[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: 29CFR2520.104-23]

[Page 401-402]
 
                             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 D--Provisions Applicable to Both Reporting and Disclosure 
                              Requirements
 
Sec. 2520.104-23  Alternative method of compliance for pension plans for certain selected employees.

    (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).

[[Page 402]]

    (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)(1) 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) Filing address. Statements may be filed with the Secretary of 
Labor by mailing them addressed to: Top Hat Plan Exemption, Pension and 
Welfare Benefits Administration, Room N-5644, U.S. Department of Labor, 
200 Constitution Avenue NW., Washington, DC 20210, or by delivering it 
during normal working hours to the Division of Reports, Office of 
Program Services, Pension and Welfare Benefits Administration, Room N-
5644, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, 
DC.
    (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.

[40 FR 34533, Aug. 15, 1975, as amended at 54 FR 8629, Mar. 1, 1989]