USC Subpart E

in effect

26 U.S.C. § 6057 Annual registration, etc.

(a) Annual registration(1) General ruleWithin such period after the end of a plan year as the Secretary may by regulations prescribe, the plan administrator (within the meaning of section 414(g)) of each plan to which the vesting standards of section 203 of part 2 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 applies for such plan year shall file a registration statement with the Secretary. (2) ContentsThe registration statement required by paragraph (1) shall set forth—(A) the name of the plan, (B) the name and address of the plan administrator, (C) the name and taxpayer identifying number of each participant in the plan—(i) who, during such plan year, separated from the service covered by the plan, (ii) who is entitled to a deferred vested benefit under the plan as of the end of such plan year, and (iii) with respect to whom retirement benefits were not paid under the plan during such plan year, (D) the nature, amount, and form of the deferred vested benefit to which such participant is entitled, and (E) such other information as the Secretary may require. At the time he files the registration statement under this subsection, the plan administrator shall furnish evidence satisfactory to the Secretary that he has complied with the requirement contained in subsection (e). (b) Notification of change in statusAny plan administrator required to register under subsection (a) shall also notify the Secretary, at such time as may be prescribed by regulations, of—(1) any change in the name of the plan, (2) any change in the name or address of the plan administrator, (3) the termination of the plan, or (4) the merger or consolidation of the plan with any other plan or its division into two or more plans. (c) Voluntary reportsTo the extent provided in regulations prescribed by the Secretary, the Secretary may receive from—(1) any plan to which subsection (a) applies, and (2) any other plan (including any governmental plan or church plan (within the meaning of section 414)), such information (including information relating to plan years beginning before January 1, 1974) as the plan administrator may wish to file with respect to the deferred vested benefit rights of any participant separated from the service covered by the plan during any plan year. (d) Transmission of information to Commissioner of Social SecurityThe Secretary shall transmit copies of any statements, notifications, reports, or other information obtained by him under this section to the Commissioner of Social Security. (e) Individual statement to participantEach plan administrator required to file a registration statement under subsection (a) shall, before the expiration of the time prescribed for the filing of such registration statement, also furnish to each participant described in subsection (a)(2)(C) an individual statement setting forth the information with respect to such participant required to be contained in such registration statement. Such statement shall also include a notice to the participant of any benefits which are forfeitable if the participant dies before a certain date. (f) Regulations(1) In generalThe Secretary, after consultation with the Commissioner of Social Security, may prescribe such regulations as may be necessary to carry out the provisions of this section. (2) Plans to which more than one employer contributesThis section shall apply to any plan to which more than one employer is required to contribute only to the extent provided in regulations prescribed under this subsection. (g) 403(b) multiple employer plans treated as one planIn the case of annuity contracts to which this section applies and to which section 403(b) applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph (15) thereof, such plan shall be treated as a single plan for purposes of this section. (h) Cross referencesFor provisions relating to penalties for failure to register or furnish statements required by this section, see section 6652(d) and section 6690. For coordination between Department of the Treasury and the Department of Labor with regard to administration of this section, see section 3004 of the Employee Retirement Income Security Act of 1974.

26 U.S.C. § 6058 Information required in connection with certain plans of deferred compensation

(a) In generalEvery employer who maintains a pension, annuity, stock bonus, profit-sharing, or other funded plan of deferred compensation described in part I of subchapter D of chapter 1, or the plan administrator (within the meaning of section 414(g)) of the plan, shall file an annual return stating such information as the Secretary may by regulations prescribe with respect to the qualification, financial conditions, and operations of the plan; except that, in the discretion of the Secretary, the employer may be relieved from stating in its return any information which is reported in other returns. (b) Actuarial statement in case of mergers, etc.Not less than 30 days before a merger, consolidation, or transfer of assets or liabilities of a plan described in subsection (a) to another plan, the plan administrator (within the meaning of section 414(g)) shall file an actuarial statement of valuation evidencing compliance with the requirements of section 401(a)(12). (c) EmployerFor purposes of this section, the term “employer” includes a person described in section 401(c)(4) and an individual who establishes an individual retirement plan. (d) Coordination with income tax returns, etc.An individual who establishes an individual retirement plan shall not be required to file a return under this section with respect to such plan for any taxable year for which there is—(1) no special IRP tax, and (2) no plan activity other than—(A) the making of contributions (other than rollover contributions), and (B) the making of distributions. (e) Special IRP tax definedFor purposes of this section, the term “special IRP tax” means a tax imposed by—(1) section 4973, or (2) section 4974. (f) 403(b) multiple employer plans treated as one planIn the case of annuity contracts to which this section applies and to which section 403(b) applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph (15) thereof, such plan shall be treated as a single plan for purposes of this section. (g) Cross referencesFor provisions relating to penalties for failure to file a return required by this section, see section 6652(e). For coordination between the Department of the Treasury and the Department of Labor with respect to the information required under this section, see section 3004 of title III of the Employee Retirement Income Security Act of 1974.

26 U.S.C. § 6059 Periodic report of actuary

(a) General ruleThe 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 reportThe 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) Time and manner of filingThe 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 referenceFor 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.