[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: 29CFR2520.104b-30]



[Page 466]

 

                             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 F_Disclosure Requirements

 

Sec.  2520.104b-30  Charges for documents.



    (a) Application. The plan administrator of an employee benefit plan 

may impose a reasonable charge to cover the cost of furnishing to 

participants and beneficiaries upon their written request as required 

under section 104(b)(4) of the Act, copies of the following information, 

statements or documents: The latest updated summary plan description, 

and the latest annual report, any terminal report, the bargaining 

agreement, trust agreement, contract, or other instruments under which 

the plan is established or operated. No charge may be assessed for 

furnishing information, statements or documents as required by other 

provisions of the Act, which include, in part 1 of title I, sections 

104(b)(1), (2), (3) and (c) and 105(a) and (c).

    (b) Reasonableness. The charge assessed by the plan administrator to 

cover the costs of furnishing documents is reasonable if it is equal to 

the actual cost per page to the plan for the least expensive means of 

acceptable reproduction, but in no event may such charge exceed 25 cents 

per page. For example, if a plan printed a large number of pamphlets at 

$1.00 per 50-page pamphlet, the actual cost of reproduction for the 

entire pamphlet ($1.00) would be equal to 2 cents per page. If only one 

page of such a pamphlet were requested, the actual cost of providing 

that page from the printed copy would be $1.00, since the copy would no 

longer be complete. In such a case, the least expensive means of 

acceptable reproduction would be individually reproducing the page 

requested at a charge of no more than 25 cents. On the other hand, if 

six pages of the same plan document were requested and each page cost 20 

cents to be reproduced, the actual cost of providing those pages would 

be $1.20. In such a case, if a printed copy is available, the least 

expensive means of acceptable reproduction would be to use pages from 

the printed copy at a charge of no more than $1.00. No other charge for 

furnishing documents, such as handling or postage charges, will be 

deemed reasonable. The plan administrator shall provide information to a 

plan participant or beneficiary, upon request, about the charge that 

would be made to provide a copy of material described in this paragraph.



[41 FR 16964, Apr. 23, 1976, as amended at 41 FR 37575, Sept. 7, 1976]