View Rule
View EO 12866 Meetings | Printer-Friendly Version Download RIN Data in XML |
DOL/EBSA | RIN: 1210-AA52 | Publication ID: Fall 1997 |
Title: Revision of the Form 5500 Series and Implementing and Related Regulations Under the Employee Retirement Income Security Act of 1974 (ERISA) | |
Abstract: Under title I of ERISA, title IV of ERISA, and the Internal Revenue Service code, as amended, pension and other employee benefit plans are generally required to file return/reports annually concerning, among other things, the financial condition and operations of the plan. These annual reporting requirements are satisfied generally by filing the form 5500 series in accordance with its instructions and related regulations. The Department of Labor, IRS, and PBGC are undertaking a comprehensive review of the annual return/report forms in an effort to streamline the information required to be reported and the methods by which such information is filed and processed. The proposed revised form 5500 series and regulations are being developed as a result of that review. | |
Agency: Department of Labor(DOL) | Priority: Economically Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: Undetermined | Unfunded Mandates: Undetermined |
CFR Citation: Not yet determined (To search for a specific CFR, visit the Code of Federal Regulations.) | |
Legal Authority: 29 USC 1021 29 USC 1022 29 USC 1023 29 USC 1024 29 USC 1025 29 USC 1026 29 USC 1027 29 USC 1029 29 USC 1030 29 USC 1059 29 USC 1135 29 USC 1166 29 USC 1168 |
Statement of Need: This project was included in PWBA's Fall 1996 Regulatory Plan and will be included in the Fall 1997 Plan. The Form 5500 Series is the primary source of information concerning the operation, funding, assets and investments of pension and other employee benefit plans, and is both an important compliance and research tool for the Department, and a disclosure document for plan participants and beneficiaries and a source of information and data for use by other Federal agencies, Congress, and the private sector in assessing employee benefit, tax, and economic trends and policies. ^PThe Department, the IRS and the PBGC are conducting a comprehensive review of the annual return/report forms in an effort to streamline the information required to be reported and the methods by which the information is filed and processed. The proposed revised Form 5500 Series and regulations are being developed as a result of this review. |
|||||||||
Summary of the Legal Basis: Title I of ERISA, sections 101 through 105, 107, 209, and 606, impose specific reporting and disclosure obligations on administrators of employee benefit plans. Section 104(a)(3) and 110 of ERISA provide the Secretary with the authority to prescribe exemptions and alternative methods of compliance for employee welfare benefit plans and employee pension benefit plans. Section 505 provides the Secretary with general authority to prescribe regulations necessary or appropriate to carry out the provisions of title I of ERISA. |
|||||||||
Alternatives: Amendments to implementing and related regulations will be developed once determinations have been made, in conjunction with other concerned agencies, with regard to the scope and nature of the revisions to the Form 5500 Series. |
|||||||||
Anticipated Costs and Benefits: By simplifying the Form 5500 Series and creating an automated processing system for the filed reports, it is anticipated that filer costs of preparing forms, and Government processing costs, will be reduced. It is the goal of the Department to eliminate reporting requirements for information that is not needed to discharge its statutory responsibilities, while ensuring that participants and beneficiaries have access to the information they need to protect their rights and benefits under ERISA. |
|||||||||
Risks: Failure to revise the Form 5500 Series Annual Reports for Employee Benefit Plans could deprive plans, sponsors and participants and beneficiaries, as well as the Government, of the cost savings and related benefits associated with streamlining the forms and their processing. |
|||||||||
Timetable:
|
Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
Included in the Regulatory Plan: Yes | |
Agency Contact: John J. Canary Deputy Director, Office of Regulations and Interpretations Department of Labor Employee Benefits Security Administration Room N5669, 200 Constitution Avenue NW., FP Building, N5655, Washington, DC 20210 Phone:202 693-8500 |