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 infor-
mation 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 Secu-
rity Act of 1974 to require persons who are plan admin-
istrators of employee pension benefit plans or provide 
administrative services to such plans, and who also pro-
vide 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Truth in Automobile 
Insurance Rates Act of 2005’’. 
SEC. 2. INFORMATION REQUIRED TO BE SUBMITTED TO 
THE FEDERAL TRADE COMMISSION RELAT-
ING TO AUTOMOBILE INSURANCE COVERAGE. 
(a) IN GENERAL.—Section 101 of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 1021) 
is amended— 
(1) by redesignating subsection (j) as sub-
section (k); and 
(2) by inserting after subsection (i) the fol-
lowing new subsection: 
‘‘(j) SUBMISSION TO THE FEDERAL TRADE COMMIS-
SION OF CERTAIN INFORMATION RELATING TO AUTO-
MOBILE INSURANCE COVERAGE.— 
‘‘(1) IN GENERAL.—Any person who is, during 
any calendar year, the plan administrator of an em-
ployee pension benefit plan or provides administra-
tive services to such a plan and who— 
‘‘(A) also offers automobile insurance cov-
erage during such year in a State in which a 
participant or beneficiary under the plan re-
sides, or 
‘‘(B) provides during such calendar year to 
any person offering automobile insurance cov-
erage in such state any identifying information 
relating to any participant or beneficiary under 
the plan, 
shall provide annually to the Federal Trade Commis-
sion the information described in paragraph (2). 
Such person shall certify annually to the Secretary 
compliance with the requirements of this subsection. 
‘‘(2) REQUIRED INFORMATION.— 
‘‘(A) IN GENERAL.—The information de-
scribed in this paragraph consists of the fol-
lowing: 
‘‘(i) The total amount collected in the 
year reported on, by each person specified 
in subparagraph (B), in insurance pre-
miums on automobile insurance from auto-
mobile insurance policyholders in the 
State. 
‘‘(ii) The total amount that each per-
son specified in subparagraph (B) paid out 
in the year reported on in automobile in-
surance claims in response to the claims 
filed by automobile insurance policyholders 
in such State. 
‘‘(iii) The total amount added in the 
year reported on, by each person specified
in subparagraph (B), to such person’s re-
serve balance for automobile insurance 
claims filed by automobile insurance policy-
holders in such State. 
‘‘(B) SPECIFIED
PERSONS.—The persons 
specified in this subparagraph are the person 
described in paragraph (1), each person pro-
vided identifying information (as described in 
paragraph (1)(B)) by the person described in 
paragraph (1), and each person related to any 
of the foregoing. 
‘‘(3) RELATED PERSON.—For purposes of this 
subsection— 
‘‘(A) a person is ‘related’ to any other per-
son if such persons are under common control, 
and 
‘‘(B) the determination of whether two or 
more persons are under ‘common control’ shall 
be made under regulations of the Secretary 
which are consistent and coextensive with regu-
lations prescribed for similar purposes by the 
Secretary of the Treasury under subsections (b) 
and (c) of section 414 of the Internal Revenue 
Code of 1986.’’.
SEC. 3. EFFECTIVE DATE. 
The amendments made by this Act shall apply with 
respect to plan years beginning on or after January 1, 
2007. 
Æ