[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR4000.24]

[Page 743-744]
 
                             TITLE 29--LABOR
 
            CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION
 
PART 4000_FILING, ISSUANCE, COMPUTATION OF TIME, AND RECORD RETENTION
--Table of Contents
 
             Subpart C_Determining Filing and Issuance Dates
 
Sec. 4000.24  What if I mail my submission or issuance using the U.S. 
Postal Service?

    (a) In general. Your filing or issuance date is the date you mail 
your submission or issuance using the U.S. Postal Service if you meet 
the requirements of paragraph (b) of this section, and you mail it by 
the last scheduled collection of the day. If you mail it later than 
that, or if there is no scheduled collection that day, your filing or 
issuance date is the date of the next scheduled collection. If you do 
not meet the requirements of paragraph (b), your filing or issuance date 
is the date of receipt at the proper address.
    (b) Requirements for ``send date.'' Your submission or issuance must 
meet the applicable postal requirements, be properly addressed, and you 
must use First-Class Mail (or a U.S. Postal Service mail class that is 
at least the equivalent of First-Class Mail, such as Priority Mail or 
Express Mail). However, if you are filing an advance notice of 
reportable event or a Form 200 (notice of certain missed contributions), 
see Sec. 4000.23(b); these filings are always treated as filed when 
received.
    (c) Presumptions. We make the following presumptions--
    (1) U.S. Postal Service postmark. If you meet the requirements of 
paragraph (b) of this section and your submission or issuance has a 
legible U.S. Postal Service postmark, we presume that the postmark date 
is the filing or issuance date. However, you may prove an earlier date 
under paragraph (a) of this section.
    (2) Private meter postmark. If you meet the requirements of 
paragraph (b) of this section and your submission or issuance has a 
legible postmark made by a private postage meter (but no legible U.S. 
Postal Service postmark) and arrives at the proper address by the time 
reasonably expected, we presume that the metered postmark date is your 
filing or issuance date. However, you may prove an earlier date under 
paragraph (a) of this section.
    (d) Examples. (1) You mail your issuance using the U.S. Postal 
Service and meet the requirements of paragraph (b) of this section. You 
deposit your issuance in a mailbox at 4 p.m. on Friday, March 15 and the 
next scheduled collection at that mailbox is 5 p.m. that day. Your 
issuance date is March 15. If on the other hand you deposit it at 6 p.m. 
and the next collection at that mailbox is not until Monday, March 18, 
your issuance date is March 18.
    (2) You mail your submission using the U.S. Postal Service and meet 
the requirements of paragraph (b) of this section. You deposit your 
submission

[[Page 744]]

in the mailbox at 4 p.m. on Friday, March 15, and the next scheduled 
collection at that mailbox is 5 p.m. that day. If your submission does 
not show a March 15 postmark, then you may prove to us that you mailed 
your submission by the last scheduled collection on March 15.