Employee benefit plan reports

Under 70.54(a), the annual financial reports (Form 5500) and their attachments/schedules may be inspected and copied by those persons who have inspection rights as authorized under ERISA.

• The section places the reports in the custody of the Employee Benefits Security Administration (EBSA) and states that the right to inspect and copy is exercised there.
• For where to go or to get more information about those ERISA-authorized rights, see the EBSA address in 70.54(b).

(See 70.54(a).)

Under 70.54(a), the covered documents are the annual financial reports (Form 5500) and the attachments and schedules filed by employee benefit plans under the Employee Retirement Income Security Act (ERISA).

• The language explicitly lists Form 5500 and its attachments/schedules as filed by ERISA plans.

(See 70.54(a).)

Under 70.54, the Form 5500 reports and their attachments are in the custody of the Employee Benefits Security Administration (EBSA).

• The standard specifies that EBSA is the custodian and that inspection and copying rights, as authorized by ERISA, may be exercised at the EBSA office identified in 70.54(b).

(See 70.54(a) and 70.54(b).)

Under 70.54(b), the mailing address for the documents and for contacting the custodian is: U.S. Department of Labor, Employee Benefits Security Administration, Public Documents Room, 200 Constitution Avenue NW., Washington, DC 20210.

• Use this address to reach the EBSA office identified in the standard for inspection or copying matters.

(See 70.54(b).)

Yes. Under 70.54(a), the right to inspect and copy the reports is available "at the fees set forth in this part," meaning Part 70 contains the applicable fee rules.

• To find the exact fee amounts and fee schedule, consult the rest of Part 70 referenced in the standard: 70.

(See 70.54(a) and 70.)

The section gives a mailing address but does not prescribe specific methods for making inspection requests; it states that the right to inspect and copy may be exercised at the EBSA office and provides the EBSA mailing address in 70.54(b).

• Because the text identifies the custodian and provides a mailing address, use that address to contact EBSA about available procedures (mail, in-person, or other) and any fees.

(See 70.54(a) and 70.54(b).)

Under 70.54(a), the rule covers annual financial reports (Form 5500) and attachments/schedules filed by employee benefit plans under the Employee Retirement Income Security Act (ERISA).

• In short, any employee benefit plan report filed under ERISA and included as a Form 5500 filing is within the scope identified by this section.

(See 70.54(a).)

Under 70.54, the Employee Benefits Security Administration (EBSA) is the custodian of the annual Form 5500 financial reports and their attachments/schedules, and the EBSA office is where inspection and copying rights authorized by ERISA may be exercised.

• The section specifically directs users to the EBSA Public Documents Room at the address given in 70.54(b).

(See 70.54(a) and 70.54(b).)

Under the document metadata, this standard is in Part 70, Subpart D, and is titled "Pension and Welfare Benefits Administration," which falls under the Part 70 heading "Production or Disclosure of Information or Materials."

• See the Part 70 index at 70 and the specific provision at 70.54.

(See 70 and 70.54.)

No. Under 70.54(a), the section makes clear that inspection and copying are available "as authorized under ERISA," which means the standard does not expand or reduce the substantive inspection rights created by ERISA itself.

• The role of 70.54 is to identify EBSA as the custodian and the location where those ERISA-authorized rights may be exercised (see 70.54(b)).

(See 70.54(a) and 70.54(b).)