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DOL/EBSA RIN: 1210-AA52 Publication ID: Spring 2000 
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 Code, as amended, pension and other employee benefit plans are generally required to file returns/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 have undertaken 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. 
Agency: Department of Labor(DOL)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 29 CFR 2520   
Legal Authority: 29 USC 1021    29 USC 1059    29 USC 1135    29 USC 1166    29 USC 1168    29 USC 1022    29 USC 1023    29 USC 1024    29 USC 1025    29 USC 1026    29 USC 1027    29 USC 1029    29 USC 1030   
Legal Deadline:  None

Statement of Need: 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 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.

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. Sections 104(a)(2), 104(a)(3) and 110 of ERISA provide the Secretary with the authority to prescribe simplified reports, 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 the annual report regulations implementing the revisions to the Form 5500 Series are in development.

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. These measures will eliminate reporting requirements for information that is not needed for the discharge of the Department's 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, participants and beneficiaries, as well as the Government, of the cost savings and related benefits associated with streamlining the forms and their processing.

Timetable:
Action Date FR Cite
Proposed Forms Revisions  09/03/1997  62 FR 46556   
Proposed Forms Comment Period End  11/03/1997    
NPRM Implementing Related Regulations  12/10/1998  63 FR 68370   
NPRM Comment Period End  02/08/1999    
Final Action Forms  02/02/2000  65 FR 5026   
Final Action Implementing Related Regulations  04/00/2000    
Additional Information: Public hearing held November 17, 1997. Hearing comment period ended 12/03/97.
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses, Organizations  Federalism: No 
Included in the Regulatory Plan: Yes 
Agency Contact:
Eric A. Raps
Pension Law Specialist
Department of Labor
Employee Benefits Security Administration
Room N5669, 200 Constitution Avenue NW, FP Building,
Washington, DC 20210
Phone:202 693-8500