Within 30 days after the plan administrator or the contributing sponsor knows or has reason to know that a reportable event described in subsection (c) of this section has occurred, he shall notify the corporation that such event has occurred, unless a notice otherwise required under this subsection has already been provided with respect to such event. The corporation is authorized to waive the requirement of the preceding sentence with respect to any or all reportable events with respect to any plan, and to require the notification to be made by including the event in the annual report made by the plan.
(b) Notification that event is about to occur
(1)The requirements of this subsection shall be applicable to a contributing sponsor if, as of the close of the preceding plan year—
(A)the aggregate unfunded vested benefits (as determined under section
1306(a)(3)(E)(iii) of this title) of plans subject to this subchapter which are maintained by such sponsor and members of such sponsor’s controlled groups (disregarding plans with no unfunded vested benefits) exceed $50,000,000, and
(B)the funded vested benefit percentage for such plans is less than 90 percent.
For purposes of subparagraph (B), the funded vested benefit percentage means the percentage which the aggregate value of the assets of such plans bears to the aggregate vested benefits of such plans (determined in accordance with section
1306(a)(3)(E)(iii) of this title).
(2)This subsection shall not apply to an event if the contributing sponsor, or the member of the contributing sponsor’s controlled group to which the event relates, is—
(A)a person subject to the reporting requirements of section 13 or 15(d) of the Securities Exchange Act of 1934 [15 U.S.C. 78m, 78o(d)], or
(B)a subsidiary (as defined for purposes of such Act [15 U.S.C. 78a et seq.]) of a person subject to such reporting requirements.
(3)No later than 30 days prior to the effective date of an event described in paragraph (9), (10), (11), (12), or (13) of subsection (c) of this section, a contributing sponsor to which the requirements of this subsection apply shall notify the corporation that the event is about to occur.
(4)The corporation may waive the requirement of this subsection with respect to any or all reportable events with respect to any contributing sponsor.
(c) Enumeration of reportable events
For purposes of this section a reportable event occurs—
(1)when the Secretary of the Treasury issues notice that a plan has ceased to be a plan described in section
1321(a)(2) of this title, or when the Secretary of Labor determines the plan is not in compliance with subchapter I of this chapter;
(2)when an amendment of the plan is adopted if, under the amendment, the benefit payable with respect to any participant may be decreased;
(3)when the number of active participants is less than 80 percent of the number of such participants at the beginning of the plan year, or is less than 75 percent of the number of such participants at the beginning of the previous plan year;
(4)when the Secretary of the Treasury determines that there has been a termination or partial termination of the plan within the meaning of section
411(d)(3) of title
26, but the occurrence of such a termination or partial termination does not, by itself, constitute or require a termination of a plan under this subchapter;
(5)when the plan fails to meet the minimum funding standards under section
412 of title
26 (without regard to whether the plan is a plan described in section
1321(a)(2) of this title) or under section
1082 of this title;
(6)when the plan is unable to pay benefits thereunder when due;
(7)when there is a distribution under the plan to a participant who is a substantial owner as defined in section
1321(d) of this title if—
(A)such distribution has a value of $10,000 or more;
(B)such distribution is not made by reason of the death of the participant; and
(C)immediately after the distribution, the plan has nonforfeitable benefits which are not funded;
(8)when a plan merges, consolidates, or transfers its assets under section
1058 of this title, or when an alternative method of compliance is prescribed by the Secretary of Labor under section
1030 of this title;
(9)when, as a result of an event, a person ceases to be a member of the controlled group;
(10)when a contributing sponsor or a member of a contributing sponsor’s controlled group liquidates in a case under title 11, or under any similar Federal law or law of a State or political subdivision of a State;
(11)when a contributing sponsor or a member of a contributing sponsor’s controlled group declares an extraordinary dividend (as defined in section
1059(c) of title
26) or redeems, in any 12-month period, an aggregate of 10 percent or more of the total combined voting power of all classes of stock entitled to vote, or an aggregate of 10 percent or more of the total value of shares of all classes of stock, of a contributing sponsor and all members of its controlled group;
(12)when, in any 12-month period, an aggregate of 3 percent or more of the benefit liabilities of a plan covered by this subchapter and maintained by a contributing sponsor or a member of its controlled group are transferred to a person that is not a member of the controlled group or to a plan or plans maintained by a person or persons that are not such a contributing sponsor or a member of its controlled group; or
(13)when any other event occurs that may be indicative of a need to terminate the plan and that is prescribed by the corporation in regulations.
For purposes of paragraph (7), all distributions to a participant within any 24-month period are treated as a single distribution.
(d) Notification to corporation by Secretary of the Treasury
The Secretary of the Treasury shall notify the corporation—
(1)whenever a reportable event described in paragraph (1), (4), or (5) of subsection (c) of this section occurs, or
(2)whenever any other event occurs which the Secretary of the Treasury believes indicates that the plan may not be sound.
(e) Notification to corporation by Secretary of Labor
The Secretary of Labor shall notify the corporation—
(1)whenever a reportable event described in paragraph (1), (5), or (8) of subsection (c) of this section occurs, or
(2)whenever any other event occurs which the Secretary of Labor believes indicates that the plan may not be sound.
(f) Disclosure exemption
Any information or documentary material submitted to the corporation pursuant to this section shall be exempt from disclosure under section
552 of title
5, and no such information or documentary material may be made public, except as may be relevant to any administrative or judicial action or proceeding. Nothing in this section is intended to prevent disclosure to either body of Congress or to any duly authorized committee or subcommittee of the Congress.
The Securities Exchange Act of 1934, referred to in subsec. (b)(2)(B), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is classified principally to chapter 2B (§ 78a et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section
78a of Title
15 and Tables.
2006—Subsec. (c)(7). Pub. L. 109–280substituted “1321(d)” for “1322(b)(6)” in introductory provisions.
1994—Subsec. (a). Pub. L. 103–465, § 771(a), (e)(1), in first sentence, inserted “or the contributing sponsor” after “administrator”, substituted “subsection (c)” for “subsection (b)”, and inserted before period at end “, unless a notice otherwise required under this subsection has already been provided with respect to such event”, and struck out last sentence which read as follows: “Whenever an employer making contributions under a plan to which section
1321 of this title applies knows or has reason to know that a reportable event has occurred he shall notify the plan administrator immediately.”
Subsec. (b). Pub. L. 103–465, § 771(b), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 103–465, § 771(b), redesignatedsubsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (c)(8) to (13). Pub. L. 103–465, § 771(c), struck out “or” at end of par. (8), added pars. (9) to (13), and struck out former par. (9) which read as follows: “when any other event occurs which the corporation determines may be indicative of a need to terminate the plan.”.
Subsecs. (d), (e). Pub. L. 103–465, § 771(b), (e)(1), redesignatedsubsecs. (c) and (d) as (d) and (e), respectively, and substituted “subsection (c)” for “subsection (b)” in par. (1) of each subsec.
1989—Subsec. (b)(4). Pub. L. 101–239substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
Amendment by Pub. L. 103–465effective for events occurring 60 days or more after Dec. 8, 1994, see section 771(f) ofPub. L. 103–465, set out as a note under section
1342 of this title.
Effective Date of 1989 Amendment
Amendment by Pub. L. 101–239effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 7891(f) ofPub. L. 101–239, set out as a note under section
1002 of this 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
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.