(a) General. Under the authority of sections 103(b)(3)(G),
103(b)(4), 104(a)(2)(B), 104(a)(3), 110 and 505 of the Act, a plan whose
assets are held in whole or in part in a common or collective trust
maintained by a bank, trust company, or similar institution which meets
the requirements of paragraph (b) of this section shall include as part
of the annual report required to be filed under Sec. Sec. 2520.104a-5
or 2520.104a-6 the information described in paragraph (c) of this
section. Such plan is not required to include in its annual report
information concerning the individual transactions of the common or
collective trust. This exemption has no application to assets not held
in such trusts.
(b) Application. This provision applies only to a plan some or all
of the assets of which are held in a common or collective trust
maintained by a bank, trust company, or similar institution regulated
and supervised and subject to periodic examination by a State or Federal
agency. For purposes of this section,
(1) A common or collective trust is a trust which consists of the
assets of two or more participating entities and is maintained for the
collective investment and reinvestment of assets contributed thereto,
and
(2) Plans maintained by a single employer or by the members of a
controlled group of corporations, as defined in section 1563(a) of the
Internal Revenue Code of 1954, shall be deemed to be a single
participating entity.
(c) Contents. (1) A plan which meets the requirements of paragraph
(b) of this section, and which invests in a common or collective trust
that files a Form 5500 report in accordance with Sec. 2520.103-9, shall
include in its annual report: information required by the instructions
to Schedule H (Financial Information) or Schedule I (Financial
Information--Small Plan) about the current value of and net investment
gain or loss relating to the units of participation in the common or
collective trust held by the plan; identifying information about the
common or collective trust including its name, employer identification
number, and any other information required by the instructions to the
Schedule D (DFE/Participating Plan Information); and such other
information as is required in the separate statements and schedules of
the annual report about the value of the plan's units of participation
in the common or collective trust and transactions involving the
acquisition and disposition by the plan of units of participation in the
common or collective trust.
[[Page 405]]
(2) A plan which meets the requirements of paragraph (b) of this
section, and which invests in a common or collective trust that does not
file a Form 5500 report in accordance with Sec. 2520.103-9, shall
include in its annual report: information required by the instructions
to Schedule H (Financial Information) or Schedule I (Financial
Information--Small Plan) about the current value of the plan's allocable
portion of the underlying assets and liabilities of the common or
collective trust and the net investment gain or loss relating to the
units of participation in the common or collective trust held by the
plan; identifying information about the common or collective trust
including its name, employer identification number, and any other
information required by the instructions to the Schedule D (DFE/
Participating Plan Information); and such other information as is
required in the separate statements and schedules of the annual report
about the value of the plan's units of participation in the common or
collective trust and transactions involving the acquisition and
disposition by the plan of units of participation in the common or
collective trust.
[43 FR 10140, Mar. 10, 1978, as amended at 65 FR 21081, Apr. 19, 2000] 
