29 CFR §2520.104b-10
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Obligation to furnish. Except as otherwise provided in paragraph (g) of this section, the administrator of any employee benefit plan shall furnish annually to each participant of such plan and to each beneficiary receiving benefits under such plan (other than beneficiaries under a welfare plan) a summary annual report conforming to the requirements of this section. Such furnishing of the summary annual report shall take place in accordance with the requirements of § 2520.104b-1 of this part.
- (b)[Reserved]
- (c)When to furnish. Except as otherwise provided in this paragraph (c), the summary annual report required by paragraph (a) of this section shall be furnished within nine months after the close of the plan year.
- (1)In the case of a welfare plan described in § 2520.104-43 of this part, such furnishing shall take place within 9 months after the close of the fiscal year of the trust or other entity which files the annual report under § 2520.104a-6 of this part.
- (2)When an extension of time in which to file an annual report has been granted by the Internal Revenue Service, such furnishing shall take place within 2 months after the close of the period for which the extension was granted.
- (d)Contents, style and format. Except as otherwise provided in this paragraph (d), the summary annual report furnished to participants and beneficiaries of an employee pension benefit plan pursuant to this section shall consist of a completed copy of the form prescribed in paragraph (d)(3) of this section, and the summary annual report furnished to participants and beneficiaries of an employee welfare benefit plan pursuant to this section shall consist of a completed copy of the form prescribed in paragraph (d)(4) of this section. The information used to complete the form shall be based upon information contained in the most recent annual report of the plan which is required to be filed in accordance with section 104(a)(1) of the Act.
- (1)Any portion of the forms set forth in this paragraph (d) which is not applicable to the plan to which the summary annual report relates, or which would require information which is not required to be reported on the annual report of that plan, may be omitted.
- (2)Where the plan administrator determines that additional explanation of any information furnished pursuant to this paragraph (d) is necessary to fairly summarize the annual report, such explanation shall be set forth following the completed form required by this paragraph (d) and shall be headed, “Additional Explanation.”
- (3)Form for Summary Annual Report Relating to Pension Plans.
- (4)Form for Summary Annual Report Relating to Welfare Plans.
- (e)Foreign languages. In the case of either—
- (1)A plan which covers fewer than 100 participants at the beginning of a plan year in which 25 percent or more of all plan participants are literate only in the same non-English language; or
- (2)A plan which covers 100 or more participants in which 500 or more participants or 10 percent or more of all plan participants, whichever is less, are literate only in the same non-English language—
- (f)Furnishing of additional documents to participants and beneficiaries. A plan administrator shall promptly comply with any request by a participant or beneficiary for additional documents made in accordance with the procedures or rights described in paragraph (d) of this section.
- (g)Exemptions. Notwithstanding the provisions of this section, a summary annual report is not required to be furnished with respect to the following:
- (1)A totally unfunded welfare plan described in 29 CFR 2520.104-44(b)(1)(i);
- (2)A welfare plan which meets the requirements of 29 CFR 2520.104-20(b);
- (3)An apprenticeship or other training plan which meets the requirements of 29 CFR 2520.104-22;
- (4)A pension plan for selected employees which meets the requirements of 29 CFR 2520.104-23;
- (5)A welfare plan for selected employees which meets the requirements of 29 CFR 2520.104-24;
- (6)A day care center referred to in 29 CFR 2520.104-25;
- (7)A dues financed welfare plan which meets the requirements of 29 CFR 2520.104-26;
- (8)A dues financed pension plan which meets the requirements of 29 CFR 2520.104-27; and
- (9)A plan to which title IV of the Act applies.