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Title 29 — Labor

Chapter 18 — Employee Retirement Income Security Program

§ 1308. Annual report by the corporation

Statutory text

(a)

As soon as practicable after the close of each fiscal year the corporation shall transmit to the President and the Congress a report relative to the conduct of its business under this subchapter for that fiscal year. The report shall include financial statements setting forth the finances of the corporation at the end of such fiscal year and the result of its operations (including the source and application of its funds) for the fiscal year and shall include an actuarial evaluation of the expected operations and status of the funds established under section 1305 of this title for the next five years (including a detailed statement of the actuarial assumptions and methods used in making such evaluation).

(b)

The report under subsection (a) shall include—

(1)

a summary of the Pension Insurance Modeling System microsimulation model, including the specific simulation parameters, specific initial values, temporal parameters, and policy parameters used to calculate the financial statements for the corporation;

(2)

a comparison of—

(A)

the average return on investments earned with respect to assets invested by the corporation for the year to which the report relates; and

(B)

an amount equal to 60 percent of the average return on investment for such year in the Standard & Poor’s 500 Index, plus 40 percent of the average return on investment for such year in the Lehman Aggregate Bond Index (or in a similar fixed income index); and

(3)

a statement regarding the deficit or surplus for such year that the corporation would have had if the corporation had earned the return described in paragraph (2)(B) with respect to assets invested by the corporation.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Employee Retirement Income Security Act of 1974

    Pub. L. 93–406 title IV § 4008 · 88 Stat. 829

    Enacted · 29 U.S.C. § 1308

    Pub. L. 93–406, title IV, § 4008, Sept. 2, 1974, 88 Stat. 1014

    Source evidence

    Code source credit
    Pub. L. 93–406, title IV, § 4008, Sept. 2, 1974, 88 Stat. 1014

    Enacted provision · exact public law section
    Sec. 4008. report by the corporation As soon as practicable after the close of each fiscal year 29 USC 1308. the corporation shall transmit to the President and the Congress a report relative to the conduct of its business under this title for that fiscal year. The report shall include financial statements setting forth the finances of the corporation at the end of such fiscal year and the result of its operations (including the source and application of its funds) for the fiscal year and shall include an actuarial evaluation of the expected operations and status of the funds established under section 4005 for the next five years (including a detailed statement of the actuarial assumptions and methods used in making such evaluation).

  2. Pub. L. 109–280 title IV § 412 · 120 Stat. 780

    1. Amended · 29 U.S.C. § 1308

      Pub. L. 109–280 designated existing provisions as subsec. (a)

    2. Added · 29 U.S.C. § 1308

      Pub. L. 109–280 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 109–280 designated existing provisions as subsec. (a) and added subsec. (b).

    Enacted provision · exact public law section
    SEC. 412. INCLUSION OF INFORMATION IN THE PBGC ANNUAL REPORT.   Section 4008 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1308) is amended by— (1) striking “As soon as practicable” and inserting “(a) As soon as practicable”; and (2) adding at the end the following: “(b) The report under subsection (a) shall include— “(1) a summary of the Pension Insurance Modeling System microsimulation model, including the specific simulation parameters, specific initial values, temporal parameters, and policy parameters used to calculate the financial statements for the corporation; “(2) a comparison of— “(A) the average return on investments earned with respect to assets invested by the corporation for the year to which the report relates; and “(B) an amount equal to 60 percent of the average return on investment for such year in the Standard & Poor’s 500 Index, plus 40 percent of the average return on investment for such year in the Lehman Aggregate Bond Index (or in a similar fixed income index); and “(3) a statement regarding the deficit or surplus for such year that the corporation would have had if the corporation had earned the return described in paragraph (2)(B) with respect to assets invested by the corporation.” .

3 of 3 references resolved to an enrolled provision

Editorial Notes

Amendments

2006—Pub. L. 109–280 designated existing provisions as subsec. (a) and added subsec. (b).

Credits

1974–2006 · 2 acts
  1. 1974Pub. L. 93–406, title IV, § 4008, , 88 Stat. 1014
  2. 2006Pub. L. 109–280, title IV, § 412, , 120 Stat. 936.
Show as published

(Pub. L. 93–406, title IV, § 4008, , 88 Stat. 1014; Pub. L. 109–280, title IV, § 412, , 120 Stat. 936.)

Parsed from the official OLRC USLM XML in data/usc_all/usc29.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t29/s1308