Page:United States Statutes at Large Volume 93.djvu/923

 PUBLIC LAW 96-122—NOV. 17, 1979 tive-bargaining agreements; the retirement program's requirements respecting eligibility for participation and benefits; a description of the provisions providing for nonforfeitable pension benefits; circumstances which may result in disqualification, ineligibility, or denial or loss of benefits; the identity of any organization through which benefits are provided; the procedures to be followed in presenting claims for benefits under the retirement program; and the remedies available under the retirement program for the redress of claims that are denied in whole or in part. FILING REPORTS AND FURNISHING INFORMATION TO PARTICIPANTS

SEC. 164. (a)(1) The Board shall file with the Mayor, the Council, the Speaker, and the President pro tempore— (A) the annual reports for a fiscal year within two hundred and ten days after the end of such year; (B) a copy of each summary description of a retirement program within one year after the date of the enactment of this Act; and (C) a revised summary description of a retirement program, incorporating any material modification in the terms of the retirement program, within sixty days after such modification is adopted or occurs. The Mayor shall make copies of such retirement program descriptions and annual reports available for public inspection in an appropriate location. The Board shall also furnish to the Mayor, the Council, the Speaker, and the President pro tempore, upon request, any documents relating to the retirement program or the Fund, including any bargaining agreement, trust agreement, contract, or other instrument under which the retirement program or Fund is operated. (2)(A) The Mayor or the Council may reject any filing under this section within thirty days of such filing— (i) upon determining that such filing is incomplete for purposes of thispart;or (ii) upon determining that there is any material qualification by an accountant or actuary contained in an opinion submitted pursuant to section 162(a)(3)(A) or section 162(a)(4)(B). (B) If the Mayor or the Council rejects a filing of a report under subparagraph (A), and if a revised filing satisfactory to the Mayor or the Council is not submitted within forty-five days after the determination under subparagraph (A) to reject the filing is made, and if the Mayor or the Council considers it in the best interest of the participants, then the Mayor or the Council may take any one or more of the following actions: (i) Retain an independent qualified public accountant on behalf of the participants to perform an audit. (ii) Retain an enrolled actuary on behalf of the participants to prepare an actuarial statement. (iii) Bring a civil action for such legal or equitable relief as may be appropriate to enforce the provisions of this title. The Board shall permit any accountant or actuary so retained to inspect whatever books and records of the Fund are necessary for such audit. (3)(A) Either House of Congress may reject any filing under this section within thirty days of such filing by adopting a resolution stating that such House has determined— (i) that such filing is incomplete for purposes of this part; or

93 STAT. 891

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