Section 1022(a)(1) of this title, referred to in subsec. (a)(1), was redesignated section 1022(a) of this title by Pub. L. 105–34, title XV, § 1503(b)(1)(B),
Section 1085(i) of this title, referred to in subsec. (f)(2)(B)(i)(II) and (ii)(II), was redesignated section 1085(j) of this title by Pub. L. 113–235, div. O, title I, § 109(a)(3),
The MAP–21, referred to in subsecs. (f)(2)(D)(i)(I) and (II), also known as the Moving Ahead for Progress in the 21st Century Act, is Pub. L. 112–141,
The Highway and Transportation Funding Act of 2014, referred to in subsec. (f)(2)(D)(i)(I) and (II), is Pub. L. 113–159,
The Bipartisan Budget Act of 2015, referred to in subsec. (f)(2)(D)(i)(I) and (II), is Pub. L. 114–74,
The American Rescue Plan Act of 2021, referred to in subsec. (f)(2)(D)(i)(I) and (II), is Pub. L. 117–2,
The Infrastructure Investment and Jobs Act, referred to in subsec. (f)(2)(D)(i)(I) and (II), is Pub. L. 117–58,
The Cooperative and Small Employer Charity Pension Flexibility Act, referred to in subsec. (f)(2)(E)(ii), is Pub. L. 113–97,
The content of paragraph (1)(B) of subsec. (k) (relating to financial reports), referred to in subsec. (k)(2), was moved to subsec. (k)(1)(H) as a result of the general amendment of subsec. (k)(1) by Pub. L. 113–235, § 111(a). See 2014 Amendment note below.
2022—Subsec. (e)(3). Pub. L. 117–328, § 606(b)(1), substituted “(as in effect on
Subsec. (f)(2)(B)(i)(I). Pub. L. 117–328, § 343(a)(1), substituted “percentage of plan liabilities funded (as described in clause (ii)(I)(bb))” for “funding target attainment percentage (as defined in section 1083(d)(2) of this title)”.
Subsec. (f)(2)(B)(ii)(I). Pub. L. 117–328, § 343(a)(2)(A), struck out “, a statement of” after “single-employer plan” in introductory provisions.
Subsec. (f)(2)(B)(ii)(I)(aa). Pub. L. 117–328, § 343(a)(2)(B)–(D), redesignated item (bb) as (aa), inserted “a statement of” before “the value” and “, and for the preceding 2 plan years as of the last day of each such plan year,” before “determined using”, struck out “and” at end, and struck out former item (aa) which read as follows: “the total assets (separately stating the prefunding balance and the funding standard carryover balance) and liabilities of the plan, determined in the same manner as under section 1083 of this title, for the plan year to which the notice relates and for the 2 preceding plan years, as reported in the annual report for each such plan year, and”.
Subsec. (f)(2)(B)(ii)(I)(bb), (cc). Pub. L. 117–328, § 343(a)(2)(E), added items (bb) and (cc). Former item (bb) redesignated (aa).
Subsec. (f)(2)(B)(ii)(II). Pub. L. 117–328, § 343(a)(3), substituted “subclause (I)(aa)” for “subclause (I)(bb)”.
Subsec. (f)(2)(B)(iii). Pub. L. 117–328, § 343(a)(4), inserted “for the plan year to which the notice relates as of the last day of such plan year and the preceding 2 plan years, in tabular format,” after “participants” in introductory provisions.
Subsec. (f)(2)(B)(iv). Pub. L. 117–328, § 343(a)(5), substituted “plan, the asset” for “plan and the asset” and inserted “, and the average return on assets for the plan year,” after “assets)”.
Subsec. (f)(2)(B)(ix). Pub. L. 117–328, § 343(a)(7), added cl. (ix). Former cl. (ix) redesignated (x).
Subsec. (f)(2)(B)(x). Pub. L. 117–328, § 343(a)(8), substituted “apply and a statement that, in the case of a single-employer plan—” for “apply,” and added subcls. (I) and (II).
Pub. L. 117–328, § 343(a)(6), redesignated cl. (ix) as (x). Former cl. (x) redesignated (xi).
Subsec. (f)(2)(B)(xi), (xii). Pub. L. 117–328, § 343(a)(6), redesignated cls. (x) and (xi) as (xi) and (xii), respectively.
Subsecs. (n), (o). Pub. L. 117–328, § 127(c)(2), added subsec. (n) and redesignated former subsec. (n) as (o).
2021—Subsec. (f)(2)(D)(i)(I), (II). Pub. L. 117–58, § 80602(b)(2)(A)(i), substituted “, the American Rescue Plan Act of 2021, and the Infrastructure Investment and Jobs Act” for “and the American Rescue Plan Act of 2021”.
Pub. L. 117–2, § 9706(b)(3)(A)(i), substituted “, the Bipartisan Budget Act of 2015, and the American Rescue Plan Act of 2021” for “and the Bipartisan Budget Act of 2015”.
Subsec. (f)(2)(D)(ii). Pub. L. 117–58, § 80602(b)(2)(A)(ii), substituted “2034” for “2029” in introductory provisions.
Pub. L. 117–2, § 9706(b)(3)(A)(ii), substituted “2029” for “2023” in introductory provisions.
2015—Subsec. (e)(3). Pub. L. 114–41 substituted “
Subsec. (f)(2)(D)(i)(I), (II). Pub. L. 114–74, § 504(b)(2)(A)(i), substituted “, the Highway and Transportation Funding Act of 2014, and the Bipartisan Budget Act of 2015” for “and the Highway and Transportation Funding Act of 2014”.
Subsec. (f)(2)(D)(ii). Pub. L. 114–74, § 504(b)(2)(A)(ii), substituted “2023” for “2020” in introductory provisions.
2014—Subsec. (d)(2). Pub. L. 113–97, § 104(b)(1), substituted “section 1083 or 1085a of this title” for “section 1083 of this title”.
Subsec. (d)(3). Pub. L. 113–97, § 104(b)(2), substituted “section 1083(j) or 1085a(f) of this title, whichever is applicable” for “section 1083(j) of this title”.
Subsec. (f)(2)(B)(vi) to (xi). Pub. L. 113–235, § 201(a)(4), added cl. (vi) and redesignated former cls. (vi) to (x) as (vii) to (xi), respectively.
Subsec. (f)(2)(D)(i)(I), (II). Pub. L. 113–159, § 2003(b)(2)(A)(i), inserted “and the Highway and Transportation Funding Act of 2014” after “MAP-21”.
Subsec. (f)(2)(D)(ii). Pub. L. 113–159, § 2003(b)(2)(A)(ii), substituted “2020” for “2015” in introductory provisions.
Subsec. (f)(2)(E). Pub. L. 113–97, § 104(a)(1), added subpar. (E).
Subsec. (k)(1). Pub. L. 113–235, § 111(a), amended par. (1) generally. Prior to amendment, par. (1) related to requirement to provide multiemployer plan information.
Subsec. (k)(3). Pub. L. 113–235, § 111(b), substituted “In no case shall a participant, beneficiary, employee representative, or employer be entitled under this subsection to receive more than one copy of any document described in paragraph (1) during any one 12-month period, or, in the case of any document described in subparagraph (E), (F), (G), (H) or (I) of paragraph (1), a copy of any such document that as of the date on which the request is received by the administrator, has been in the administrator’s possession for 6 years or more. If the administrator provides a copy of a document described in paragraph (1) to any person upon request, the administrator shall be considered as having met any obligation the administrator may have under any other provision of this subchapter to furnish a copy of the same document to such person upon request.” for “In no case shall a participant, beneficiary, or employer be entitled under this subsection to receive more than one copy of any report or application described in paragraph (1) during any one 12-month period.”
2012—Subsec. (e)(1). Pub. L. 112–141, § 40242(e)(14), inserted “or applicable life insurance account” after “health benefits account” and “or applicable life insurance benefit liabilities” after “health benefits liabilities”.
Subsec. (e)(2)(A). Pub. L. 112–141, § 40242(e)(14)(A), inserted “or applicable life insurance account” after “health benefits account”.
Subsec. (e)(3). Pub. L. 112–141, § 40241(b)(1), substituted “
Subsec. (f)(2)(D). Pub. L. 112–141, § 40211(b)(2)(A), added subpar. (D).
2010—Subsec. (g). Pub. L. 111–148, § 6606(2), inserted “to register with the Secretary prior to operating in a State and may, by regulation, require such multiple employer welfare arrangements” after “not group health plans”.
Pub. L. 111–148, § 6606(1), which directed substitution of “Secretary shall” for “Secretary may”, was executed by making the substitution the first place appearing, to reflect the probable intent of Congress.
2008—Subsec. (f)(2)(B)(ii)(I)(aa). Pub. L. 110–458, § 105(a)(1), substituted “to which the notice relates” for “for which the latest annual report filed under section 1024(a) of this title was filed”.
Subsec. (f)(2)(B)(ii)(II). Pub. L. 110–458, § 105(a)(2), added subcl. (II) and struck out former subcl. (II) which read as follows: “in the case of a multiemployer plan, a statement of the value of the plan’s assets and liabilities for the plan year to which the notice relates as the last day of such plan year and the preceding 2 plan years,”.
Subsec. (i)(8)(B). Pub. L. 110–458, § 105(g), amended subpar. (B) generally. Prior to amendment, text read as follows: “For purposes of subparagraph (A), the term ‘one-participant retirement plan’ means a retirement plan that—
“(i) on the first day of the plan year—
“(I) covered only one individual (or the individual and the individual’s spouse) and the individual (or the individual and the individual’s spouse) owned 100 percent of the plan sponsor (whether or not incorporated), or
“(II) covered only one or more partners (or partners and their spouses) in the plan sponsor, and
“(ii) does not cover a business that leases employees.”
Subsec. (j). Pub. L. 110–458, § 101(c)(1)(A), substituted “section 1056(g)(4)(A)” for “section 1056(g)(4)(B)” in par. (2) and inserted “The Secretary of the Treasury, in consultation with the Secretary, shall have the authority to prescribe rules applicable to the notices required under this subsection.” in concluding provisions.
Subsec. (k)(2). Pub. L. 110–458, § 105(b)(1), inserted concluding provisions.
2006—Subsec. (a)(2). Pub. L. 109–280, § 503(c)(2), inserted “subsection (f) and” after “described in”.
Subsec. (d)(3). Pub. L. 109–280, § 108(a)(1), formerly § 107(a)(1), as renumbered by Pub. L. 111–192, substituted “1083(j)” for “1082(e)”.
Subsec. (e)(3). Pub. L. 109–280, § 108(a)(11), formerly § 107(a)(11), as renumbered by Pub. L. 111–192, substituted “
Subsec. (f). Pub. L. 109–280, § 501(a), amended heading and text of subsec. (f) generally, substituting provisions relating to defined benefit plan funding notices for provisions relating to multiemployer defined benefit plan funding notices.
Subsec. (i)(8)(B). Pub. L. 109–280, § 509(a), added cl. (i), redesignated cl. (v) as (ii), and struck out former cls. (i) to (iv) which read as follows:
“(i) on the first day of the plan year—
“(I) covered only the employer (and the employer’s spouse) and the employer owned the entire business (whether or not incorporated), or
“(II) covered only one or more partners (and their spouses) in a business partnership (including partners in an S or C corporation (as defined in section 1361(a) of title 26)),
“(ii) meets the minimum coverage requirements of section 410(b) of title 26 (as in effect on
“(iii) does not provide benefits to anyone except the employer (and the employer’s spouse) or the partners (and their spouses),
“(iv) does not cover a business that is a member of an affiliated service group, a controlled group of corporations, or a group of businesses under common control, and”.
Subsec. (j). Pub. L. 109–280, § 103(b)(1)(B), added subsec. (j). Former subsec. (j) redesignated (k).
Subsec. (k). Pub. L. 109–280, § 502(a)(1)(B), added subsec. (k). Former subsec. (k) redesignated (l).
Pub. L. 109–280, § 103(b)(1)(A), redesignated subsec. (j) as (k).
Subsec. (l). Pub. L. 109–280, § 502(b)(1)(B), added subsec. (l). Former subsec. (l) redesignated (m).
Pub. L. 109–280, § 502(a)(1)(A), redesignated subsec. (k) as (l).
Subsec. (m). Pub. L. 109–280, § 507(a), added subsec. (m). Former subsec. (m) redesignated (n).
Pub. L. 109–280, § 502(b)(1)(A), redesignated subsec. (l) as (m).
Subsec. (n). Pub. L. 109–280, § 507(a), redesignated subsec. (m) as (n).
2004—Subsec. (e)(3). Pub. L. 108–357 substituted “
Pub. L. 108–218, § 204(b)(1), substituted “
Subsec. (f). Pub. L. 108–218, § 103(a), added subsec. (f).
2002—Subsecs. (h) to (j). Pub. L. 107–204 added subsec. (i) and redesignated subsec. (h) relating to cross reference as (j).
1999—Subsec. (e)(3). Pub. L. 106–170 substituted “
1998—Subsec. (f). Pub. L. 105–200 struck out subsec. (f) relating to information necessary to comply with Medicare and Medicaid Coverage Data Bank requirements.
1997—Subsec. (b). Pub. L. 105–34 redesignated pars. (4) and (5) as (1) and (2), respectively, and struck out former pars. (1) to (3), which read as follows:
“(1) the summary plan description described in section 1022(a)(1) of this title;
“(2) a plan description containing the matter required in section 1022(b) of this title;
“(3) modifications and changes referred to in section 1022(a)(2) of this title;”.
1996—Subsec. (g). Pub. L. 104–204 made technical amendment to reference in original act which appears in text as reference to section 1191b of this title.
Pub. L. 104–191, § 101(e)(1)(B), added subsec. (g). Former subsec. (g) redesignated (h).
Pub. L. 104–188 added subsec. (g). Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 104–191, § 101(e)(1)(A), redesignated subsec. (g), relating to simple retirement accounts, as (h).
Pub. L. 104–188, § 1421(d)(1), redesignated subsec. (g), relating to cross references, as (h).
1994—Subsec. (e)(3). Pub. L. 103–465 substituted “1995” for “1991”.
1993—Subsecs. (f), (g). Pub. L. 103–66 added subsec. (f) and redesignated former subsec. (f) as (g).
1990—Subsecs. (e), (f). Pub. L. 101–508 added subsec. (e) and redesignated former subsec. (e) as (f).
1989—Subsec. (a)(2). Pub. L. 101–239, § 7894(b)(2), substituted “sections” for “section”.
Subsec. (d)(1). Pub. L. 101–239, § 7881(b)(5)(A), substituted “an employer maintaining a plan” for “an employer of a plan”.
1987—Subsecs. (d), (e). Pub. L. 100–203 added subsec. (d) and redesignated former subsec. (d) as (e).
Amendment by section 127(c)(2) of Pub. L. 117–328 applicable to plan years beginning after
Pub. L. 117–328, div. T, title III, § 343(b),
Amendment by section 606(b)(1) of Pub. L. 117–328 applicable to transfers made after
Amendment by Pub. L. 117–58 applicable to plan years beginning after
Amendment by Pub. L. 117–2 applicable with respect to plan years beginning after
Amendment by Pub. L. 114–74 applicable with respect to plan years beginning after
Pub. L. 113–235, div. O, title I, § 111(e),
Amendment by Pub. L. 113–159 applicable with respect to plan years beginning after
Amendment by Pub. L. 113–97 applicable to years beginning after
Amendment by section 40211(b)(2)(A) of Pub. L. 112–141 applicable with respect to plan years beginning after
Amendment by section 40242(e)(14) of Pub. L. 112–141 applicable to transfers made after
Amendment by Pub. L. 110–458 effective as if included in the provisions of Pub. L. 109–280 to which the amendment relates, except as otherwise provided, see section 112 of Pub. L. 110–458, set out as a note under section 72 of Title 26, Internal Revenue Code.
Pub. L. 109–280, title I, § 103(c),
Pub. L. 109–280, title I, § 108(e), formerly § 107(e),
Pub. L. 109–280, title V, § 501(d),
Amendment by section 502(a)(1), (b)(1) of Pub. L. 109–280 applicable to plan years beginning after
Pub. L. 109–280, title V, § 503(f),
Pub. L. 109–280, title V, § 507(d),
Pub. L. 109–280, title V, § 509(b),
Pub. L. 108–218, title I, § 103(d),
Amendment by Pub. L. 107–204 effective 180 days after
Amendment by Pub. L. 106–170 applicable to qualified transfers occurring after
Pub. L. 105–200, title IV, § 401(h)(1)(B),
Amendment by Pub. L. 104–204 applicable with respect to group health plans for plan years beginning on or after
Amendment of Pub. L. 104–191 applicable with respect to group health plans for plan years beginning after
Amendment by Pub. L. 104–188 applicable to taxable years beginning after
Pub. L. 103–66, title IV, § 4301(d),
Pub. L. 101–508, title XII, § 12012(e),
Amendment by section 7881(b)(5)(A) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Pension Protection Act, Pub. L. 100–203, §§ 9302–9346, to which such amendment relates, see section 7882 of Pub. L. 101–239, set out as a note under section 401 of Title 26, Internal Revenue Code.
Amendment by section 7894(b)(2) of Pub. L. 101–239 effective, except as otherwise provided, as if originally included in the provision of the Employee Retirement Income Security Act of 1974, Pub. L. 93–406, to which such amendment relates, see section 7894(i) of Pub. L. 101–239, set out as a note under section 1002 of this title.
Pub. L. 100–203, title IX, § 9304(d),
Pub. L. 109–280, title V, § 502(a)(3),
Pub. L. 108–218, title I, § 103(c),
Secretary authorized, effective
For special rules on applicability of amendments by subtitles A (§§ 101–108) and B (§§ 111–116) of title I of Pub. L. 109–280 to certain eligible cooperative plans, PBGC settlement plans, and eligible government contractor plans, see sections 104, 105, and 106 of Pub. L. 109–280, set out as notes under section 401 of Title 26, Internal Revenue Code.
Pub. L. 117–58, div. H, title VI, § 80602(b)(2)(B),
Pub. L. 117–2, title IX, § 9706(b)(3)(B),
Pub. L. 114–74, title V, § 504(b)(2)(B),
Pub. L. 113–159, title II, § 2003(b)(2)(B),
Pub. L. 113–97, title I, § 104(a)(2),
Pub. L. 112–141, div. D, title II, § 40211(b)(2)(B),
Pub. L. 109–280, title V, § 501(c),
Pub. L. 109–280, title V, § 503(e),
Pub. L. 109–280, title V, § 507(c),
For provisions directing that if any amendment made by section 306(b) of Pub. L. 107–204 requires an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after
For provisions directing that if any amendments made by subtitle D [§§ 1401–1465] of title I of Pub. L. 104–188 require an amendment to any plan or annuity contract, such amendment shall not be required to be made before the first day of the first plan year beginning on or after