[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: 29CFR2520.104-23]



[Page 442-443]

 

                             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 D_Provisions Applicable to Both Reporting and Disclosure 

                              Requirements

 

Sec.  2520.104-23  Alternative method of compliance for pension plans 

for certain selected employees.



    (a) Purpose and scope. (1) This section contains an alternative 

method of compliance with the reporting and disclosure requirements of 

part 1 of title I of the Employee Retirement Income Security Act of 1974 

for unfunded or insured pension plans maintained by an employer for a 

select group of management or highly compensated employees, pursuant to 

the authority of the



[[Page 443]]



Secretary of Labor under section 110 of the Act (88 Stat. 851).

    (2) Under section 110 of the Act, the Secretary is authorized to 

prescribe an alternative method for satisfying any requirement of part 1 

of title I of the Act with respect to any pension plans, or class of 

pension plans, subject to such requirement.

    (b) Filing obligation. Under the authority of section 110 of the 

Act, an alternative form of compliance with the reporting and disclosure 

requirements of part 1 of the Act is provided for certain pension plans 

for a select group of management or highly compensated employees. The 

administrator of a pension plan described in paragraph (d) shall be 

deemed to satisfy the reporting and disclosure provisions of part 1 of 

title I of the Act by--

    (1) Filing a statement with the Secretary of Labor that includes the 

name and address of the employer, the employer identification number 

(EIN) assigned by the Internal Revenue Service, a declaration that the 

employer maintains a plan or plans primarily for the purpose of 

providing deferred compensation for a select group of management or 

highly compensated employees, and a statement of the number of such 

plans and the number of employees in each, and

    (2) Providing plan documents, if any, to the Secretary upon request 

as required by section 104(a)(6) of the Act. Only one statement need be 

filed for each employer maintaining one or more of the plans described 

in paragraph (d) of this section. For plans in existence on May 4, 1975, 

the statement shall be filed on or before August 31, 1975. For a plan to 

which part 1 of title I of the Act becomes applicable after May 4, 1975, 

the statement shall be filed within 120 days after the plan becomes 

subject to part 1.

    (c) Filing address. Statements may be filed with the Secretary of 

Labor by mailing them addressed to: Top Hat Plan Exemption, Employee 

Benefits Security Administration, Room N-1513, U.S. Department of Labor, 

200 Constitution Avenue NW., Washington, DC 20210, or by delivering it 

during normal working hours to the Employee Benefits Security 

Administration, Room N-1513, U.S. Department of Labor, 200 Constitution 

Avenue NW., Washington, DC.

    (d) Application. The alternative form of compliance described in 

paragraph (b) of this section is available only to employee pension 

benefit plans--

    (1) Which are maintained by an employer primarily for the purpose of 

providing deferred compensation for a select group of management or 

highly compensated employees, and

    (2) For which benefits (i) are paid as needed solely from the 

general assets of the employer, (ii) are provided exclusively through 

insurance contracts or policies, the premiums for which are paid 

directly by the employer from its general assets, issued by an insurance 

company or similar organization which is qualified to do business in any 

State, or (iii) both.



[40 FR 34533, Aug. 15, 1975, as amended at 54 FR 8629, Mar. 1, 1989; 67 

FR 776, Jan. 7, 2002; 68 FR 16400, Apr. 3, 2003]