Page:United States Statutes at Large Volume 111 Part 1.djvu/1086

 Ill STAT. 1062 PUBLIC LAW 105-34—AUG. 5, 1997 (c) FURNISHING OF REPORTS.— (1) IN GENERAL.— Section 104(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(a)(1)) is amended to read as follows: "SEC. 104. (a)(1) The administrator of any employee benefit plan subject to this part shall file with the Secretary the annual report for a plan year within 210 days after the close of such year (or within such time as may be required by regulations promul- Public gated by the Secretary in order to reduce duplicative filing). The information. Secretary shall make copies of such annual reports available for inspection in the public document room of the Department of Labor.". (2) SECRETARY MAY REQUEST DOCUMENTS. — (A) IN GENERAL. —Section 104(a) of such Act (29 U.S.C. 1024(a)) is amended by adding at the end the following: "(6) The administrator of any employee benefit plan subject to this part shall furnish to the Secretary, upon request, any documents relating to the employee benefit plan, including but not limited to, the latest summary plan description (including any summaries of plan changes not contained in the summary plan description), and the bsirgaining agreement, trust agreement, contract, or other instrument under which the plan is established or operated.". (B) PENALTY. —Section 502(c) of such Act (29 U.S.C. 1132(c)) is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following: "(6) If, within 30 days of a request by the Secretary to a plan administrator for documents under section 104(a)(6), the plan administrator fails to furnish the material requested to the Secretsiry, the Secretary may assess a civil pensdty against the plan administrator of up to $100 a day from the date of such failure (but in no event in excess of $1,000 per request). No penalty shall be imposed under this paragraph for any failure resulting from matters reasonably beyond the control of the plan administrator.". (d) CONFORMING AMENDMENTS.— (1) Section 104(b)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(b)(1)) is amended by striking "section 102(a)(1)" each place it appears and inserting "section 102(a)". (2) Section 104(b)(2) of such Act (29 U.S.C. 1024(b)(2)) is amended by striking "the plan description and" and inserting "the latest updated summary plan description and". (3) Section 104(b)(4) of such Act (29 U.S.C. 1024(b)(4)) is amended by striking "plan description". (4) Section 106(a) of such Act (29 U.S.C. 1026(a)) is amended by striking "descriptions,". (5) Section 107 of such Act (29 U.S.C. 1027) is amended by striking "description or". (6) Section 108(2)(B) of such Act (29 U.S.C. 1028(2)(B)) is amended by striking "plan descriptions, annual reports," and inserting "annual reports". (7) Section 502(a)(6) of such Act (29 U.S.C. 1132(a)(6)) is amended by striking "or (5)" and inserting "(5), or (6)".

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