(a) Application. The plan administrator of an employee benefit plan
may impose a reasonable charge to cover the cost of furnishing to
participants and beneficiaries upon their written request as required
under section 104(b)(4) of the Act, copies of the following information,
statements or documents: The latest updated summary plan description,
and the latest annual report, any terminal report, the bargaining
agreement, trust agreement, contract, or other instruments under which
the plan is established or operated. No charge may be assessed for
furnishing information, statements or documents as required by other
provisions of the Act, which include, in part 1 of title I, sections
104(b)(1), (2), (3) and (c) and 105(a) and (c).
(b) Reasonableness. The charge assessed by the plan administrator to
cover the costs of furnishing documents is reasonable if it is equal to
the actual cost per page to the plan for the least expensive means of
acceptable reproduction, but in no event may such charge exceed 25 cents
per page. For example, if a plan printed a large number of pamphlets at
$1.00 per 50-page pamphlet, the actual cost of reproduction for the
entire pamphlet ($1.00) would be equal to 2 cents per page. If only one
page of such apamphlet were requested, the actual cost of providing that
page from the printed copy would be $1.00, since the copy would no
longer be complete. In such a case, the least expensive means of
acceptable reproduction would be individually reproducing the page
requested at a charge of no more than 25 cents. On the other hand, if
six pages of the same plan document were requested and each page cost 20
cents to be reproduced, the actual cost of providing those pages would
be $1.20. In such a case, if a printed copy is available, the least
expensive means of acceptable reproduction would be to use pages from
the printed copy at a charge of no more
[[Page 443]]
than $1.00. No other charge for furnishing documents, such as handling
or postage charges, will be deemed rea sonable. The plan administrator
shall provide information to a plan participant or beneficiary, upon
request, about the charge that would be made to provide a copy of
material described in this paragraph.
[41 FR 16964, Apr. 23, 1976, as amended at 41 FR 37575, Sept. 7, 1976]
