[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: 29CFR2520.104-4]



[Page 439]

 

                             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.  2520.104-4  Alternative method of compliance for certain successor 

pension plans.



    (a) General. Under the authority of section 110 of the Act, this 

section sets forth an alternative method of compliance for certain 

successor pension plans in which some participants and beneficiaries not 

only have their rights set out in the plan, but also retain eligibility 

for certain benefits under the terms of a former plan which has been 

merged into the successor. This section is applicable only to plan 

mergers which occur after the issuance by the successor plan of the 

initial summary plan description under the Act. Under the alternative 

method, the plan administrator of the successor plan is not required to 

describe relevant provisions of merged plans in summary plan 

descriptions of the successor plan furnished after the merger to that 

class of participants and beneficiaries still affected by the terms of 

the merged plans.

    (b) Scope and application. This alternative method of compliance is 

available only if:

    (1) The plan administrator of the successor plan furnishes to the 

participants covered under the predecessor plan and beneficiaries 

receiving pension benefits under the merged plan within 90 days after 

the effective date of the merger:

    (i) A copy of the most recent summary plan description of the 

successor plan;

    (ii) A copy of any summaries of material modifications to the 

successor plan not incorporated in the most recent summary plan 

description; and

    (iii) A separate statement containing a brief description of the 

merger, a description of the provisions of, and benefits provided by, 

the merged and successor plans which are applicable to the participants 

and beneficiaries of the merged plan; and a notice that copies of the 

merged and successor plan documents, as well as the plan merger 

documents (including the portions of any corporate merger documents 

which describe or control the plan merger), are available for inspection 

and that copies may be obtained upon written request for a duplication 

charge (pursuant to Sec.  2520.104b-30); and

    (2) After the merger, the plan administrator, in all subsequent 

summary plan descriptions furnished pursuant to Sec.  2520.104b-2(a)--

    (i) Clearly and conspicuously identifies the class of participants 

and beneficiaries affected by the provisions of the merged plan, and

    (ii) States that the documents described in paragraph (b)(1) of this 

section are available for inspection and that copies may be obtained 

upon written request for a duplication charge (pursuant to Sec.  

2520.104b-30).



[42 FR 37182, July 19, 1977, as amended at 67 FR 776, Jan. 7, 2002]