I 

108TH CONGRESS 

1ST SESSION H. R. 1842 

To amend title I of the Employee Retirement Income Security Act of 1974 

to require persons who are plan administrators of employee pension 

benefit plans or provide administrative services to such plans, and who 

also provide automobile insurance coverage or provide persons offering 

such coverage identifying information relating to plan participants or 

beneficiaries, to submit to the Federal Trade Commission certain information relating to such automobile insurance coverage. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 29, 2003 

Mr. ANDREWS introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL 

To amend title I of the Employee Retirement Income Security Act of 1974 to require persons who are plan administrators of employee pension benefit plans or provide 

administrative services to such plans, and who also provide automobile insurance coverage or provide persons 

offering such coverage identifying information relating 

to plan participants or beneficiaries, to submit to the 

Federal Trade Commission certain information relating 

to such automobile insurance coverage. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Truth in Automobile 

3 Insurance Rates Act of 2003’’. 

4 SEC. 2. INFORMATION REQUIRED TO BE SUBMITTED TO 

5 THE FEDERAL TRADE COMMISSION RELAT6 ING TO AUTOMOBILE INSURANCE COVERAGE. 

7 (a) IN GENERAL.—Section 101 of the Employee Re8 tirement Income Security Act of 1974 (29 U.S.C. 1021) 

9 is amended by inserting after subsection (e) the following 

10 new subsection: 

11 ‘‘(f) SUBMISSION TO THE FEDERAL TRADE COMMIS12 SION OF CERTAIN INFORMATION RELATING TO AUTO13 MOBILE INSURANCE COVERAGE.— 

14 ‘‘(1) IN GENERAL.—Any person who is, during 

15 any calendar year, the plan administrator of an em16 ployee pension benefit plan or provides administra17 tive services to such a plan and who— 

18 ‘‘(A) also offers automobile insurance cov19 erage during such year in a State in which a 

20 participant or beneficiary under the plan re21 sides, or 

22 ‘‘(B) provides during such calendar year to 

23 any person offering automobile insurance cov24 erage in such state any identifying information 

25 relating to any participant or beneficiary under 

26 the plan, 
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1 shall provide annually to the Federal Trade Commis2 sion the information described in paragraph (2). 

3 Such person shall certify annually to the Secretary 

4 compliance with the requirements of this subsection. 

5 ‘‘(2) REQUIRED INFORMATION.— 

6 ‘‘(A) IN GENERAL.—The information de7 scribed in this paragraph consists of the fol8 lowing: 

9 ‘‘(i) The total amount collected in the 

10 year reported on, by each person specified 

11 in subparagraph (B), in insurance pre12 miums on automobile insurance from auto13 mobile insurance policyholders in the 

14 State. 

15 ‘‘(ii) The total amount that each per16 son specified in subparagraph (B) paid out 

17 in the year reported on in automobile in18 surance claims in response to the claims 

19 filed by automobile insurance policyholders 

20 in such State. 

21 ‘‘(iii) The total amount added in the 

22 year reported on, by each person specified 

23 in subparagraph (B), to such person’s re24 serve balance for automobile insurance 
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1 claims filed by automobile insurance policy2 holders in such State. 

3 ‘‘(B) SPECIFIED PERSONS.—The persons 

4 specified in this subparagraph are the person 

5 described in paragraph (1), each person pro6 vided identifying information (as described in 

7 paragraph (1)(B)) by the person described in 

8 paragraph (1), and each person related to any 

9 of the foregoing. 

10 ‘‘(3) RELATED PERSON.—For purposes of this 

11 subsection— 

12 ‘‘(A) a person is ‘related’ to any other per13 son if such persons are under common control, 

14 and 

15 ‘‘(B) the determination of whether two or 

16 more persons are under ‘common control’ shall 

17 be made under regulations of the Secretary 

18 which are consistent and coextensive with regu19 lations prescribed for similar purposes by the 

20 Secretary of the Treasury under subsections (b) 

21 and (c) of section 414 of the Internal Revenue 

22 Code of 1986.’’. 
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1 SEC. 3. EFFECTIVE DATE. 

2 The amendment made by this Act shall apply with 

3 respect to plan years beginning on or after January 1, 

4 2005. 

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