[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: 29CFR2520.104a-8]



[Page 453]

 

                             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 E_Reporting Requirements

 

Sec.  2520.104a-8  Requirement to furnish documents to the Secretary of 

Labor on request.



    (a) In general. (1) Under section 104(a)(6) of the Act, the 

administrator of an employee benefit plan subject to the provisions of 

part 1 of title I of the Act is required to furnish to the Secretary, 

upon request, any documents relating to the employee benefit plan. For 

purposes of section 104(a)(6) of the Act, the administrator of an 

employee benefit plan shall furnish to the Secretary, upon service of a 

written request, a copy of:

    (i) The latest updated summary plan description (including any 

summaries of material modifications to the plan or changes in the 

information required to be included in the summary plan description); 

and

    (ii) Any other document described in section 104(b)(4) of the Act 

with respect to which a participant or beneficiary has requested, in 

writing, a copy from the plan administrator and which the administrator 

has failed or refused to furnish to the participant or beneficiary.

    (2) Multiple requests for document(s). Multiple requests under this 

section for the same or similar document or documents shall be 

considered separate requests for purposes of Sec.  2560.502c-6(a).

    (b) For purposes of this section, a participant or beneficiary will 

include any individual who is:

    (1) A participant or beneficiary within the meaning of ERISA 

sections 3(7) and 3(8), respectively;

    (2) An alternate payee under a qualified domestic relations order 

(see ERISA section 206(d)(3)(K)) or prospective alternate payee 

(spouses, former spouses, children or other dependents);

    (3) A qualified beneficiary under COBRA (see ERISA section 607(3)) 

or prospective qualified beneficiary (spouse or dependent child);

    (4) An alternate recipient under a qualified medical child support 

order (see ERISA section 609(a)(2)(C)) or a prospective alternate 

recipient; or

    (5) A representative of any of the foregoing.

    (c) Service of request. Requests under this section shall be served 

in accordance with Sec.  2560.502c-6(i).

    (d) Furnishing documents. A document shall be deemed to be furnished 

to the Secretary on the date the document is received by the Department 

of Labor at the address specified in the request; or, if a document is 

delivered by certified mail, the date on which the document is mailed to 

the Department of Labor at the address specified in the request.



[67 FR 784, Jan. 7, 2002]