[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: 29CFR2520.103-9]



[Page 434-435]

 

                             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.  2520.103-9  Direct filing for bank or insurance carrier trusts and 

accounts.



    (a) General. Under the authority of sections 103(b)(4), 104(a)(3), 

110 and 505 of the Act, an employee benefit plan, some or all of the 

assets of which are held in a common or collective trust or a pooled 

separate account described in section 103(b)(3)(G) of the Act and 

Sec. Sec.  2520.103-3 and 2520.103-4, is relieved from including in its 

annual report information about the current value of the plan's 

allocable portion of assets and liabilities of the common or collective 

trust or pooled separate account and information concerning the 

individual transactions of the common or collective trust or pooled 

separate account, provided that the plan meets the requirements of 

paragraph (b) of this section, and, provided further, that the bank or 

insurance carrier which holds the plan's assets meets the requirements 

of paragraph (c) of this section.

    (b) Application. A plan whose assets are held in a common or 

collective trust or a pooled separate account described in section 

103(b)(3)(G) of the Act and Sec. Sec.  2520.103-3 and 2520.103-4, 

provided the plan administrator, on or before the end of the plan year, 

provides the bank or insurance carrier which maintains the common or 

collective trust or pooled separate account with the plan number, and 

name and Employer Identification Number of the plan sponsor as will be 

reported on the plan's annual report.

    (c) Separate filing by common or collective trusts and pooled 

separate accounts. The bank or insurance carrier which maintains the 

common or collective trust or pooled separate account in which assets of 

the plan are held shall



[[Page 435]]



file, in accordance with the instructions for the form, a completed Form 

5500 ``Annual Return/Report of Employee Benefit Plan'' and any 

statements or schedules required to be attached to the form for the 

common or collective trust or pooled separate account, including 

Schedule D (DFE/Participating Plan Information) and Schedule H 

(Financial Information). See the instructions for this form. The 

information reported shall be for the fiscal year of such trust or 

account ending with or within the plan year for which the annual report 

of the plan is made.

    (d) Method of filing. The Form 5500 ``Annual Return/Report of 

Employee Benefit Plan'' may be filed electronically or through other 

media in accordance with the instructions accompanying the form, 

provided the bank or insurance company which maintains the common or 

collective trust or pooled separate account maintains an original copy, 

with all required signatures, as part of its records.



[65 FR 21082, Apr. 19, 2000]