§ 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
Page 371 TITLE 29—LABOR § 1023

shall engage, on behalf of all plan participants,

an independent qualified public accountant, who

shall conduct such an examination of any financial statements of the plan, and of other books

and records of the plan, as the accountant may

deem necessary to enable the accountant to

form an opinion as to whether the financial

statements and schedules required to be included in the annual reports by subsection (b) of

this section are presented fairly in conformity

with generally accepted accounting principles

applied on a basis consistent with that of the

preceding year. Such examination shall be conducted in accordance with generally accepted

auditing standards, and shall involve such tests

of the books and records of the plan as are considered necessary by the independent qualified

public accountant. The independent qualified

public accountant shall also offer his opinion as

to whether the separate schedules specified in

subsection (b)(3) of this section and the summary material required under section 1024(b)(3)

of this title present fairly, and in all material

respects the information contained therein when

considered in conjunction with the financial

statements taken as a whole. The opinion by the

independent qualified public accountant shall be

made a part of the annual report. In a case

where a plan is not required to file an annual report, the requirements of this paragraph shall

not apply. In a case where by reason of section

1024(a)(2) of this title a plan is required only to

file a simplified annual report, the Secretary

may waive the requirements of this paragraph.

(B) In offering his opinion under this section

the accountant may rely on the correctness of

any actuarial matter certified to by an enrolled

actuary, if he so states his reliance.

(C) The opinion required by subparagraph (A)

need not be expressed as to any statements required by subsection (b)(3)(G) of this section prepared by a bank or similar institution or insurance carrier regulated and supervised and subject to periodic examination by a State or Federal agency if such statements are certified by

the bank, similar institution, or insurance carrier as accurate and are made a part of the annual report.

(D) For purposes of this subchapter, the term

‘‘qualified public accountant’’ means—

(i) a person who is a certified public accountant, certified by a regulatory authority of a

State;

(ii) a person who is a licensed public accountant licensed by a regulatory authority of

a State; or

(iii) a person certified by the Secretary as a

qualified public accountant in accordance with

regulations published by him for a person who

practices in States where there is no certification or licensing procedure for accountants.

(4)(A) The administrator of an employee pension benefit plan subject to the reporting requirement of subsection (d) of this section shall

engage, on behalf of all plan participants, an enrolled actuary who shall be responsible for the

preparation of the materials comprising the actuarial statement required under subsection (d)

of this section. In a case where a plan is not required to file an annual report, the requirement

of this paragraph shall not apply, and, in a case

where by reason of section 1024(a)(2) of this title,

a plan is required only to file a simplified report, the Secretary may waive the requirement

of this paragraph.

(B) The enrolled actuary shall utilize such assumptions and techniques as are necessary to

enable him to form an opinion as to whether the

contents of the matters reported under subsection (d) of this section—

(i) are in the aggregate reasonably related to

the experience of the plan and to reasonable

expectations; and

(ii) represent his best estimate of anticipated experience under the plan.

The opinion by the enrolled actuary shall be

made with respect to, and shall be made a part

of, each annual report.

(C) For purposes of this subchapter, the term

‘‘enrolled actuary’’ means an actuary enrolled

under subtitle C of subchapter II of this chapter.

(D) In making a certification under this section the enrolled actuary may rely on the correctness of any accounting matter under subsection (b) of this section to which any qualified

public accountant has expressed an opinion, if

he so states his reliance.

(b) Financial statement

An annual report under this section shall include a financial statement containing the following information:

(1) With respect to an employee welfare benefit plan; a statement of assets and liabilities; a

statement of changes in fund balance; and a

statement of changes in financial position. In

the notes to financial statements, disclosures

concerning the following items shall be considered by the accountant: a description of the plan

including any significant changes in the plan

made during the period and the impact of such

changes on benefits; a description of material

lease commitments, other commitments, and

contingent liabilities; a description of agreements and transactions with persons known to

be parties in interest; a general description of

priorities upon termination of the plan; information concerning whether or not a tax ruling

or determination letter has been obtained; and

any other matters necessary to fully and fairly

present the financial statements of the plan.

(2) With respect to an employee pension benefit plan: a statement of assets and liabilities,

and a statement of changes in net assets available for plan benefits which shall include details

of revenues and expenses and other changes aggregated by general source and application. In

the notes to financial statements, disclosures

concerning the following items shall be considered by the accountant: a description of the plan

including any significant changes in the plan

made during the period and the impact of such

changes on benefits; the funding policy (including policy with respect to prior service cost),

and any changes in such policies during the

year; a description of any significant changes in

plan benefits made during the period; a description of material lease commitments, other commitments, and contingent liabilities; a description of agreements and transactions with persons known to be parties in interest; a general

description of priorities upon termination of the
§ 1023 TITLE 29—LABOR Page 372

plan; information concerning whether or not a

tax ruling or determination letter has been obtained; and any other matters necessary to fully

and fairly present the financial statements of

such pension plan.

(3) With respect to all employee benefit plans,

the statement required under paragraph (1) or

(2) shall have attached the following information in separate schedules:

(A) a statement of the assets and liabilities

of the plan aggregated by categories and valued at their current value, and the same data

displayed in comparative form for the end of

the previous fiscal year of the plan;

(B) a statement of receipts and disbursements during the preceding twelve-month period aggregated by general sources and applications;

(C) a schedule of all assets held for investment purposes aggregated and identified by

issue, borrower, or lessor, or similar party to

the transaction (including a notation as to

whether such party is known to be a party in

interest), maturity date, rate of interest, collateral, par or maturity value, cost, and current value;

(D) a schedule of each transaction involving

a person known to be party in interest, the

identity of such party in interest and his relationship or that of any other party in interest

to the plan, a description of each asset to

which the transaction relates; the purchase or

selling price in case of a sale or purchase, the

rental in case of a lease, or the interest rate

and maturity date in case of a loan; expense

incurred in connection with the transaction;

the cost of the asset, the current value of the

asset, and the net gain (or loss) on each transaction;

(E) a schedule of all loans or fixed income

obligations which were in default as of the

close of the plan’s fiscal year or were classified

during the year as uncollectable and the following information with respect to each loan

on such schedule (including a notation as to

whether parties involved are known to be parties in interest): the original principal amount

of the loan, the amount of principal and interest received during the reporting year, the unpaid balance, the identity and address of the

obligor, a detailed description of the loan (including date of making and maturity, interest

rate, the type and value of collateral, and

other material terms), the amount of principal

and interest overdue (if any) and an explanation thereof;

(F) a list of all leases which were in default

or were classified during the year as uncollectable; and the following information with respect to each lease on such schedule (including

a notation as to whether parties involved are

known to be parties in interest): the type of

property leased (and, in the case of fixed assets such as land, buildings, leasehold, and so

forth, the location of the property), the identity of the lessor or lessee from or to whom

the plan is leasing, the relationship of such

lessors and lessees, if any, to the plan, the employer, employee organization, or any other

party in interest, the terms of the lease regarding rent, taxes, insurance, repairs, expenses, and renewal options; the date the

leased property was purchased and its cost,

the date the property was leased and its approximate value at such date, the gross rental

receipts during the reporting period, expenses

paid for the leased property during the reporting period, the net receipts from the lease, the

amounts in arrears, and a statement as to

what steps have been taken to collect amounts

due or otherwise remedy the default;

(G) if some or all of the assets of a plan or

plans are held in a common or collective trust

maintained by a bank or similar institution or

in a separate account maintained by an insurance carrier or a separate trust maintained by

a bank as trustee, the report shall include the

most recent annual statement of assets and liabilities of such common or collective trust,

and in the case of a separate account or a separate trust, such other information as is required by the administrator in order to comply with this subsection; and

(H) a schedule of each reportable transaction, the name of each party to the transaction (except that, in the case of an acquisition or sale of a security on the market, the

report need not identify the person from whom

the security was acquired or to whom it was

sold) and a description of each asset to which

the transaction applies; the purchase or selling price in case of a sale or purchase, the

rental in case of a lease, or the interest rate

and maturity date in case of a loan; expenses

incurred in connection with the transaction;

the cost of the asset, the current value of the

asset, and the net gain (or loss) on each transaction. For purposes of the preceding sentence, the term ‘‘reportable transaction’’

means a transaction to which the plan is a

party if such transaction is—

(i) a transaction involving an amount in

excess of 3 percent of the current value of

the assets of the plan;

(ii) any transaction (other than a transaction respecting a security) which is part of

a series of transactions with or in conjunction with a person in a plan year, if the aggregate amount of such transactions exceeds

3 percent of the current value of the assets

of the plan;

(iii) a transaction which is part of a series

of transactions respecting one or more securities of the same issuer, if the aggregate

amount of such transactions in the plan year

exceeds 3 percent of the current value of the

assets of the plan; or

(iv) a transaction with or in conjunction

with a person respecting a security, if any

other transaction with or in conjunction

with such person in the plan year respecting

a security is required to be reported by reason of clause (i).

(4) The Secretary may, by regulation, relieve

any plan from filing a copy of a statement of assets and liabilities (or other information) described in paragraph (3)(G) if such statement

and other information is filed with the Secretary by the bank or insurance carrier which

maintains the common or collective trust or

separate account.
Page 373 TITLE 29—LABOR § 1023

1So in original.

(c) Information to be furnished by administrator

The administrator shall furnish as a part of a

report under this section the following information:

(1) The number of employees covered by the

plan.

(2) The name and address of each fiduciary.

(3) Except in the case of a person whose compensation is minimal (determined under regulations of the Secretary) and who performs

solely ministerial duties (determined under

such regulations), the name of each person (including but not limited to, any consultant,

broker, trustee, accountant, insurance carrier,

actuary, administrator, investment manager,

or custodian who rendered services to the plan

or who had transactions with the plan) who received directly or indirectly compensation

from the plan during the preceding year for

services rendered to the plan or its participants, the amount of such compensation, the

nature of his services to the plan or its participants, his relationship to the employer of

the employees covered by the plan, or the employee organization, and any other office, position, or employment he holds with any party

in interest.

(4) An explanation of the reason for any

change in appointment of trustee, accountant,

insurance carrier, enrolled actuary, administrator, investment manager, or custodian.

(5) Such financial and actuarial information

including but not limited to the material described in subsections (b) and (d) of this section as the Secretary may find necessary or

appropriate.

(d) Actuarial statement

With respect to an employee pension benefit

plan (other than (A) a profit sharing, savings, or

other plan, which is an individual account plan,

(B) a plan described in section 1081(b) of this

title, or (C) a plan described both in section

1321(b) of this title and in paragraph (1), (2), (3),

(4), (5), (6), or (7) of section 1081(a) of this title)

an annual report under this section for a plan

year shall include a complete actuarial statement applicable to the plan year which shall include the following:

(1) The date of the plan year, and the date of

the actuarial valuation applicable to the plan

year for which the report is filed.

(2) The date and amount of the contribution

(or contributions) received by the plan for the

plan year for which the report is filed and contributions for prior plan years not previously

reported.

(3) The following information applicable to

the plan year for which the report is filed: the

normal costs, the accrued liabilities, an identification of benefits not included in the calculation; a statement of the other facts and

actuarial assumptions and methods used to determine costs, and a justification for any

change in actuarial assumptions or cost methods; and the minimum contribution required

under section 1082 of this title.

(4) The number of participants and beneficiaries, both retired and nonretired, covered

by the plan.

(5) The current value of the assets accumulated in the plan, and the present value of the

assets of the plan used by the actuary in any

computation of the amount of contributions

to the plan required under section 1082 of this

title and a statement explaining the basis of

such valuation of present value of assets.

(6) Information required in regulations of

the Pension Benefit Guaranty Corporation

with respect to:

(A) the current value of the assets of the

plan,

(B) the present value of all nonforfeitable

benefits for participants and beneficiaries

receiving payments under the plan,

(C) the present value of all nonforfeitable

benefits for all other participants and beneficiaries,

(D) the present value of all accrued benefits which are not nonforfeitable (including a

separate accounting of such benefits which

are benefit commitments, as defined in section 1301(a)(16) of this title), and

(E) the actuarial assumptions and techniques used in determining the values described in subparagraphs (A) through (D).

(7) A certification of the contribution necessary to reduce the accumulated funding deficiency to zero.

(8) A statement by the enrolled actuary—

(A) that to the best of his knowledge the

report is complete and accurate, and

(B) the requirements of section 1082(c)(3) of

this title (relating to reasonable actuarial

assumptions and methods) have been complied with.

(9) A copy of the opinion required by subsection (a)(4) of this section.

(10) A statement by the actuary which discloses—

(A) any event which the actuary has not

taken into account, and

(B) any trend which, for purposes of the actuarial assumptions used, was not assumed

to continue in the future,

but only if, to the best of the actuary’s knowledge, such event or trend may require a material increase in plan costs or required contribution rates.

(11) If the current value of the assets of the

plan is less than 70 percent of the current liability under the plan (within the meaning of

section 1082(d)(7) of this title), the percentage

which such value is of such liability..1

(12) Such other information regarding the

plan as the Secretary may by regulation require.

(13) Such other information as may be necessary to fully and fairly disclose the actuarial position of the plan.

Such actuary shall make an actuarial valuation

of the plan for every third plan year, unless he

determines that a more frequent valuation is

necessary to support his opinion under subsection (a)(4) of this section.

(e) Statement from insurance company, insurance service, or other similar organizations

which sell or guarantee plan benefits

If some or all of the benefits under the plan

are purchased from and guaranteed by an insur-
§ 1024 TITLE 29—LABOR Page 374

ance company, insurance service, or other similar organization, a report under this section

shall include a statement from such insurance

company, service, or other similar organization

covering the plan year and enumerating—

(1) the premium rate or subscription charge

and the total premium or subscription charges

paid to each such carrier, insurance service, or

other similar organization and the approximate number of persons covered by each class

of such benefits; and

(2) the total amount of premiums received,

the approximate number of persons covered by

each class of benefits, and the total claims

paid by such company, service, or other organization; dividends or retroactive rate adjustments, commissions, and administrative service or other fees or other specific acquisition

costs paid by such company, service, or other

organization; any amounts held to provide

benefits after retirement; the remainder of

such premiums; and the names and addresses

of the brokers, agents, or other persons to

whom commissions or fees were paid, the

amount paid to each, and for what purpose. If

any such company, service, or other organization does not maintain separate experience

records covering the specific groups it serves,

the report shall include in lieu of the information required by the foregoing provisions of

this paragraph (A) a statement as to the basis

of its premium rate or subscription charge,

the total amount of premiums or subscription

charges received from the plan, and a copy of

the financial report of the company, service,

or other organization and (B) if such company,

service, or organization incurs specific costs in

connection with the acquisition or retention

of any particular plan or plans, a detailed

statement of such costs.

(Pub. L. 93–406, title I, §103, Sept. 2, 1974, 88 Stat.

841; Pub. L. 96–364, title III, §307, Sept. 26, 1980,

94 Stat. 1295; Pub. L. 99–272, title XI, §11016(b)(1),

Apr. 7, 1986, 100 Stat. 272; Pub. L. 100–203, title

IX, §9342(a)(1), Dec. 22, 1987, 101 Stat. 1330–371;

Pub. L. 101–239, title VII, §7881(j)(1), Dec. 19, 1989,

103 Stat. 2442.)

AMENDMENTS

1989—Subsec. (d)(11). Pub. L. 101–239 substituted ‘‘70

percent’’ for ‘‘60 percent’’ and ‘‘the percentage which

such value is of such liability.’’ for ‘‘such percentage’’.

1987—Subsec. (d)(11) to (13). Pub. L. 100–203 added par.

(11) and redesignated former pars. (11) and (12) as (12)

and (13), respectively.

1986—Subsec. (d)(6). Pub. L. 99–272 amended par. (6)

generally. Prior to amendment, par. (6) read as follows:

‘‘The present value of all of the plan’s liabilities for

nonforfeitable pension benefits allocated by the termination priority categories as set forth in section 1344 of

this title, and the actuarial assumptions used in these

computations. The Secretary shall establish regulations defining (for purposes of this section) ‘termination priority categories’ and acceptable methods, including approximate methods, for allocating the plan’s

liabilities to such termination priority categories.’’

1980—Subsec. (d)(10) to (12). Pub. L. 96–364 added par.

(10) and redesignated former pars. (10) and (11) as (11)

and (12), respectively.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by 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.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100–203 applicable with respect to reports required to be filed after Dec. 31, 1987,

see section 9342(d)(1) of Pub. L. 100–203, set out as a note

under section 1132 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99–272 effective Jan. 1, 1986,

with certain exceptions, see section 11019 of Pub. L.

99–272, set out as a note under section 1341 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96–364 effective Sept. 26, 1980,

except as specifically provided, see section 1461(e) 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.

TRANSITION RULES

Section 11016(b)(3) of Pub. L. 99–272 provided that:

‘‘Any regulations, modifications, or waivers which have

been issued by the Secretary of Labor with respect to

section 103(d)(6) of the Employee Retirement Income

Security Act of 1974 [29 U.S.C. 1023(d)(6)] (as in effect

immediately before the date of the enactment of this

Act [Apr. 7, 1986]) shall remain in full force and effect

until modified by any regulations with respect to such

section 103(d)(6) prescribed by the Pension Benefit

Guaranty Corporation.’’

CONSOLIDATION OF ACTUARIAL REPORTS

Secretary of the Treasury and Secretary of Labor to

take such steps as may be necessary to assure coordination to the maximum extent feasible between the actuarial reports required by subsec. (d) of this section

and section 6059 of Title 26, Internal Revenue Code, see

section 1033(c) of Pub. L. 93–406, set out as a note under

section 6059 of Title 26.

SECTION REFERRED TO IN OTHER SECTIONS

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

of this title; title 5 section 8439; title 31 section 9503.

§ 1024. Filing and furnishing of information

(a) Filing of annual report with Secretary

(1) The administrator of any employee benefit

plan subject to this part shall file with the Secretary the annual report for a plan year within

210 days after the close of such year (or within

such time as may be required by regulations

promulgated by the Secretary in order to reduce

duplicative filing). The Secretary shall make

copies of such annual reports available for inspection in the public document room of the Department of Labor.

(2)(A) With respect to annual reports required

to be filed with the Secretary under this part, he

may by regulation prescribe simplified annual

reports for any pension plan which covers less

than 100 participants.

(B) Nothing contained in this paragraph shall

preclude the Secretary from requiring any information or data from any such plan to which this

part applies where he finds such data or information is necessary to carry out the purposes of