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Content Last Revised: 04/19/2000
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

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Title 29  

Labor

 

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Chapter XXV  

Pension and Welfare Benefits Administration, Department of Labor

 

 

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Part 2520  

Rules and Regulations for Reporting and Disclosure

 

 

 

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Subpart C  

Annual Report Requirements


29 CFR 2520.103-11 - Assets held for investment purposes.

  • Section Number: 2520.103-11
  • Section Name: Assets held for investment purposes.

     (a) General. For purposes of preparing the schedule of assets held 
for investment purposes described in Sec. 2520.103-10(b)(1) and (2), 
assets held for investment purposes include those assets described in 
paragraph (b) of this section.
    (b) Definitions. (1) Assets held for investment purposes shall 
include:
    (i) Any investment asset held by the plan on the last day of the 
plan year; and
    (ii) Any investment asset which was purchased at any time during the 
plan year and was sold at any time before the last day of the plan year, 
except as provided by paragraphs (b)(2) and (b)(3) of this section.
    (2) Assets held for investment purposes shall not include any 
investment which was not held by the plan on the last day of the plan 
year for which the annual report is filed if that investment falls 
within any of the following categories:
    (i) Debt obligations of the United States or any agency of the 
United States;
    (ii) Interests issued by a company registered under the Investment 
Company Act of 1940;
    (iii) Bank certificates of deposit with a maturity of not more than 
one year;
    (iv) Commerical paper with a maturity of not more than nine months 
if it is ranked in the highest rating category by at least two 
nationally recognized statistical rating services and is issued by a 
company required to file reports with the Securities and Exchange 
Commission under section 13 of the Securities Exchange Act of 1934;
    (v) Participations in a bank common or collective trust;
    (vi) Participations in an insurance company pooled separate account;
    (vii) Securities purchased from a person registered as a broker-
dealer under the Securities Exchange Act of 1934 and listed on a 
national securities exchange registered under section 6 of the 
Securities Exchange Act of 1934 or quoted on NASDAQ;
    (3) Assets held for investment purposes shall not include any 
investment which was not held by the plan on the last day of the plan 
year for which the annual report is filed if that investment is reported 
on the annual report of that same plan in any of the following:
    (i) The schedule of each transaction involving a person known to be 
a party in interest required by section 103(b)(3)(D) of the Act and 
Sec. 2520.103-10(b)(3);
    (ii) The schedule of loans or fixed income obligations in default 
required by section 103(b)(3)(E) of the Act and Sec. 2520.103-10(b)(4);
    (iii) The schedule of leases in default or classified as 
uncollectible required by section 103(b)(3)(F) of the Act and Sec. 
2520.103-10(b)(5); or
    (iv) The schedule of reportable transactions required by section 
103(b)(3)(H) of the Act and Sec. 2520.103-10(b)(6).
    (c) Examples. (1) On February 1, 1977, plan N purchases an interest 
in registered investment company F (fund F). Fund F is not a party in 
interest with respect to plan N. On November 1,

[[Page 414]]

1977, plan N sells this interest in fund F and purchases 1,000 shares of 
stock S, which the plan holds for the rest of the plan year. Plan N must 
include in its schedule of assets held for investment purposes the 1,000 
shares of stock S under paragraph (b)(1) of this section, but need not 
include the interest in fund F because of paragraph (b)(2)(ii) of this 
section.
    (2) On February 1, 1977, plan N purchases a parcel of real estate 
from Mr. M, who is not a party in interest with respect to plan N. On 
November 1, 1977, plan N sells the parcel of real estate for cash to Mr. 
X, who is not a party in interest with respect to plan N. Plan N uses 
the cash from this transaction to purchase a 1-year certificate of 
deposit in bank B, which it holds until maturity in 1978. Plan N must 
include in its schedule of assets held for investment purposes the 1-
year certificate of deposit in bank B under paragraph (b)(1)(i) of this 
section, and must also include the parcel of real estate under paragraph 
(b)(1)(ii) of this section.
    (d) Special rule for certain participant-directed transactions. Cost 
information may be omitted from the schedule of assets held for 
investment purposes for assets described in paragraphs (b)(1)(i) and 
(b)(1)(ii) of this section only with respect to participant or 
beneficiary directed transactions under an individual account plan. For 
purposes of this section only, a transaction will be considered directed 
by a participant or beneficiary if it has been authorized by such 
participant or beneficiary.

[43 FR 10140, Mar. 10, 1978, as amended at 65 FR 21083, Apr. 19, 2000]
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