C.F.R. » Title 29 » CHAPTER XXV—EMPLOYEE BENEFITS SECURITY ADMINISTRATION, DEPARTMENT OF LABOR › SUBCHAPTER C—REPORTING AND DISCLOSURE UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 › PART 2520—RULES AND REGULATIONS FOR REPORTING AND DISCLOSURE

29 C.F.R. § 2520.104-41

Simplified annual reporting requirements for plans with fewer than 100 participants

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(a) General. (1) Under the authority of section 104(a)(2)(A), the Secretary of Labor may prescribe simplified annual reporting for employee pension benefit plans with fewer than 100 participants.

(2) Under the authority of section 104(a)(3), the Secretary of Labor may provide a limited exemption for any employee welfare benefit plan with respect to certain annual reporting requirements.

(b) Application. The administrator of an employee pension or welfare benefit plan which covers fewer than 100 participants at the beginning of the plan year and the administrator of an employee pension or welfare benefit plan described in § 2520.103-1(d) may file the simplified annual report described in paragraph (c) of this section in lieu of the annual report described in § 2520.103-1(b).

(c) Contents. The administrator of an employee pension or welfare benefit plan described in paragraph (b) of this section shall file, in the manner described in § 2520.104a-5, a completed Form 5500 “Annual Return/Report of Employee Benefit Plan” including, if applicable, the information described in § 2520.103-1(f) or, to the extent eligible, a completed Form 5500-SF “Short Form Annual Return/Report of Small Employee Benefit Plan,” and any required schedules or statements prescribed by the instructions to the applicable form, and, unless waived by § 2520.104-44 or § 2520.104-46, a report of an independent qualified public accountant meeting the requirements of § 2520.103-1(b).

[43 FR 10150, Mar. 10, 1978, as amended at 45 FR 51446, Aug. 1, 1980; 54 FR 8629, Mar. 1, 1989; 65 FR 21084, Apr. 19, 2000; 65 FR 62973, Oct. 19, 2000; 78 FR 13796, Mar. 1, 2013]
Notes of Decisions
Cited in 2 cases, 1994–1999 · leading case: Warzecha v. Nutmeg Companies, Inc., 48 F. Supp. 2d 151 (D. Conn. 1999).
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Warzecha v. Nutmeg Companies, Inc., 48 F. Supp. 2d 151 (D. Conn. 1999). · cites it 2× “29 C.F.R. § 2520.104-41 (b), (c). The regulations further provide that if a plan is eligible for filing a Form 5500-R, the plan administrator is not required to comply with the requirement of engaging an independent qualified public accountant.”
United States v. Volpe, 863 F. Supp. 1120 (N.D. Cal. 1994). “, 29 C.F.R. § 2520.104-41 ). Without knowing the characteristics of WET and the number of participants in each plan, each plan’s reporting requirements cannot be determined.”
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