Page:United States Statutes at Large Volume 72 Part 1.djvu/1044

 1002

PUBLIC LAW 85-836-AUG. 28, 1958

[72 S T A T.

PUBLICATION

SEC. 8. (a) Publication of the description of the plan and the latest annual report required under this Act shall be made to the participants and to the beneficiaries covered by the particular plan as follows: (1) The administrator shall make copies of such description of the plan (including all amendments or modifications thereto upon their effective date) and of the latest annual report available for examination by any participant or beneficiary in the principal office of the plan. (2) The administrator shall deliver upon written request to such participant or beneficiary a copy of the description of the plan (including all amendments or modifications thereto upon their effective date) and a summary of the latest annual report, by mailing such documents to the last known address of the participant or beneficiary making such request. (b) The administrator of any plan subject to the provisions of this Act shall file with the Secretary of Labor two copies of the description of the plan and each annual report thereon. The Secretary of Labor shall make available for examination in the public.document room of the Department of Labor copies of descriptions of plans and annual reports filed under this subsection. (c) The Secretary of Labor shall prepare forms for the descriptions of plans and the annual reports required by the provisions of this Act, and shall make such forms available to the administrators of such plans on request. ENFORCEMENT

62 Stat. 961. 62 Stat. 749.

SEC. 9. (a) Any person who willfully violates any provision of sections 5 or 8 of this Act shall be fined not more than $1,000, or imprisoned not more than six months. (b) Any administrator of a plan who fails or refuses, upon the written request of a participant or beneficiary covered by such plan, to make publication to him within thirty days of such request, in accordance with the provisions of section 8, of a description of the plan or an annual report containing the information required by sections 6 and 7, may in the court's discretion become liable to any such participant or beneficiary making such request in the amount of $50 a day from the date of such failure or refusal. (c) Action to recover such liability may be mantained in any court of competent jurisdiction by any participant or beneficiary. The court in such action may in its discretion, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action. (d) The district courts of the United States and the United States courts of the Territories and possessions shall have jurisdiction, for cause shown, and subject to the provisions of Rule 65 (relating to notice to adverse party) of the rules of civil procedure for the United States district courts, as amended (U.S.C., 1952 edition, title 28, section 2072), to restrain violations of section 8. (e) The provisions of section 1001 of title 18 of the United States Code shall be applicable to any description of a plan or any annual report which is sworn to under this Act. EFFECT o r OTHER LAWS

SEC. 10. (a) I n the case of an employee welfare or plan providing benefits to employees employed in two no person shall be required by reason of any law of to file with any State agency (other than an agency

pension benefit or more States, any such State of the State in

�