The administrator shall permit such accountant or actuary to inspect whatever books and records of the plan are necessary for such audit. The plan shall be liable to the Secretary for the expenses for such audit or report, and the Secretary may bring an action against the plan in any court of competent jurisdiction to recover such expenses.
Publication of the summary plan descriptions and annual reports shall be made to participants and beneficiaries of the particular plan as follows:
The administrator shall furnish to each participant, and each beneficiary receiving benefits under the plan, every fifth year after the plan becomes subject to this part an updated summary plan description described in section 1022 of this title which integrates all plan amendments made within such five-year period, except that in a case where no amendments have been made to a plan during such five-year period this sentence shall not apply. Notwithstanding the foregoing, the administrator shall furnish to each participant, and to each beneficiary receiving benefits under the plan, the summary plan description described in section 1022 of this title every tenth year after the plan becomes subject to this part. If there is a modification or change described in section 1022(a) of this title (other than a material reduction in covered services or benefits provided in the case of a group health plan (as defined in section 1191b(a)(1) of this title)), a summary description of such modification or change shall be furnished not later than 210 days after the end of the plan year in which the change is adopted to each participant, and to each beneficiary who is receiving benefits under the plan. If there is a modification or change described in section 1022(a) of this title that is a material reduction in covered services or benefits provided under a group health plan (as defined in section 1191b(a)(1) of this title), a summary description of such modification or change shall be furnished to participants and beneficiaries not later than 60 days after the date of the adoption of the modification or change. In the alternative, the plan sponsors may provide such description at regular intervals of not more than 90 days. The Secretary shall issue regulations within 180 days after August 21, 1996, providing alternative mechanisms to delivery by mail through which group health plans (as so defined) may notify participants and beneficiaries of material reductions in covered services or benefits.
The Secretary may by regulation require that the administrator of any employee benefit plan furnish to each participant and to each beneficiary receiving benefits under the plan a statement of the rights of participants and beneficiaries under this subchapter.
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-
Nothing in this subsection waives any other provision under this subchapter requiring plan administrators to provide, upon request, information to employers that have an obligation to contribute under the plan.
For regulations respecting coordination of reports to the Secretaries of Labor and the Treasury, see section 1204 of this title.
1 So in original. Probably should be "apply)".
2 So in original. Comma probably should not appear.
29 U.S.C. § 1024
EDITORIAL NOTES
AMENDMENTS2019-Subsec. (a)(2)(A). Pub. L. 116-94 added subpar. (A) and struck out former subpar. (A) which read as follows: "With respect to annual reports required to be filed with the Secretary under this part, he may by regulation prescribe simplified annual reports for any pension plan which covers less than 100 participants."2008-Subsec. (b)(3). Pub. L. 110-458, §105(c)(1)(A)(ii), which directed substitution of "the administrator" for "the administrators" in par. (3), could not be executed because the words "the administrators" did not appear. Pub. L. 110-458, §105(c)(1)(A)(i), substituted "section 1021(f)" for "section 1023(f)".Subsec. (d)(1)(E)(ii). Pub. L. 110-458, §105(c)(1)(B), inserted "funding" after "plan's". 2006- Pub. L. 109-280, §503(d)(1), substituted "participants and certain employers" for "participants" in section catchline.Subsec. (b)(3). Pub. L. 109-280, §503(c)(1), which directed amendment of par. (3) by inserting "(other than an administrator of a defined benefit plan to which the requirements of section 1023(f) of this title applies)" after "the administrators", was executed by making the insertion after "the administrator", to reflect the probable intent of Congress.Subsec. (b)(5). Pub. L. 109-280, §504(a), added par. (5).Subsecs. (d), (e). Pub. L. 109-280, §503(d)(2), (3), added subsec. (d) and redesignated former subsec. (d) as (e).1997-Subsec. (a)(1). Pub. L. 105-34, §1503(c)(1), amended par. (1) generally, substituting present provisions for provisions requiring filing of annual report, plan description, summary plan description, as well as modifications and changes in plan descriptions.Subsec. (a)(6). Pub. L. 105-34, §1503(c)(2)(A), added par. (6).Subsec. (b)(1). Pub. L. 105-34, §1503(d)(1), substituted "section 1022(a) of this title" for "section 1022(a)(1) of this title" wherever appearing. Subsec. (b)(2). Pub. L. 105-34, §1503(d)(2), substituted "the latest updated summary plan description and" for "the plan description and".Subsec. (b)(4). Pub. L. 105-34, §1503(d)(3), struck out "plan description" before ", plan description, and the latest annual report".1996-Subsec. (b)(1). Pub. L. 104-204 made technical amendment to references in original act which appear in text as references to section 1191b of this title. Pub. L. 104-191 in closing provisions, substituted "1022(a)(1) of this title (other than a material reduction in covered services or benefits provided in the case of a group health plan (as defined in section 1191b(a)(1) of this title))," for "1022(a)(1) of this title," and inserted at end "If there is a modification or change described in section 1022(a)(1) of this title that is a material reduction in covered services or benefits provided under a group health plan (as defined in section 1191b(a)(1) of this title), a summary description of such modification or change shall be furnished to participants and beneficiaries not later than 60 days after the date of the adoption of the modification or change. In the alternative, the plan sponsors may provide such description at regular intervals of not more than 90 days. The Secretary shall issue regulations within 180 days after August 21, 1996, providing alternative mechanisms to delivery by mail through which group health plans (as so defined) may notify participants and beneficiaries of material reductions in covered services or benefits."1989-Subsec. (a)(5)(B). Pub. L. 101-239, §7894(b)(3), substituted a comma for period at end.Subsec. (b)(1). Pub. L. 101-239, §7894(b)(4), struck out comma after "summary".1987-Subsec. (b)(3). Pub. L. 100-203 inserted "(including the percentage determined under section 1023(d)(11) of this title)" after "material". 1986-Subsec. (a)(2)(A). Pub. L. 99-272 struck out provision permitting the Secretary to waive or modify the requirements of section 1023(d)(6) of this title if he found that the interests of the plan participants were not harmed and the expense of compliance was not justified by the needs of the participants, the Pension Benefit Guaranty Corporation, and the Department of Labor for some portion or all of the information otherwise required under section 1023(d)(6) of this title.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2019 AMENDMENT Amendment by Pub. L. 116-94 applicable to plan years beginning after Dec. 31, 2020, see section 101(e) of Pub. L. 116-94 set out as a note under section 408 of Title 26, Internal Revenue Code.
EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110-458 effective as if included in the provisions of Pub. L. 109-280 to which the amendment relates, except as otherwise provided, see section 112 of Pub. L. 110-458 set out as a note under section 72 of Title 26, Internal Revenue Code.
EFFECTIVE DATE OF 2006 AMENDMENT Amendment by section 503(c)(1), (d) of Pub. L. 109-280 applicable to plan years beginning after Dec. 31, 2007, see section 503(f) of Pub. L. 109-280 set out as a note under section 1021 of this title. Pub. L. 109-280, title V, §504(b), Aug. 17, 2006, 120 Stat. 945, provided that: "The amendment made by this section [amending this section] shall apply to plan years beginning after December 31, 2007."
EFFECTIVE DATE OF 1996 AMENDMENTS Amendment by Pub. L. 104-204 applicable with respect to group health plans for plan years beginning on or after Jan. 1, 1998, see section 603(c) of Pub. L. 104-204 set out as a note under section 1003 of this title. Amendment by Pub. L. 104-191 applicable with respect to group health plans for plan years beginning after June 30, 1997, except as otherwise provided, see section 101(g) of Pub. L. 104-191 set out as an Effective Date note under section 1181 of this title.
EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-239 effective, except as otherwise provided, as if originally included in the provision of the Employee Retirement Income Security Act of 1974, Pub. L. 93-406, to which such amendment relates, see section 7894(i) of Pub. L. 101-239 set out as a note under section 1002 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-203 applicable with respect to reports required to be filed after Dec. 31, 1987, see section 9342(d)(1) of Pub. L. 100-203 set out as a note under section 1132 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-272 effective Jan. 1, 1986, with certain exceptions, see section 11019 of Pub. L. 99-272 set out as a note under section 1341 of this title.
REGULATIONSSecretary authorized, effective Sept. 2, 1974, to promulgate regulations wherever provisions of this subchapter call for the promulgation of regulations, see section 1031 of this title.
MODEL NOTICES AND FORMSFor provisions requiring the Secretary of Labor to publish a model form for providing the statements, schedules, and other material required to be provided under subsec. (d) of this section, see section 503(e) of Pub. L. 109-280 set out as a note under section 1021 of this title.