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Small insured welfare plan reporting exemptions

Summary An employer asked about reporting and disclosure exemptions for three insured welfare plans, each with fewer than 100 participants. DOL concluded that the plans qualified for the exemptions in then regulation section 2520.104-20 if participant rebates were returned within three months of receipt. The answer depends on the described funding and rebate practices.
Document
Federal opinion letter
Agency
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
Document number
P/OPINION 76-121
Date issued
December 9, 1976
Status
Unknown
EBSA's index does not mark withdrawn or superseded opinions; still posted on dol.gov as of 2026-10-26.
Status last verified October 26, 2026

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The current status of this document is unclear
EBSA's index does not mark withdrawn or superseded opinions; still posted on dol.gov as of 2026-10-26. It may no longer reflect the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
About this page: The full text below is the official document from U.S. Department of Labor, Employee Benefits Security Administration (EBSA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.
P/OPINION   76-121

                                                    104(a)(3)
                     December 9, 1976
 Re: Exemption from reporting and disclosure requirements
     for welfare plans
 Dear

Thank you for your letter requesting an exemption from
certain reporting and disclosure requirements of the
Employee Retirement Income Security Act of 1974 (ERISA).
We regret the delay in responding.
You state that (named), Inc., sponsors three employee
welfare plans, all of which cover fewer than 100
participants.

Benefits are exclusively provided through insurance
policies, the premiums for which are paid partly by direct
contribution from the employer's general assets and partly
from employee contributions. Contributions of partici-
pants are forwarded by the employer within three months of
receipt. Rebates to which contributing participants are
entitled are returned to them and they are informed upon
entry into the plan of the provisions concerning the
allocation of rebates.

You request to be exempted from filing reports with the
Department of Labor, furnishing participants and
beneficiaries with a summary of the annual report, plan
description and technical report, and making available in
the principal office of the administrator a copy of the
plan description or annual report.

Based on the information you furnished us, and provided
the rebates are made to plan participants within three
months of receipt, the plans described in your letter
qualify for the exemptions listed under §2520.104-20 of
the August 15, 1975 regulations. The list contained
therein encompasses all those exemptions specifically
requested in your letter. We hope this information will
be useful to you.

 Sincerely,

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