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Title 26 — Internal Revenue CodeRelease 119-73

§6059 Periodic report of actuary

Title 26 › Subtitle Subtitle F— - Procedure and Administration › Chapter CHAPTER 61— - INFORMATION AND RETURNS › Subchapter Subchapter A— - Returns and Records › Part PART III— - INFORMATION RETURNS › Subpart Subpart E— - Registration of and Information Concerning Pension, Etc., Plans › § 6059

Last updated Apr 6, 2026|Official source

Summary

A plan administrator must file an actuarial report for each defined benefit plan that is subject to section 412 for the first plan year it applies and then every third plan year after that (or more often if the Secretary requires). The report must be prepared and signed by an enrolled actuary. The report must explain the funding method and assumptions; say how much must be contributed to eliminate any required contribution or funding shortfall; include a signed statement that the report is complete and follows the required actuarial rules; and include any other information needed to show the plan’s financial position or that the Secretary requires. The Secretary sets the time and manner of filing and coordinates this with the Department of Labor under ERISA section 3004. Plan administrator — the person who runs the plan (see section 414(g)). Enrolled actuary — an actuary officially certified (see section 7701(a)(35)).

Full Legal Text

Title 26, §6059

Internal Revenue Code — Source: USLM XML via OLRC

(a)The actuarial report described in subsection (b) shall be filed by the plan administrator (as defined in section 414(g) of each defined benefit plan to which section 412 applies, for the first plan year for which section 412 applies to the plan and for each third plan year thereafter (or more frequently if the Secretary determines that more frequent reports are necessary).
(b)The actuarial report of a plan required by subsection (a) shall be prepared and signed by an enrolled actuary (within the meaning of section 7701(a)(35)) and shall contain—
(1)a description of the funding method and actuarial assumptions used to determine costs under the plan,
(2)a certification of the contribution necessary to reduce the minimum required contribution determined under section 430, the accumulated funding deficiency under section 433, or the accumulated funding deficiency determined under section 431, to zero,
(3)a statement—
(A)that to the best of his knowledge the report is complete and accurate, and
(B)that the requirements for reasonable actuarial assumptions under section 430(h)(1), 431(c)(3), or 433(c)(3), whichever are applicable, have been complied with,
(4)such other information as may be necessary to fully and fairly disclose the actuarial position of the plan, and
(5)such other information regarding the plan as the Secretary may by regulations require.
(c)The actuarial report and statement required by this section shall be filed at the time and in the manner provided by regulations prescribed by the Secretary.
(d)For coordination between the Department of the Treasury and the Department of Labor with respect to the report required to be filed under this section, see section 3004 of title III of the Employee Retirement Income Security Act of 1974.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 3004 of title III of the Employee Retirement Income Security Act of 1974, referred to in subsec. (d), is classified to section 1204 of Title 29, Labor.

Amendments

2018—Subsec. (b)(3)(B). Pub. L. 115–141 substituted “that the requirements” for “the requirements” and “with,” for “with.” 2014—Subsec. (b)(2). Pub. L. 113–97, § 202(c)(10)(A), substituted “430, the accumulated funding deficiency under section 433,” for “430,”. Subsec. (b)(3)(B). Pub. L. 113–97, § 202(c)(10)(B), substituted “430(h)(1), 431(c)(3), or 433(c)(3)” for “430(h)(1) or 431(c)(3)”. 2006—Subsec. (b)(2). Pub. L. 109–280, § 114(f)(1), substituted “the minimum required contribution determined under section 430, or the accumulated funding deficiency determined under section 431,” for “the accumulated funding deficiency (as defined in section 412(a))”. Subsec. (b)(3)(B). Pub. L. 109–280, § 114(f)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “the requirements of section 412(c) (relating to reasonable actuarial assumptions) have been complied with,”. 1976—Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 2014 AmendmentAmendment by Pub. L. 113–97 applicable to years beginning after Dec. 31, 2013, see section 3 of Pub. L. 113–97, set out as a note under section 401 of this title.

Effective Date

of 2006 AmendmentAmendment by Pub. L. 109–280 applicable to plan years beginning after 2007, see section 114(g)(1) of Pub. L. 109–280, as added by Pub. L. 110–458, set out as a note under section 401 of this title.

Effective Date

Requirements of section applicable only with respect to plan years to which part I of subtitle A of title II of Pub. L. 93–406 applies, see section 1034(1) of Pub. L. 93–406, set out as an note under section 6057 of this title. For a description of the plan years to which part 1 applies, see section 1017 of Pub. L. 93–406, set out as an

Effective Date

Transitional Rules note under section 410 of this title. Applicability of

Amendments

by Subtitles A and B of Title I of Pub. L. 109–280For special rules on applicability of

Amendments

by subtitles A (§§ 101–108) and B (§§ 111–116) of title I of Pub. L. 109–280 to certain eligible cooperative plans, PBGC settlement plans, and eligible government contractor plans, see section 104, 105, and 106 of Pub. L. 109–280, set out as notes under section 401 of this title. Consolidation of Actuarial Reports Pub. L. 93–406, title X, § 1033(c), Sept. 2, 1974, 88 Stat. 948, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “The Secretary of the Treasury and the Secretary of Labor shall take such steps as may be necessary to assure coordination to the maximum extent feasible between the actuarial reports required by section 6059 of the Internal Revenue Code of 1986 and by section 103(d) of title I of the Employee Retirement Income Security Act of 1974 [section 1023(d) of Title 29, Labor].”

Reference

Citations & Metadata

Citation

26 U.S.C. § 6059

Title 26 — Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73