[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2520.104a-8]

[Page 422-423]
 
                             TITLE 29--LABOR
 
 CHAPTER XXV--EMPLOYEE BENEFITS SECURITY ADMINISTRATION, DEPARTMENT OF 
                                  LABOR
 
PART 2520_RULES AND REGULATIONS FOR REPORTING AND DISCLOSURE
--Table of Contents
 
                    Subpart E_Reporting Requirements
 
Sec. 2520.104a-8  Requirement to furnish documents to the Secretary of 
Labor on request.

    (a) In general. (1) Under section 104(a)(6) of the Act, the 
administrator of an employee benefit plan subject to the provisions of 
part 1 of title I of the Act is required to furnish to the Secretary, 
upon request, any documents relating to the employee benefit plan. For 
purposes of section 104(a)(6) of the Act, the administrator of an 
employee benefit plan shall furnish to the Secretary, upon service of a 
written request, a copy of:
    (i) The latest updated summary plan description (including any 
summaries of material modifications to the plan

[[Page 423]]

or changes in the information required to be included in the summary 
plan description); and
    (ii) Any other document described in section 104(b)(4) of the Act 
with respect to which a participant or beneficiary has requested, in 
writing, a copy from the plan administrator and which the administrator 
has failed or refused to furnish to the participant or beneficiary.
    (2) Multiple requests for document(s). Multiple requests under this 
section for the same or similar document or documents shall be 
considered separate requests for purposes of Sec. 2560.502c-6(a).
    (b) For purposes of this section, a participant or beneficiary will 
include any individual who is:
    (1) A participant or beneficiary within the meaning of ERISA 
sections 3(7) and 3(8), respectively;
    (2) An alternate payee under a qualified domestic relations order 
(see ERISA section 206(d)(3)(K)) or prospective alternate payee 
(spouses, former spouses, children or other dependents);
    (3) A qualified beneficiary under COBRA (see ERISA section 607(3)) 
or prospective qualified beneficiary (spouse or dependent child);
    (4) An alternate recipient under a qualified medical child support 
order (see ERISA section 609(a)(2)(C)) or a prospective alternate 
recipient; or
    (5) A representative of any of the foregoing.
    (c) Service of request. Requests under this section shall be served 
in accordance with Sec. 2560.502c-6(i).
    (d) Furnishing documents. A document shall be deemed to be furnished 
to the Secretary on the date the document is received by the Department 
of Labor at the address specified in the request; or, if a document is 
delivered by certified mail, the date on which the document is mailed to 
the Department of Labor at the address specified in the request.

[67 FR 784, Jan. 7, 2002]