Page:United States Statutes at Large Volume 120.djvu/975

 120 STAT. 944

Deadline.

VerDate 14-DEC-2004

10:20 Jul 12, 2007

PUBLIC LAW 109–280—AUG. 17, 2006

(2) CONFORMING AMENDMENT.—Section 101(a)(2) of such Act (29 U.S.C. 1021(a)(2)) is amended by inserting ‘‘subsection (f) and’’ before ‘‘sections 104(b)(3) and 105(a) and (c)’’. (d) FURNISHING SUMMARY PLAN INFORMATION TO EMPLOYERS AND EMPLOYEE REPRESENTATIVES OF MULTIEMPLOYER PLANS.—Section 104 of such Act (29 U.S.C. 1024) is amended— (1) in the header, by striking ‘‘PARTICIPANTS’’ and inserting ‘‘PARTICIPANTS AND CERTAIN EMPLOYERS’’; (2) by redesignating subsection (d) as subsection (e); and (3) by inserting after subsection (c) the following: ‘‘(d) FURNISHING SUMMARY PLAN INFORMATION TO EMPLOYERS AND EMPLOYEE REPRESENTATIVES OF MULTIEMPLOYER PLANS.— ‘‘(1) IN GENERAL.—With respect to a multiemployer plan subject to this section, within 30 days after the due date under subsection (a)(1) for the filing of the annual report for the fiscal year of the plan, the administrators shall furnish to each employee organization and to each employer with an obligation to contribute to the plan a report that contains— ‘‘(A) a description of the contribution schedules and benefit formulas under the plan, and any modification to such schedules and formulas, during such plan year; ‘‘(B) the number of employers obligated to contribute to the plan; ‘‘(C) a list of the employers that contributed more than 5 percent of the total contributions to the plan during such plan year; ‘‘(D) the number of participants under the plan on whose behalf no contributions were made by an employer as an employer of the participant for such plan year and for each of the 2 preceding plan years; ‘‘(E) whether the plan was in critical or endangered status under section 305 for such plan year and, if so, include— ‘‘(i) a list of the actions taken by the plan to improve its funding status; and ‘‘(ii) a statement describing how a person may obtain a copy of the plan’s improvement or rehabilitation plan, as applicable, adopted under section 305 and the actuarial and financial data that demonstrate any action taken by the plan toward fiscal improvement; ‘‘(F) the number of employers that withdrew from the plan during the preceding plan year and the aggregate amount of withdrawal liability assessed, or estimated to be assessed, against such withdrawn employers, as reported on the annual report for the plan year to which the report under this subsection relates; ‘‘(G) in the case of a multiemployer plan that has merged with another plan or to which assets and liabilities have been transferred, the actuarial valuation of the assets and liabilities of each affected plan during the year preceding the effective date of the merger or transfer, based upon the most recent data available as of the day before the first day of the plan year, or other valuation method performed under standards and procedures as the Secretary may prescribe by regulation; ‘‘(H) a description as to whether the plan—

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