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Title 29 — LaborRelease 119-73not60

§1030 Alternative Methods of Compliance

Title 29 › Chapter 18— EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter I— PROTECTION OF EMPLOYEE BENEFIT RIGHTS › Subtitle Subtitle B— Regulatory Provisions › Part 1— reporting and disclosure › § 1030

Last updated Apr 5, 2026|Official source

Summary

The Secretary can allow a pension plan or a group of plans (including pension-linked emergency savings features) to meet a rule in a different way. They can do this on their own or after an administrator asks. They must find three things true: (1) the alternate way fits the law’s goals and gives enough information to participants and to the Secretary, (2) the rule would raise costs or create unreasonable administrative burdens for that plan type, and (3) applying the rule would hurt plan participants overall. The Secretary can create the alternative by a formal regulation or by another method. If it is not a regulation, they must give notice, let interested people comment, and publish the alternative in the Federal Register.

Full Legal Text

Title 29, §1030

Labor — Source: USLM XML via OLRC

(a)The Secretary on his own motion or after having received the petition of an administrator may prescribe an alternative method for satisfying any requirement of this part with respect to any pension plan, or class of pension plans (including pension-linked emergency savings account features within a pension plan), subject to such requirement if he determines—
(1)that the use of such alternative method is consistent with the purposes of this subchapter and that it provides adequate disclosure to the participants and beneficiaries in the plan, and adequate reporting to the Secretary,
(2)that the application of such requirement of this part would—
(A)increase the costs to the plan, or
(B)impose unreasonable administrative burdens with respect to the operation of the plan, having regard to the particular characteristics of the plan or the type of plan involved; and
(3)that the application of this part would be adverse to the interests of plan participants in the aggregate.
(b)An alternative method may be prescribed under subsection (a) by regulation or otherwise. If an alternative method is prescribed other than by regulation, the Secretary shall provide notice and an opportunity for interested persons to present their views, and shall publish in the Federal Register the provisions of such alternative method.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–328 inserted “(including pension-linked emergency savings account features within a pension plan)” after “class of pension plans” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

of 2022 AmendmentAmendment by Pub. L. 117–328 applicable to plan years beginning after Dec. 31, 2023, see section 127(g) of Pub. L. 117–328, set out as a note under section 72 of Title 26, Internal Revenue Code.

Regulations

Secretary authorized, effective Sept. 2, 1974, to promulgate

Regulations

wherever provisions of this subchapter call for the promulgation of

Regulations

, see section 1031 of this title.

Reference

Citations & Metadata

Citation

29 U.S.C. § 1030

Title 29 — Labor

Last Updated

Apr 5, 2026

Release point: 119-73not60