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) Actuarial report
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,
(A)that to the best of his knowledge the report is complete and accurate, and
(B)the requirements for reasonable actuarial assumptions under section
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) Time and manner of filing
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) Cross reference
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.
 So in original. The period probably should be a comma.
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
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
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. 94–455struck out “or his delegate” after “Secretary” wherever appearing.
Effective Date of 2014 Amendment
Amendment by Pub. L. 113–97applicable to years beginning after Dec. 31, 2013, see section 3 ofPub. L. 113–97, set out as a note under section
401 of this title.
Requirements of section applicable only with respect to plan years to which part I of subtitle A of title II of Pub. L. 93–406applies, see section 1034(1) ofPub. 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 ofPub. 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. 109–280
For special rules on applicability of amendments by subtitles A (§§ 101–108) and B (§§ 111–116) of title I of Pub. L. 109–280to certain eligible cooperative plans, PBGC settlement plans, and eligible government contractor plans, see sections 104, 105, and 106 ofPub. 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
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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