Page:United States Statutes at Large Volume 120.djvu/978

 PUBLIC LAW 109–280—AUG. 17, 2006

120 STAT. 947

‘‘(ii) CONFIDENTIALITY.— ‘‘(I) IN GENERAL.—The plan administrator shall not provide information under clause (i) in a form that includes any information that may directly or indirectly be associated with, or otherwise identify, an individual participant or beneficiary. ‘‘(II) LIMITATION.—A court may limit disclosure under this subparagraph of confidential information described in section 552(b) of title 5, United States Code, to any authorized representative of the participants or beneficiaries that agrees to ensure the confidentiality of such information. ‘‘(iii) FORM AND MANNER OF INFORMATION; CHARGES.— ‘‘(I) FORM AND MANNER.—The corporation may prescribe the form and manner of the provision of information under this subparagraph, which shall include delivery in written, electronic, or other appropriate form to the extent that such form is reasonably accessible to individuals to whom the information is required to be provided. ‘‘(II) REASONABLE CHARGES.—A plan administrator may charge a reasonable fee for any information provided under this subparagraph in other than electronic form. ‘‘(iv) AUTHORIZED REPRESENTATIVE.—For purposes of this subparagraph, the term ‘authorized representative’ means any employee organization representing participants in the pension plan.’’. (2) CONFORMING AMENDMENT.—Section 4041(c)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1341(c)(1)) is amended in subparagraph (C) by striking ‘‘subparagraph (B)’’ and inserting ‘‘subparagraphs (B) and (D)’’. (b) INVOLUNTARY TERMINATIONS.— (1) IN GENERAL.—Section 4042(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1342(c)) is amended by— (A) striking ‘‘(c) If the’’ and inserting ‘‘(c)(1) If the’’; (B) redesignating paragraph (3) as paragraph (2); and (C) adding at the end the following: ‘‘(3) DISCLOSURE OF TERMINATION INFORMATION.— ‘‘(A) IN GENERAL.— ‘‘(i) INFORMATION FROM PLAN SPONSOR OR ADMINISTRATOR.—A plan sponsor or plan administrator of a single-employer plan that has received a notice from the corporation of a determination that the plan should be terminated under this section shall provide to an affected party any information provided to the corporation in connection with the plan termination. ‘‘(ii) INFORMATION FROM CORPORATION.—The corporation shall provide a copy of the administrative record, including the trusteeship decision record of a termination of a plan described under clause (i).

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