Page 369 TITLE 29—LABOR § 1022

‘‘(1) the summary plan description described in section 1022(a)(1) of this title;

‘‘(2) a plan description containing the matter required in section 1022(b) of this title;

‘‘(3) modifications and changes referred to in section

1022(a)(2) of this title;’’.

1996—Subsec. (g). Pub. L. 104–204 made technical

amendment to reference in original act which appears

in text as reference to section 1191b of this title.

Pub. L. 104–191, §101(e)(1)(B), added subsec. (g).

Former subsec. (g) redesignated (h).

Pub. L. 104–188 added subsec. (g). Former subsec. (g)

redesignated (h).

Subsec. (h). Pub. L. 104–191, §101(e)(1)(A), redesignated

subsec. (g), relating to simple retirement accounts, as

(h).

Pub. L. 104–188, §1421(d)(1), redesignated subsec. (g),

relating to cross references, as (h).

1994—Subsec. (e)(3). Pub. L. 103–465 substituted ‘‘1995’’

for ‘‘1991’’.

1993—Subsecs. (f), (g). Pub. L. 103–66 added subsec. (f)

and redesignated former subsec. (f) as (g).

1990—Subsecs. (e), (f). Pub. L. 101–508 added subsec. (e)

and redesignated former subsec. (e) as (f).

1989—Subsec. (a)(2). Pub. L. 101–239, §7894(b)(2), substituted ‘‘sections’’ for ‘‘section’’.

Subsec. (d)(1). Pub. L. 101–239, §7881(b)(5)(A), substituted ‘‘an employer maintaining a plan’’ for ‘‘an employer of a plan’’.

1987—Subsecs. (d), (e). Pub. L. 100–203 added subsec.

(d) and redesignated former subsec. (d) as (e).

EFFECTIVE DATE OF 1996 AMENDMENTS

Amendment by Pub. L. 104–204 applicable with respect to group health plans for plan years beginning on

or after Jan. 1, 1998, see section 603(c) of Pub. L. 104–204

set out as a note under section 1003 of this title.

Amendment of Pub. L. 104–191 applicable with respect

to group health plans for plan years beginning after

June 30, 1997, except as otherwise provided, see section

101(g) of Pub. L. 104–191, set out as an Effective Date

note under section 1181 of this title.

Amendment by Pub. L. 104–188 applicable to taxable

years beginning after Dec. 31, 1996, see section 1421(e) of

Pub. L. 104–188, set out as a note under section 72 of

Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 4301(d) of Pub. L. 103–66 provided that:

‘‘(1) IN GENERAL.—The amendments made by this section [enacting section 1169 of this title and amending

this section and sections 1132 and 1144 of this title]

shall take effect on the date of the enactment of this

Act [Aug. 10, 1993].

‘‘(2) PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY

1, 1994.—Any amendment to a plan required to be made

by an amendment made by this section shall not be required to be made before the first plan year beginning

on or after January 1, 1994, if—

‘‘(A) during the period after the date before the

date of the enactment of this Act and before such

first plan year, the plan is operated in accordance

with the requirements of the amendments made by

this section, and

‘‘(B) such plan amendment applies retroactively to

the period after the date before the date of the enactment of this Act and before such first plan year.

A plan shall not be treated as failing to be operated in

accordance with the provisions of the plan merely because it operates in accordance with this paragraph.’’

EFFECTIVE DATE OF 1990 AMENDMENT

Section 12012(e) of Pub. L. 101–508 provided that: ‘‘The

amendments made by this section [amending this section and sections 1082, 1103, 1108, and 1132 of this title]

shall apply to qualified transfers under section 420 of

the Internal Revenue Code of 1986 [26 U.S.C. 420] made

after the date of the enactment of this Act [Nov. 5,

1990].’’

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 7881(b)(5)(A) of Pub. L. 101–239

effective, except as otherwise provided, as if included in

the provision of the Pension Protection Act, Pub. L.

100–203, §§9302–9346, to which such amendment relates,

see section 7882 of Pub. L. 101–239, set out as a note

under section 401 of Title 26, Internal Revenue Code.

Amendment by section 7894(b)(2) of Pub. L. 101–239 effective, except as otherwise provided, as if originally

included in the provision of the Employee Retirement

Income Security Act of 1974, Pub. L. 93–406, to which

such amendment relates, see section 7894(i) of Pub. L.

101–239, set out as a note under section 1002 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 9304(d) of Pub. L. 100–203, as amended by Pub.

L. 101–239, title VII, §7881(b)(5)(C), Dec. 19, 1989, 103

Stat. 2438, provided that the amendment made by that

section is effective with respect to plan years beginning

after Dec. 31, 1987.

REGULATIONS

Secretary authorized, effective Sept. 2, 1974, to promulgate regulations wherever provisions of this subchapter call for the promulgation of regulations, see

section 1031 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL

JANUARY 1, 1998

For provisions directing that if any amendments

made by subtitle D [§§1401–1465] of title I of Pub. L.

104–188 require an amendment to any plan or annuity

contract, such amendment shall not be required to be

made before the first day of the first plan year beginning on or after Jan. 1, 1998, see section 1465 of Pub. L.

104–188, set out as a note under section 401 of Title 26,

Internal Revenue Code.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1104, 1132 of this

title.

§ 1022. Summary plan description

(a) A summary plan description of any employee benefit plan shall be furnished to participants and beneficiaries as provided in section

1024(b) of this title. The summary plan description shall include the information described in

subsection (b) of this section, shall be written in

a manner calculated to be understood by the average plan participant, and shall be sufficiently

accurate and comprehensive to reasonably apprise such participants and beneficiaries of their

rights and obligations under the plan. A summary of any material modification in the terms

of the plan and any change in the information

required under subsection (b) of this section

shall be written in a manner calculated to be

understood by the average plan participant and

shall be furnished in accordance with section

1024(b)(1) of this title.

(b) The summary plan description shall contain the following information: The name and

type of administration of the plan; in the case of

a group health plan (as defined in section

1191b(a)(1) of this title), whether a health insurance issuer (as defined in section 1191b(b)(2) of

this title) is responsible for the financing or administration (including payment of claims) of

the plan and (if so) the name and address of such

issuer; the name and address of the person designated as agent for the service of legal process,

if such person is not the administrator; the

name and address of the administrator; names,
§ 1023 TITLE 29—LABOR Page 370

titles, and addresses of any trustee or trustees

(if they are persons different from the administrator); a description of the relevant provisions

of any applicable collective bargaining agreement; the plan’s requirements respecting eligibility for participation and benefits; a description of the provisions providing for nonforfeitable pension benefits; circumstances which may

result in disqualification, ineligibility, or denial

or loss of benefits; the source of financing of the

plan and the identity of any organization

through which benefits are provided; the date of

the end of the plan year and whether the records

of the plan are kept on a calendar, policy, or fiscal year basis; the procedures to be followed in

presenting claims for benefits under the plan including the office at the Department of Labor

through which participants and beneficiaries

may seek assistance or information regarding

their rights under this chapter and the Health

Insurance Portability and Accountability Act of

1996 with respect to health benefits that are offered through a group health plan (as defined in

section 1191b(a)(1) of this title) and the remedies

available under the plan for the redress of

claims which are denied in whole or in part (including procedures required under section 1133 of

this title).

(Pub. L. 93–406, title I, §102, Sept. 2, 1974, 88 Stat.

841; Pub. L. 104–191, title I, §101(c)(2), Aug. 21,

1996, 110 Stat. 1951; Pub. L. 104–204, title VI,

§603(b)(3)(C), Sept. 26, 1996, 110 Stat. 2938; Pub. L.

105–34, title XV, §1503(b), Aug. 5, 1997, 111 Stat.

1061.)

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the

original ‘‘this Act’’, meaning Pub. L. 93–406, known as

the Employee Retirement Income Security Act of 1974.

Titles I, III, and IV of such Act are classified principally to this chapter. For complete classification of

this Act to the Code, see Short Title note set out under

section 1001 of this title and Tables.

The Health Insurance Portability and Accountability

Act of 1996, referred to in subsec. (b), is Pub. L. 104–191,

Aug. 21, 1996, 110 Stat. 1936. For complete classification

of this Act to the Code, see Short Title of 1996 Amendment note set out under section 201 of Title 42, The

Public Health and Welfare, and Tables.

AMENDMENTS

1997—Pub. L. 105–34, §1503(b)(2)(B), substituted ‘‘Summary plan description’’ for ‘‘Plan description and summary plan description’’ in section catchline.

Subsec. (a). Pub. L. 105–34, §1503(b)(1), struck out

‘‘(1)’’ after subsec. designation and struck out par. (2)

which read as follows: ‘‘A plan description (containing

the information required by subsection (b) of this section) of any employee benefit plan shall be prepared on

forms prescribed by the Secretary, and shall be filed

with the Secretary as required by section 1024(a)(1) of

this title. Any material modification in the terms of

the plan and any change in the information described

in subsection (b) of this section shall be filed in accordance with section 1024(a)(1)(D) of this title.’’

Subsec. (b). Pub. L. 105–34, §1503(b)(2)(A), substituted

‘‘The summary plan description shall contain’’ for

‘‘The plan description and summary plan description

shall contain’’.

1996—Subsec. (b). Pub. L. 104–204 made technical

amendment to references in original act which appear

in text as references to section 1191b of this title.

Pub. L. 104–191 inserted ‘‘in the case of a group health

plan (as defined in section 1191b(a)(1) of this title),

whether a health insurance issuer (as defined in section

1191b(b)(2) of this title) is responsible for the financing

or administration (including payment of claims) of the

plan and (if so) the name and address of such issuer;’’

after ‘‘type of administration of the plan;’’ and ‘‘including the office at the Department of Labor through

which participants and beneficiaries may seek assistance or information regarding their rights under this

chapter and the Health Insurance Portability and Accountability Act of 1996 with respect to health benefits

that are offered through a group health plan (as defined

in section 1191b(a)(1) of this title)’’ after ‘‘presenting

claims for benefits under the plan’’.

EFFECTIVE DATE OF 1996 AMENDMENTS

Amendment by Pub. L. 104–204 applicable with respect to group health plans for plan years beginning on

or after Jan. 1, 1998, see section 603(c) of Pub. L. 104–204

set out as a note under section 1003 of this title.

Amendment by Pub. L. 104–191 applicable with respect to group health plans for plan years beginning

after June 30, 1997, except as otherwise provided, see

section 101(g) of Pub. L. 104–191, set out as an Effective

Date note under section 1181 of this title.

REGULATIONS

Secretary authorized, effective Sept. 2, 1974, to promulgate regulations wherever provisions of this subchapter call for the promulgation of regulations, see

section 1031 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1021, 1024, 1029,

1185 of this title.

§ 1023. Annual reports

(a) Publication and filing

(1)(A) An annual report shall be published with

respect to every employee benefit plan to which

this part applies. Such report shall be filed with

the Secretary in accordance with section 1024(a)

of this title, and shall be made available and furnished to participants in accordance with section 1024(b) of this title.

(B) The annual report shall include the information described in subsections (b) and (c) of

this section and where applicable subsections (d)

and (e) of this section and shall also include—

(i) a financial statement and opinion, as required by paragraph (3) of this subsection, and

(ii) an actuarial statement and opinion, as

required by paragraph (4) of this subsection.

(2) If some or all of the information necessary

to enable the administrator to comply with the

requirements of this subchapter is maintained

by—

(A) an insurance carrier or other organization which provides some or all of the benefits

under the plan, or holds assets of the plan in

a separate account,

(B) a bank or similar institution which holds

some or all of the assets of the plan in a common or collective trust or a separate trust, or

custodial account, or

(C) a plan sponsor as defined in section

1002(16)(B) of this title,

such carrier, organization, bank, institution, or

plan sponsor shall transmit and certify the accuracy of such information to the administrator

within 120 days after the end of the plan year (or

such other date as may be prescribed under regulations of the Secretary).

(3)(A) Except as provided in subparagraph (C),

the administrator of an employee benefit plan