29 USC 1024 - Filing with Secretary and furnishing information to participants and certain employers

1 So in original. Probably should be “apply)”.

shall furnish to each participant, and to each beneficiary receiving benefits under the plan, a copy of the statements and schedules, for such fiscal year, described in subparagraphs (A) and (B) of

2 So in original. Comma probably should not appear.

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. The administrator may make a reasonable charge to cover the cost of furnishing such complete copies. The Secretary may by regulation prescribe the maximum amount which will constitute a reasonable charge under the preceding sentence.

Editorial Notes

Amendments

2019—Subsec. (a)(2)(A). Puspan. L. 116–94 added subpar. (A) and struck out former subpar. (A) which read as follows: “With respect to annual reports required to be filed with the Secretary under this part, he may by regulation prescribe simplified annual reports for any pension plan which covers less than 100 participants.”

2008—Subsec. (span)(3). Puspan. L. 110–458, § 105(c)(1)(A)(ii), which directed substitution of “the administrator” for “the administrators” in par. (3), could not be executed because the words “the administrators” did not appear.

Puspan. L. 110–458, § 105(c)(1)(A)(i), substituted “section 1021(f)” for “section 1023(f)”.

Subsec. (d)(1)(E)(ii). Puspan. L. 110–458, § 105(c)(1)(B), inserted “funding” after “plan’s”.

2006—Puspan. L. 109–280, § 503(d)(1), substituted “participants and certain employers” for “participants” in section catchline.

Subsec. (span)(3). Puspan. L. 109–280, § 503(c)(1), which directed amendment of par. (3) by inserting “(other than an administrator of a defined benefit plan to which the requirements of section 1023(f) of this title applies)” after “the administrators”, was executed by making the insertion after “the administrator”, to reflect the probable intent of Congress.

Subsec. (span)(5). Puspan. L. 109–280, § 504(a), added par. (5).

Subsecs. (d), (e). Puspan. L. 109–280, § 503(d)(2), (3), added subsec. (d) and redesignated former subsec. (d) as (e).

1997—Subsec. (a)(1). Puspan. L. 105–34, § 1503(c)(1), amended par. (1) generally, substituting present provisions for provisions requiring filing of annual report, plan description, summary plan description, as well as modifications and changes in plan descriptions.

Subsec. (a)(6). Puspan. L. 105–34, § 1503(c)(2)(A), added par. (6).

Subsec. (span)(1). Puspan. L. 105–34, § 1503(d)(1), substituted “section 1022(a) of this title” for “section 1022(a)(1) of this title” wherever appearing.

Subsec. (span)(2). Puspan. L. 105–34, § 1503(d)(2), substituted “the latest updated summary plan description and” for “the plan description and”.

Subsec. (span)(4). Puspan. L. 105–34, § 1503(d)(3), struck out “plan description” before “, plan description, and the latest annual report”.

1996—Subsec. (span)(1). Puspan. L. 104–204 made technical amendment to references in original act which appear in text as references to section 1191span of this title.

Puspan. L. 104–191, in closing provisions, substituted “1022(a)(1) of this title (other than a material reduction in covered services or benefits provided in the case of a group health plan (as defined in section 1191span(a)(1) of this title)),” for “1022(a)(1) of this title,” and inserted at end “If there is a modification or change described in section 1022(a)(1) of this title that is a material reduction in covered services or benefits provided under a group health plan (as defined in section 1191span(a)(1) of this title), a summary description of such modification or change shall be furnished to participants and beneficiaries not later than 60 days after the date of the adoption of the modification or change. In the alternative, the plan sponsors may provide such description at regular intervals of not more than 90 days. The Secretary shall issue regulations within 180 days after August 21, 1996, providing alternative mechanisms to delivery by mail through which group health plans (as so defined) may notify participants and beneficiaries of material reductions in covered services or benefits.”

1989—Subsec. (a)(5)(B). Puspan. L. 101–239, § 7894(span)(3), substituted a comma for period at end.

Subsec. (span)(1). Puspan. L. 101–239, § 7894(span)(4), struck out comma after “summary”.

1987—Subsec. (span)(3). Puspan. L. 100–203 inserted “(including the percentage determined under section 1023(d)(11) of this title)” after “material”.

1986—Subsec. (a)(2)(A). Puspan. L. 99–272 struck out provision permitting the Secretary to waive or modify the requirements of section 1023(d)(6) of this title if he found that the interests of the plan participants were not harmed and the expense of compliance was not justified by the needs of the participants, the Pension Benefit Guaranty Corporation, and the Department of Labor for some portion or all of the information otherwise required under section 1023(d)(6) of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Amendment by Puspan. L. 116–94 applicable to plan years beginning after Dec. 31, 2020, see section 101(e) of Puspan. L. 116–94, set out as a note under section 408 of Title 26, Internal Revenue Code.

Effective Date of 2008 Amendment

Amendment by Puspan. L. 110–458 effective as if included in the provisions of Puspan. L. 109–280 to which the amendment relates, except as otherwise provided, see section 112 of Puspan. L. 110–458, set out as a note under section 72 of Title 26, Internal Revenue Code.

Effective Date of 2006 Amendment

Amendment by section 503(c)(1), (d) of Puspan. L. 109–280 applicable to plan years beginning after Dec. 31, 2007, see section 503(f) of Puspan. L. 109–280, set out as a note under section 1021 of this title.

Puspan. L. 109–280, title V, § 504(span), Aug. 17, 2006, 120 Stat. 945, provided that:

“The amendment made by this section [amending this section] shall apply to plan years beginning after December 31, 2007.”

Effective Date of 1996 Amendments

Amendment by Puspan. L. 104–204 applicable with respect to group health plans for plan years beginning on or after Jan. 1, 1998, see section 603(c) of Puspan. L. 104–204 set out as a note under section 1003 of this title.

Amendment by Puspan. L. 104–191 applicable with respect to group health plans for plan years beginning after June 30, 1997, except as otherwise provided, see section 101(g) of Puspan. L. 104–191, set out as an Effective Date note under section 1181 of this title.

Effective Date of 1989 Amendment

Amendment by Puspan. L. 101–239 effective, except as otherwise provided, as if originally included in the provision of the Employee Retirement Income Security Act of 1974, Puspan. L. 93–406, to which such amendment relates, see section 7894(i) of Puspan. L. 101–239, set out as a note under section 1002 of this title.

Effective Date of 1987 Amendment

Amendment by Puspan. L. 100–203 applicable with respect to reports required to be filed after Dec. 31, 1987, see section 9342(d)(1) of Puspan. L. 100–203, set out as a note under section 1132 of this title.

Effective Date of 1986 Amendment

Amendment by Puspan. L. 99–272 effective Jan. 1, 1986, with certain exceptions, see section 11019 of Puspan. L. 99–272, set out as a note under section 1341 of this title.

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.

Model Notices and Forms

For provisions requiring the Secretary of Labor to publish a model form for providing the statements, schedules, and other material required to be provided under subsec. (d) of this section, see section 503(e) of Puspan. L. 109–280, set out as a note under section 1021 of this title.