of sections 104(b)(1)
and 104(c) of the Act, the plan administrator of an employee benefit
plan subject to the provisions of part 1 of title I shall furnish a copy
of the summary plan description and a statement of ERISA rights as
provided in Sec. 2520.102-3(t), to each participant covered under the
plan (as defined in Sec. 2510.3-3(d)), and each beneficiary receiving
benefits under a pension plan on or before the later of:
(1) The date which is 90 days after the employee becomes a
participant, or (in the case of a beneficiary receiving benefits under a
pension plan) within 90 days after he or she first receives benefits,
except as provided in Sec. 2520.104b-4(a), or,
(2) Within 120 days after the plan becomes subject to part 1 of
title I.
(3)(i) A plan becomes subject to part 1 of title I on the first day
on which an employee is credited with an hour of service under Sec.
2530.200b-2 or Sec. 2530.200b-3. Where a plan is made prospectively
effective to take effect after a certain date or after a condition is
satisfied, the day upon which the plan becomes
[[Page 434]]
subject to part 1 of title I is the day after such date or condition is
satisfied. Where a plan is adopted with a retroactive effective date,
the 120 day period begins on the day after the plan is adopted. Where a
plan is made retroactively effective dependent on a condition, the day
on which the plan becomes subject to part 1 of title I is the day after
the day on which the condition is satisfied. Where a plan is made
retroactively effective subject to a contingency which may or may not
occur in the future, the day on which the plan becomes subject to part
1, title I is the day after the day on which the contingency occurs.
(ii) Examples: Company A is negotiating the purchase of Company B.
On September 1, 1978, as part of the negotiations, Company A adopts a
pension plan covering the employees of Company B, contingent on the
successful conclusion of its negotiations to purchase Company B. The
plan provides that it shall take effect on the first day of the calendar
year in which the purchase is concluded. On February 1, 1979, the
negotiations conclude with Company A's purchase of Company B. The plan
therefore becomes effective on February 1, 1979, retroactive to January
1, 1979. The summary plan description must be filed and disclosed no
later than 120 days after February 1, 1979.
(b) Periods for furnishing updated summary plan description. (1) For
purposes of the requirement to furnish the updated summary plan
description to each participant and each beneficiary receiving benefits
under the plan (other than beneficiaries receiving benefits under a
welfare plan) required by section 104(b)(1) of the Act, the
administrator of an employee benefit plan shall furnish such updated
summary plan description no later than 210 days following the end of the
plan year which occurs five years after the last date a change in the
information required to be disclosed by section 102 or 29 CFR 2520.102-3
would have been reflected in the most recently distributed summary plan
description (or updated summary plan description) as described in
section 102 of the Act.
(2) In the case of a plan to which no amendments have been made
between the end of the time period covered by the last distributed
summary plan description (or updated summary plan description),
described in section 102 of the Act, and the next occurring applicable
date described in paragraph (b)(1) of this section, for purposes of the
requirement to furnish the updated summary plan description to each
participant, and to each beneficiary receiving benefits under the plan
(other than beneficiaries receiving benefits under a welfare plan),
required by section 104(b)(1) of the Act, the administrator of an
employee benefit plan shall furnish such updated summary plan
description no later than 210 days following the end of the plan year
which occurs ten years after the last date a change in the information
required to be disclosed by section 102 or 29 CFR 2520.102-3 would have
been reflected in the most recently distributed summary plan description
(or updated summary plan description), as described in section 102 of
the Act.
(c)-(f) [Reserved]
(g) Terminated plans. (1) If, on or before the date by which a plan
is required to furnish a summary plan description or updated summary
plan description to participants and pension plan beneficiaries under
this section, the plan has terminated within the meaning of paragraph
(g)(2) of this section, the administrator of such plan is not required
to furnish to participants covered under the plan or to beneficiaries
receiving benefits under the plan a summary plan description.
(2) For purposes of this section, a plan shall be considered
terminated if:
(i) In the case of an employee pension benefit plan, all
distributions to participants and beneficiaries have been completed; and
(ii) In the case of an employee welfare benefit plan, no claims can
be incurred which will result in a liability of the plan to pay
benefits. A claim is incurred upon the occurrence of the event or
condition from which the claim arises (whether or not discovered).
(h) [Reserved]
(i) Style and format of the summary plan description. See Sec.
2520.102-2.
(j) Contents of the summary plan description. See Sec. 2520.102-3.
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(k) Option for different summary plan descriptions. See Sec.
2520.102-4; Sec. 2520.104-26; and Sec. 2520.104-27.
(l) Employee benefit plan--participant covered under a plan. See
Sec. 2510.3-3(d).
[42 FR 37187, July 19, 1977, as amended at 45 FR 14032, Mar. 4, 1980; 48
FR 1714, Jan. 14, 1983; 61 FR 33849, 33850, July 1, 1996; 67 FR 777,
Jan. 7, 2002]
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