[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: 29CFR4000.53]

[Page 748]
 
                             TITLE 29--LABOR
 
            CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION
 
PART 4000_FILING, ISSUANCE, COMPUTATION OF TIME, AND RECORD RETENTION
--Table of Contents
 
             Subpart E_Electronic Means of Record Retention
 
Sec. 4000.53  May I use electronic media to satisfy PBGC's record 
retention requirements?

    General requirements. You may use electronic media to satisfy the 
record maintenance and retention requirements of this chapter if:
    (a) The electronic recordkeeping system has reasonable controls to 
ensure the integrity, accuracy, authenticity and reliability of the 
records kept in electronic form;
    (b) The electronic records are maintained in reasonable order and in 
a safe and accessible place, and in such manner as they may be readily 
inspected or examined (for example, the recordkeeping system should be 
capable of indexing, retaining, preserving, retrieving and reproducing 
the electronic records);
    (c) The electronic records are readily convertible into legible and 
readable paper copy as may be needed to satisfy reporting and disclosure 
requirements or any other obligation under section 302(f)(4), section 
307(e), or Title IV of ERISA;
    (d) The electronic recordkeeping system is not subject, in whole or 
in part, to any agreement or restriction that would, directly or 
indirectly, compromise or limit a person's ability to comply with any 
reporting and disclosure requirement or any other obligation under 
section 302(f)(4), section 307(e), or Title IV of ERISA;
    (e) Adequate records management practices are established and 
implemented (for example, following procedures for labeling of 
electronically maintained or retained records, providing a secure 
storage environment, creating back-up electronic copies and selecting an 
off-site storage location, observing a quality assurance program 
evidenced by regular evaluations of the electronic recordkeeping system 
including periodic checks of electronically maintained or retained 
records; and retaining paper copies of records that cannot be clearly, 
accurately or completely transferred to an electronic recordkeeping 
system); and
    (f) All electronic records exhibit a high degree of legibility and 
readability when displayed on a video display terminal or other method 
of electronic transmission and when reproduced in paper form. The term 
``legibility'' means the observer must be able to identify all letters 
and numerals positively and quickly to the exclusion of all other 
letters or numerals. The term ``readability'' means that the observer 
must be able to recognize a group of letters or numerals as words or 
complete numbers.