Page:United States Statutes at Large Volume 120.djvu/971

 120 STAT. 940

Deadline. Regulations.

29 USC 1021 note.

29 USC 1021.

VerDate 14-DEC-2004

10:20 Jul 12, 2007

PUBLIC LAW 109–280—AUG. 17, 2006

or beneficiary, employee representative, or any employer that has an obligation to contribute to the plan— ‘‘(A) a copy of any periodic actuarial report (including any sensitivity testing) received by the plan for any plan year which has been in the plan’s possession for at least 30 days, ‘‘(B) a copy of any quarterly, semi-annual, or annual financial report prepared for the plan by any plan investment manager or advisor or other fiduciary which has been in the plan’s possession for at least 30 days, and ‘‘(C) a copy of any application filed with the Secretary of the Treasury requesting an extension under section 304 of this Act or section 431(d) of the Internal Revenue Code of 1986 and the determination of such Secretary pursuant to such application. ‘‘(2) COMPLIANCE.—Information required to be provided under paragraph (1)— ‘‘(A) shall be provided to the requesting participant, beneficiary, or employer within 30 days after the request in a form and manner prescribed in regulations of the Secretary, ‘‘(B) may be provided in written, electronic, or other appropriate form to the extent such form is reasonably accessible to persons to whom the information is required to be provided, and ‘‘(C) shall not— ‘‘(i) include any individually identifiable information regarding any plan participant, beneficiary, employee, fiduciary, or contributing employer, or ‘‘(ii) reveal any proprietary information regarding the plan, any contributing employer, or entity providing services to the plan. ‘‘(3) LIMITATIONS.—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. The administrator may make a reasonable charge to cover copying, mailing, and other costs of furnishing copies of information pursuant to paragraph (1). The Secretary may by regulations prescribe the maximum amount which will constitute a reasonable charge under the preceding sentence.’’. (2) ENFORCEMENT.—Section 502(c)(4) of such Act (29 U.S.C. 1132(c)(4)) is amended by striking ‘‘section 101(j)’’ and inserting ‘‘subsection (j) or (k) of section 101’’. (3) REGULATIONS.—The Secretary shall prescribe regulations under section 101(k)(2) of the Employee Retirement Income Security Act of 1974 (as added by paragraph (1)) not later than 1 year after the date of the enactment of this Act. (b) NOTICE OF POTENTIAL WITHDRAWAL LIABILITY TO MULTIEMPLOYER PLANS.— (1) IN GENERAL.—Section 101 of such Act (as amended by subsection (a)) is amended— (A) by redesignating subsection (l) as subsection (m); and (B) by inserting after subsection (k) the following new subsection: ‘‘(l) NOTICE OF POTENTIAL WITHDRAWAL LIABILITY.—

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