Summary plan descriptions

(a) Summary plan descriptions. A plan administrator will be deemed to satisfy the requirements of section 104(b)(1) of the Act and 2520.104b-2(a) to furnish a copy of the initial summary plan description to a retired participant, a beneficiary receiving benefits, or a separated participant with vested benefits (vested separated participant) if, no earlier than the date stated in paragraph (a)(4) of this section, (1) In the case of a retired participant or a beneficiary receiving benefits, a document is furnished which (i) Meets the requirements of 2520.102-2 and 2520.102-3 except paragraphs (b)(3), (b)(4), (j), (k), (l), (n), (o) and (p); (ii) Contains a statement that the benefit payment presently being received by the retired participant or beneficiary receiving benefits will continue in the same amount and for the period provided in the mode of settlement selected at retirement, and will not be changed except as described in paragraph (a)(1)(iii) of this section; and (iii) Contains a statement describing any plan provision under which the present benefit payment may be reduced, changed, terminated, forfeited or suspended; (2) In the case of a vested separated participant, a document is furnished which (i) Meets the requirements of 2520.102-2 and 2520.102-3 except paragraphs (b)(3), (b)(4), (j), (l), (n), (o), (p) and (r); (ii) (A) If at or after separation, a separated vested participant was furnished a statement of the dollar amount of the vested benefit or the method of computation of the benefit, includes a statement that the dollar amount of the vested benefit was previously furnished and that a copy of the previously furnished statement of the dollar amount of such vested benefit or method of computation of the benefit may be obtained from the plan upon request; (B) If the vested separated participant was not furnished a statement of the dollar amount of the vested benefit or the method of computation of the benefit, the plan furnishes either a statement of the dollar amount of the vested benefit, or a statement of the formula used to determine the dollar amount of the vested benefit; (iii) Includes a statement of the form in which the benefits will be paid and duration of the payment period or a description of the optional modes of payment available under the plan; and (iv) Includes a statement describing any plan provision under which a benefit may be reduced, changed, terminated, forfeited or suspended; or (3) (i) Such retired participant, vested separated participant, or beneficiary receiving benefits was furnished with a copy of a document which (A) Satisfies the requirements of section 102(a)(1) of the Act and 2520.102-2 (relating to the style and format of the summary plan description) and 2520.102-3 (relating to the content of the summary plan description); (B) Describes the rights and obligations under the plan of such retired participant, vested separated participant, or beneficiary receiving benefits as of the date stated in subparagraph (4); (ii) In the case of a person who retired, became a beneficiary, or separated with vested benefits before November 16, 1977, a document will be deemed to comply with the requirements of paragraph (a)(2)(i) of this section if the document omitted only information described in one or more of the provisions of 2520.102-3 listed below, provided that a supplement containing such information, which meets the requirements of 2520.102-2, is furnished to the retired participant, vested separated participant, or beneficiary receiving benefits by November 16, 1977. (A) Employer identification number (EIN), as required by 2520.102-3(c); (B) Type of administration, as required by 2520.102-3(e); (C) Name of agent for service of legal process, as required by 2520.102-3(g); (D) Names and addresses of trustees, as required by 2520.102-3(h); (E) Statement regarding plan termination insurance as required by 2520.102-3(m); (F) Date of the end of the fiscal year, as required by 2520.102-3(r); or (G) Statement of ERISA rights, as required by 2520.102-3(t). (4) For purposes of this paragraph the dates are: For a vested separated participant, the date of separation; for a beneficiary, the date on which payment of benefits commences; and for a retired participant, the date of retirement.

Source

29 CFR § 2520.104b-4


Scoping language

None
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