I 

109TH CONGRESS 

1ST SESSION H. R. 3515 

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 

JULY 28, 2005 

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 2005’’. 

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— 

10 (1) by redesignating subsection (j) as sub11 section (k); and 

12 (2) by inserting after subsection (i) the fol13 lowing new subsection: 

14 ‘‘(j) SUBMISSION TO THE FEDERAL TRADE COMMIS15 SION OF CERTAIN INFORMATION RELATING TO AUTO16 MOBILE INSURANCE COVERAGE.— 

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

18 any calendar year, the plan administrator of an em19 ployee pension benefit plan or provides administra20 tive services to such a plan and who— 

21 ‘‘(A) also offers automobile insurance cov22 erage during such year in a State in which a 

23 participant or beneficiary under the plan re24 sides, or 

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

26 any person offering automobile insurance cov-
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1 erage in such state any identifying information 

2 relating to any participant or beneficiary under 

3 the plan, 

4 shall provide annually to the Federal Trade Commis5 sion the information described in paragraph (2). 

6 Such person shall certify annually to the Secretary 

7 compliance with the requirements of this subsection. 

8 ‘‘(2) REQUIRED INFORMATION.— 

9 ‘‘(A) IN GENERAL.—The information de10 scribed in this paragraph consists of the fol11 lowing: 

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

13 year reported on, by each person specified 

14 in subparagraph (B), in insurance pre15 miums on automobile insurance from auto16 mobile insurance policyholders in the 

17 State. 

18 ‘‘(ii) The total amount that each per19 son specified in subparagraph (B) paid out 

20 in the year reported on in automobile in21 surance claims in response to the claims 

22 filed by automobile insurance policyholders 

23 in such State. 

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

25 year reported on, by each person specified 
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1 in subparagraph (B), to such person’s re2 serve balance for automobile insurance 

3 claims filed by automobile insurance policy4 holders in such State. 

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

6 specified in this subparagraph are the person 

7 described in paragraph (1), each person pro8 vided identifying information (as described in 

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

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

11 of the foregoing. 

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

13 subsection— 

14 ‘‘(A) a person is ‘related’ to any other per15 son if such persons are under common control, 

16 and 

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

18 more persons are under ‘common control’ shall 

19 be made under regulations of the Secretary 

20 which are consistent and coextensive with regu21 lations prescribed for similar purposes by the 

22 Secretary of the Treasury under subsections (b) 

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

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

2 The amendments made by this Act shall apply with 

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

4 2007. 

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