§1365 — Title 29 Labor | U.S. Code

Summary

For each plan year when section 1321 applies, the plan administrator must file an annual report with the corporation using the corporation’s form. The report must identify the plan and administrator, include copies of any notices required under section 1363, and state whether any “reportable event” under section 1343(b) happened during the year unless the corporation waives that requirement. For multiemployer plans, the report must also include any information the corporation needs to enforce subtitle E. That may include an enrolled actuary’s certified values of vested benefits and plan assets at year end; a plan sponsor’s certified list and values of outstanding withdrawal-liability claims as of that year end and the prior year end; and the number of employers required to contribute and those required to make withdrawal payments.

Title 29, §1365

Labor — Source: USLM XML via OLRC

For each plan year for which section 1321 of this title applies to a plan, the plan administrator shall file with the corporation, on a form prescribed by the corporation, an annual report which identifies the plan and plan administrator and which includes—

(1)a copy of each notification required under section 1363 of this title with respect to such year,

(2)a statement disclosing whether any reportable event (described in section 1343(b) 11 See References in Text note below. of this title) occurred during the plan year except to the extent the corporation waives such requirement, and

(3)in the case of a multiemployer plan, information with respect to such plan which the corporation determines is necessary for the enforcement of subtitle E and requires by regulation, which may include—

(A)a statement certified by the plan’s enrolled actuary of—

(i)the value of all vested benefits under the plan as of the end of the plan year, and

(ii)the value of the plan’s assets as of the end of the plan year;

(B)a statement certified by the plan sponsor of each claim for outstanding withdrawal liability (within the meaning of section 1301(a)(12) of this title) and its value as of the end of that plan year and as of the end of the preceding plan year; and

(C)the number of employers having an obligation to contribute to the plan and the number of employers required to make withdrawal liability payments.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1343(b) of this title, referred to in par. (2), was redesignated section 1343(c) of this title and a new section 1343(b) was added by Pub. L. 103–465, title VII, § 771(b), Dec. 8, 1994, 108 Stat. 5042.

Amendments

1980—Pub. L. 96–364 inserted provisions in par. (2) respecting waiver by corporation and added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date

of 1980 AmendmentAmendment by Pub. L. 96–364 effective Sept. 26, 1980, except as specifically provided, see section 1461(e) of this title.

§1365 Annual Report of Plan Administrator