Page:United States Statutes at Large Volume 88 Part 1.djvu/910

 866

PUBLIC LAW 93-406-SEPT. 2, 1974

[88 STAT.

Secretary, to each employee who is a participant under the plan and Avho— (A) requests such report, in such manner and at such time as may be provided in such regulations, (B) terminates his service with the employer, or (C) has a 1-year break in service (as defined in section 203 (b)(3)(A)). The employer shall furnish to the plan administrator the information necessary for the administrator to make the reports required by the preceding sentence. Not more than one report shall be required under subparagraph (A) in any 12-month period. Not more than one report shall be required under subparagraph (C) with respect to consecutive 1-year breaks in service. The report required under this paragraph shall be sufficient to inform the employee of his accrued benefits under the plan and the percentage of such benefits which are nonforfeitable under the plan. (2) If more than one employer adopts a plan, each such employer shall, in accordance with regulations prescribed by the Secretary, furnish to the plan administrator the information necessary for the administrator to maintain the records and make the reports required by paragraph (1). Such administrator shall maintain the records and, to the extent provided under regulations prescribed by the Secretary, make the reports, required by paragraph (1). Noncompliance, ^j^^ j£ g^j^y persou who is required, under subsection (a), to furnish information or maintain records for any plan year fails to comply with such requirement, he shall pay to the Secretary a civil penalty of $10 for each employee with respect to whom such failure occurs, unless it is shown that such failure is due to reasonable cause. P L A N S M A I N T A I N E D BY MORE T H A N O N E EMPLOYER, PREDECESSOR P L A N S, AND EMPLOYER GROUPS

29 USC 1060.

use 1563.

gj,^^ 210. (a) Notwithstanding any other provision of this part or part 3, the following provisions of this subsection shall apply to a plan maintained by more than one employer: (1) Section 202 shall be applied as if all employees of each of the employers were employed by a single employer. (2) Sections 203 and 204 shall be applied as if all such employers constituted a single employer, except that the application of any rules with respect to breaks in service shall be made under regulations prescribed by the Secretary. (3) The minimum funding standard provided by section 302 shall be determined as if all participants in the plan were employed by a single employer. (b) For purposes of this part and part 3— (1) in any case in which the employer maintains a plan of a predecessor employer, service for such predecessor shall be treated as service for the employer, and (2) in any case in which the employer maintains a plan which is not the plan maintained by a predecessor employer, service for such predecessor shall, to the extent provided in regulations prescribed by the Secretary of the Treasury, be treated as service for the employer. (c) For purposes of sections 202, 203, and 204, all employees of all corporations which are members of a controlled group of corporations (within the meaning of section 1563(a) of the Internal Revenue Code Qf ]L954^ determined without regard to section 1563(a)(4) and (e)(3) (C) of such code) shall be treated as employed by a single employer.

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