[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: 29CFR2520.104-4]

[Page 397-398]
 
                             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. 2520.104-4  Alternative method of compliance for certain successor pension plans.

    (a) General. Under the authority of section 110 of the Act, this 
section sets forth an alternative method of compliance for certain 
successor pension plans in which some participants and beneficiaries not 
only have their rights

[[Page 398]]

set out in the plan, but also retain eligibility for certain benefits 
under the terms of a former plan which has been merged into the 
successor. This section is applicable only to plan mergers which occur 
after the issuance by the successor plan of the initial summary plan 
description under the Act. Under the alternative method, the plan 
administrator of the successor plan is not required to describe relevant 
provisions of merged plans in summary plan descriptions of the successor 
plan furnished after the merger to that class of participants and 
beneficiaries still affected by the terms of the merged plans. Also, the 
plan administrator of the successor plan is not required to file with 
the Secretary of Labor a copy of the summary plan description of any 
merged plan.
    (b) Scope and application. This alternative method of compliance is 
available only if:
    (1) The plan administrator of the successor plan furnishes to the 
participants covered under the predecessor plan and beneficiaries 
receiving pension benefits under the merged plan within 90 days after 
the effective date of the merger:
    (i) A copy of the most recent summary plan description of the 
successor plan;
    (ii) A copy of any summaries of material modifications to the 
successor plan not incorporated in the most recent summary plan 
description; and
    (iii) A separate statement containing a brief description of the 
merger, a description of the provisions of, and benefits provided by, 
the merged and successor plans which are applicable to the participants 
and beneficiaries of the merged plan; and a notice that copies of the 
merged and successor plan documents, as well as the plan merger 
documents (including the portions of any corporate merger documents 
which describe or control the plan merger), are available for inspection 
and that copies may be obtained upon written request for a duplication 
charge (pursuant to Sec. 2520.104b-30); and
    (2) After the merger, the plan administrator, in all subsequent 
summary plan descriptions furnished pursuant to Sec. 2520.104b-2(a)--
    (i) Clearly and conspicuously identifies the class of participants 
and beneficiaries affected by the provisions of the merged plan, and
    (ii) States that the documents described in paragraph (b)(1) of this 
section are available for inspection and that copies may be obtained 
upon written request for a duplication charge (pursuant to 
Sec. 2520.104b-30).

[42 FR 37182, July 19, 1977]