[Code of Federal Regulations]

[Title 29, Volume 9]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR2520.103-4]



[Page 428]

 

                             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 C_Annual Report Requirements

 

Sec.  2520.103-4  Exemption from certain annual reporting requirements 

for assets held in an insurance company pooled separate account.



    (a) General. Under the authority of sections 103(b)(3)(G), 

103(b)(4), 104(a)(2)(B), 104(a)(3), 110 and 505 of the Act, a plan whose 

assets are held in whole or in part in a pooled separate account of an 

insurance carrier which meets the requirements of paragraph (b) of this 

section shall include as part of the annual report required to be filed 

under Sec.  2520.104a-5 or Sec.  2520.104a-6 the information described 

in paragraph (c) of this section. Such plan is not required to include 

in its annual report information concerning the individual transactions 

of the pooled separate account. This exemption has no application to 

assets not held in such a pooled separate account.

    (b) Application. This provision applies only to a plan some or all 

of the assets of which are held in a pooled separate account of an 

insurance carrier regulated and supervised and subject to periodic 

examination by a State agency. For purposes of this section, (1) a 

pooled separate account is an account which consists of the assets of 

two or more participating entities and is maintained for the collective 

investment and reinvestment of assets contributed thereto, and (2) plans 

maintained by a single employer or by members of a controlled group of 

corporations, as defined in section 1563(a) of the Internal Revenue Code 

of 1954, shall be deemed to be a single participating entity.

    (c) Contents. (1) A plan which meets the requirements of paragraph 

(b) of this section, and which invests in a pooled separate account that 

files a Form 5500 report in accordance with Sec.  2520.103-9, shall 

include in its annual report: information required by the instructions 

to Schedule H (Financial Information) or Schedule I (Financial 

Information--Small Plan) about the current value of, and net investment 

gain or loss relating to, the units of participation in the pooled 

separate account held by the plan; identifying information about the 

pooled separate account including its name, employer identification 

number, and any other information required by the instructions to the 

Schedule D (DFE/Participating Plan Information); and such other 

information as is required in the separate statements and schedules of 

the annual report about the value of the plan's units of participation 

in the pooled separate accounts and transactions involving the 

acquisition and disposition by the plan of units of participation in the 

pooled separate account.

    (2) A plan which meets the requirements of paragraph (b) of this 

section, and which invests in a pooled separate account that does not 

file a Form 5500 report in accordance with Sec.  2520.103-9, shall 

include in its annual report: information required by the instructions 

to Schedule H (Financial Information) or Schedule I (Financial 

Information--Small Plan) about the current value of the plan's allocable 

portion of the underlying assets and liabilities of the pooled separate 

account and the net investment gain or loss relating to the units of 

participation in the pooled separate account held by the plan; 

identifying information about the pooled separate account including its 

name, employer identification number, and any other information required 

by the instructions to the Schedule D (DFE/Participating Plan 

Information); and such other information as is required in the separate 

statements and schedules of the annual report about the value of the 

plan's units of participation in the pooled separate account and 

transactions involving the acquisition and disposition by the plan of 

units of participation in the pooled separate account.



[43 FR 10140, Mar. 10, 1978, as amended at 65 FR 21081, Apr. 19, 2000]