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Title 29 — Labor

Chapter 18 — Employee Retirement Income Security Program

§ 1365. Annual report of plan administrator

Statutory text

For each plan year for which section 1321 of this title applies to a plan, the plan administrator shall file with the corporation, on a form prescribed by the corporation, an annual report which identifies the plan and plan administrator and which includes—

(1)

a copy of each notification required under section 1363 of this title with respect to such year,

(2)

a statement disclosing whether any reportable event (described in section 1343(b) 1 of this title) occurred during the plan year except to the extent the corporation waives such requirement, and

(3)

in the case of a multiemployer plan, information with respect to such plan which the corporation determines is necessary for the enforcement of subtitle E and requires by regulation, which may include—

(A)

a statement certified by the plan’s enrolled actuary of—

(i)

the value of all vested benefits under the plan as of the end of the plan year, and

(ii)

the value of the plan’s assets as of the end of the plan year;

(B)

a statement certified by the plan sponsor of each claim for outstanding withdrawal liability (within the meaning of section 1301(a)(12) of this title) and its value as of the end of that plan year and as of the end of the preceding plan year; and

(C)

the number of employers having an obligation to contribute to the plan and the number of employers required to make withdrawal liability payments.

The report shall be filed within 6 months after the close of the plan year to which it relates. The corporation shall cooperate with the Secretary of the Treasury and the Secretary of Labor in an endeavor to coordinate the timing and content, and possibly obtain the combination, of reports under this section with reports required to be made by plan administrators to such Secretaries.

Footnotes

  1. 1 See References in Text note below.

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 § 4065 · 88 Stat. 829

    Enacted · 29 U.S.C. § 1365

    Pub. L. 93–406, title IV, § 4065, Sept. 2, 1974, 88 Stat. 1032

    Source evidence

    Code source credit
    Pub. L. 93–406, title IV, § 4065, Sept. 2, 1974, 88 Stat. 1032

    Enacted provision · exact public law section
    Sec. 4065. annual report of plan administrator For each plan year for which section 4021 applies to a 29 USC 1365. plan, the plan administrator shall file with the corporation, on a form prescribed by the corporation, an annual report which identifies the plan and plan administrator and which includes— (1) a copy of each notification required under section 4063 with respect to such year, and (2) a statement disclosing whether any reportable event (described in section 4043(b)) occurred during the plan year. The report shall be filed within 6 months after the close of the plan year to which it relates. The corporation shall cooperate with the Secretary of the Treasury and the Secretary of Labor in an endeavor to coordinate the timing and content, and possibly obtain the combination, of reports under this section with reports required to be made by plan administrators to such Secretaries.

  2. Multiemployer Pension Plan Amendments Act of 1980

    Pub. L. 96–364 title I § 106 · 94 Stat. 1208

    1. Inserted · 29 U.S.C. § 1365

      Pub. L. 96–364 inserted provisions in par. (2) respecting waiver by corporation

    2. Added · 29 U.S.C. § 1365

      Pub. L. 96–364 added par. (3)

    Source evidence

    Code amendment note
    Pub. L. 96–364 inserted provisions in par. (2) respecting waiver by corporation and added par. (3).

    Enacted provision · exact public law section
    SEC. 106. ANNUAL REPORT OF PLAN ADMINISTRATOR. 29 USC 1365. Section 4065 is amended— (1) in paragraph (1), by striking out “and”; (2) in paragraph (2), by striking out the period and inserting in lieu thereof “except to the extent the corporation waives such requirement, and”; and (3) by adding after paragraph (2) the following new paragraph: “(3) in the case of a multiemployer plan, information with respect to such plan which the corporation determines is neces-sary for the enforcement of subtitle E and requires by regulation, Ante, p. 1217. which may include— “(A) a statement certified by the plan’s enrolled actuary of— “(i) the value of all vested benefits under the plan as of the end of the plan year, and “(ii) the value of the plan’s assets as of the end of the plan year; “(B) a statement certified by the plan sponsor of each claim for outstanding withdrawal liability (within the meaning of section 4001(a)(12)) and its value as of the end of that Post, p. 1296. plan year and as of the end of the preceding plan year; and “(C) the number of employers having an obligation to contribute to the plan and the number of employers required to make withdrawal liability payments.”.

    Effective date note
    Amendment by Pub. L. 96–364 effective Sept. 26, 1980, except as specifically provided, see section 1461(e) of this title.

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 1343(b) of this title, referred to in par. (2), was redesignated section 1343(c) of this title and a new section 1343(b) was added by Pub. L. 103–465, title VII, § 771(b), , 108 Stat. 5042.

Amendments

1980—Pub. L. 96–364 inserted provisions in par. (2) respecting waiver by corporation and added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–364 effective , except as specifically provided, see section 1461(e) of this title.

Credits

1974–1980 · 2 acts
  1. 1974Pub. L. 93–406, title IV, § 4065, , 88 Stat. 1032
  2. 1980Pub. L. 96–364, title I, § 106, , 94 Stat. 1266.
Show as published

(Pub. L. 93–406, title IV, § 4065, , 88 Stat. 1032; Pub. L. 96–364, title I, § 106, , 94 Stat. 1266.)

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