Title 29LaborRelease 119-73

§1308 Annual report by the corporation

Title 29 › Chapter CHAPTER 18— - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER III— - PLAN TERMINATION INSURANCE › Subtitle Subtitle A— - Pension Benefit Guaranty Corporation › § 1308

Last updated Apr 6, 2026|Official source

Summary

Soon after each fiscal year ends, the corporation must send a report to the President and Congress about its business that year. The report must have financial statements showing the corporation’s money at year‑end and how funds were received and spent. It must also include an actuarial evaluation forecasting the next five years, with the detailed assumptions and methods used. The report must summarize the Pension Insurance Modeling System microsimulation model and the specific settings, starting values, timing, and policy choices used. It must compare the corporation’s actual average investment return for the year to an amount equal to 60% of the average S&P 500 return plus 40% of the average Lehman Aggregate Bond Index (or a similar fixed‑income index). The report must state the surplus or deficit the corporation would have had if it had earned that blended return.

Full Legal Text

Title 29, §1308

Labor — Source: USLM XML via OLRC

(a)As soon as practicable after the close of each fiscal year the corporation shall transmit to the President and the Congress a report relative to the conduct of its business under this subchapter for that fiscal year. The report shall include financial statements setting forth the finances of the corporation at the end of such fiscal year and the result of its operations (including the source and application of its funds) for the fiscal year and shall include an actuarial evaluation of the expected operations and status of the funds established under section 1305 of this title for the next five years (including a detailed statement of the actuarial assumptions and methods used in making such evaluation).
(b)The report under subsection (a) shall include—
(1)a summary of the Pension Insurance Modeling System microsimulation model, including the specific simulation parameters, specific initial values, temporal parameters, and policy parameters used to calculate the financial statements for the corporation;
(2)a comparison of—
(A)the average return on investments earned with respect to assets invested by the corporation for the year to which the report relates; and
(B)an amount equal to 60 percent of the average return on investment for such year in the Standard & Poor’s 500 Index, plus 40 percent of the average return on investment for such year in the Lehman Aggregate Bond Index (or in a similar fixed income index); and
(3)a statement regarding the deficit or surplus for such year that the corporation would have had if the corporation had earned the return described in paragraph (2)(B) with respect to assets invested by the corporation.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Pub. L. 109–280 designated existing provisions as subsec. (a) and added subsec. (b).

Reference

Citations & Metadata

Citation

29 U.S.C. § 1308

Title 29Labor

Last Updated

Apr 6, 2026

Release point: 119-73