[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2520.103-4]

[Page 387-388]
 
                             TITLE 29--LABOR
 
CHAPTER XXV--PENSION AND WELFARE BENEFITS ADMINISTRATION, DEPARTMENT OF 
                                  LABOR
 
PART 2520--RULES AND REGULATIONS FOR REPORTING AND DISCLOSURE--Table of Contents
 
                  Subpart C--Annual Report Requirements
 
Sec. 2520.103-4  Exemption from certain annual reporting requirements for assets held in an insurance company pooled separate account.

    (a) General. Under the authority of sections 103(b)(3)(G), 
103(b)(4), 104(a)(2)(B), 104(a)(3), 110 and 505 of the Act, a plan whose 
assets are held in whole or in part in a pooled separate account of an 
insurance carrier which meets the requirements of paragraph (b) of this 
section shall include as part of the annual report required to be filed 
under Sec. 2520.104a-5 or Sec. 2520.104a-6 the information described in 
paragraph (c) of this section. Such plan is not required to include in 
its annual report information concerning the individual transactions of 
the pooled separate account. This exemption has no application to assets 
not held in such a pooled separate account.
    (b) Application. This provision applies only to a plan some or all 
of the assets of which are held in a pooled separate account of an 
insurance carrier regulated and supervised and subject to periodic 
examination by a State agency. For purposes of this section, (1) a 
pooled separate account is an account which consists of the assets of 
two or more participating entities and is maintained for the collective 
investment and reinvestment of assets contributed thereto, and (2) plans 
maintained by a single employer or by members of a controlled group of 
corporations, as defined in section 1563(a) of the Internal Revenue Code 
of 1954, shall be deemed to be a single participating entity.
    (c) Contents. (1) A plan which meets the requirements of paragraph 
(b) of this section, and which invests in a pooled separate account that 
files a Form 5500 report in accordance with Sec. 2520.103-9, shall 
include in its annual report: information required by the instructions 
to Schedule H (Financial Information) or Schedule I (Financial 
Information--Small Plan) about the current value of, and net investment 
gain or loss relating to, the units of participation in the pooled 
separate account

[[Page 388]]

held by the plan; identifying information about the pooled separate 
account including its name, employer identification number, and any 
other information required by the instructions to the Schedule D (DFE/
Participating Plan Information); and such other information as is 
required in the separate statements and schedules of the annual report 
about the value of the plan's units of participation in the pooled 
separate accounts and transactions involving the acquisition and 
disposition by the plan of units of participation in the pooled separate 
account.
    (2) A plan which meets the requirements of paragraph (b) of this 
section, and which invests in a pooled separate account that does not 
file a Form 5500 report in accordance with Sec. 2520.103-9, shall 
include in its annual report: information required by the instructions 
to Schedule H (Financial Information) or Schedule I (Financial 
Information--Small Plan) about the current value of the plan's allocable 
portion of the underlying assets and liabilities of the pooled separate 
account and the net investment gain or loss relating to the units of 
participation in the pooled separate account held by the plan; 
identifying information about the pooled separate account including its 
name, employer identification number, and any other information required 
by the instructions to the Schedule D (DFE/Participating Plan 
Information); and such other information as is required in the separate 
statements and schedules of the annual report about the value of the 
plan's units of participation in the pooled separate account and 
transactions involving the acquisition and disposition by the plan of 
units of participation in the pooled separate account.

[43 FR 10140, Mar. 10, 1978, as amended at 65 FR 21081, Apr. 19, 2000]