Title 29, LaborRelease 119-102

§1030 Alternative Methods of Compliance

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

Last updated Aug 21, 2026|Official source

Summary

The Secretary can allow a different way to meet any rule for a pension plan or a class of pension plans, including pension-linked emergency savings features. The Secretary may do this on their own or after an administrator asks. This is allowed only if three things are true. First, the alternative fits the law’s goals and gives plan members and the Secretary enough information. Second, following the original rule would raise plan costs or create unreasonable administrative burdens for that type of plan. Third, applying the rule would harm plan participants overall. The alternative can be made by rule or another method. If it is not made by rule, the Secretary must give notice, let 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

Aug 21, 2026

Release point: 119-102