432 
‘‘(I) retired or separated from 
service and are receiving benefits, 
‘‘(II) retired or separated partici-
pants entitled to future benefits, and 
‘‘(III) active participants under 
the plan, 
‘‘(iv) a statement setting forth the 
funding policy of the plan and the asset al-
location of investments under the plan (ex-
pressed as percentages of total assets) as 
of the end of the plan year to which the 
notice relates, 
‘‘(v) in the case of a multiemployer 
plan, whether the plan was in critical or 
endangered status under section 305 for 
such plan year and, if so— 
‘‘(I) a statement describing how 
a person may obtain a copy of the 
plan’s funding improvement or reha-
bilitation plan, as appropriate, adopt-
ed under section 305 and the actu-
arial and financial data that dem-
onstrate any action taken by the plan 
toward fiscal improvement, and 
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433 
‘‘(II) a summary of any funding 
improvement plan, rehabilitation plan, 
or modification thereof adopted under 
section 305 during the plan year to 
which the notice relates, 
‘‘(vi) in the case of any plan amend-
ment, scheduled benefit increase or reduc-
tion, or other known event taking effect in 
the current plan year and having a mate-
rial effect on plan liabilities or assets for 
the year (as defined in regulations by the 
Secretary), an explanation of the amend-
ment, schedule increase or reduction, or 
event, and a projection to the end of such 
plan year of the effect of the amendment, 
scheduled increase or reduction, or event 
on plan liabilities, 
‘‘(vii)(I) in the case of a single-em-
ployer plan, a summary of the rules gov-
erning termination of single-employer plans 
under subtitle C of title IV, or 
‘‘(II) in the case of a multiemployer 
plan, a summary of the rules governing re-
organization or insolvency, including the 
limitations on benefit payments, 
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434 
‘‘(viii) a general description of the 
benefits under the plan which are eligible 
to be guaranteed by the Pension Benefit 
Guaranty Corporation, along with an ex-
planation of the limitations on the guar-
antee and the circumstances under which 
such limitations apply, 
‘‘(ix) a statement that a person may 
obtain a copy of the annual report of the 
plan filed under section 104(a) upon re-
quest, through the Internet website of the 
Department of Labor, or through an 
Intranet website maintained by the appli-
cable plan sponsor (or plan administrator 
on behalf of the plan sponsor), and 
‘‘(x) if applicable, a statement that 
each contributing sponsor, and each mem-
ber of the contributing sponsor’s controlled 
group, of the single-employer plan was re-
quired to provide the information under 
section 4010 for the plan year to which the 
notice relates. 
‘‘(C) OTHER INFORMATION.—Each notice 
under paragraph (1) shall include— 
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435 
‘‘(i) in the case of a multiemployer 
plan, a statement that the plan adminis-
trator shall provide, upon written request, 
to any labor organization representing plan 
participants and beneficiaries and any em-
ployer that has an obligation to contribute 
to the plan, a copy of the annual report 
filed with the Secretary under section 
104(a), and 
‘‘(ii) any additional information which 
the plan administrator elects to include to 
the extent not inconsistent with regulations 
prescribed by the Secretary. 
‘‘(3) TIME FOR PROVIDING NOTICE.— 
‘‘(A) IN
GENERAL.—Any notice under 
paragraph (1) shall be provided not later than 
120 days after the end of the plan year to 
which the notice relates. 
‘‘(B) EXCEPTION FOR SMALL PLANS.—In 
the case of a small plan (as such term is used 
under section 303(g)(2)(B)) any notice under 
paragraph (1) shall be provided upon filing of 
the annual report under section 104(a). 
‘‘(4) FORM AND MANNER.—Any notice under 
paragraph (1)— 
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ccoleman on PROD1PC71 with BILLS
436 
‘‘(A) shall be provided in a form and man-
ner prescribed in regulations of the Secretary, 
‘‘(B) shall be written in a manner so as to 
be understood by the average plan participant, 
and 
‘‘(C) may be provided in written, elec-
tronic, or other appropriate form to the extent 
such form is reasonably accessible to persons to 
whom the notice is required to be provided.’’. 
(b) REPEAL OF NOTICE TO PARTICIPANTS OF FUND-
ING STATUS.— 
(1) IN GENERAL.—Title IV of such Act (29 
U.S.C. 1301 et seq.) is amended by striking section 
4011. 
(2) CLERICAL AMENDMENT.—Section 1 of such 
Act is amended in the table of contents by striking 
the item relating to section 4011. 
(c) MODEL NOTICE.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary of Labor 
shall publish a model version of the notice required by sec-
tion 101(f) of the Employee Retirement Income Security 
Act of 1974. The Secretary of Labor may promulgate any 
interim final rules as the Secretary determines appropriate 
to carry out the provisions of this subsection. 
(d) EFFECTIVE DATE.— 
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437 
(1) IN GENERAL.—The amendments made by 
this section shall apply to plan years beginning after 
December 31, 2007, except that the amendment 
made by subsection (b) shall apply to plan years be-
ginning after December 31, 2006. 
(2) 
TRANSITION
RULE.—Any 
requirement 
under section 101(f) of the Employee Retirement In-
come Security Act of 1974 (as amended by this sec-
tion) to report the funding target attainment per-
centage or funded percentage of a plan with respect 
to any plan year beginning before January 1, 2008, 
shall be treated as met if the plan reports— 
(A) in the case of a plan year beginning in 
2006, the funded current liability percentage 
(as defined in section 302(d)(8) of such Act) of 
the plan for such plan year, and 
(B) in the case of a plan year beginning in 
2007, the funding target attainment percentage 
or funded percentage as determined using such 
methods of estimation as the Secretary of the 
Treasury may provide. 
SEC. 502. ACCESS TO MULTIEMPLOYER PENSION PLAN IN-
FORMATION. 
(a) FINANCIAL INFORMATION WITH RESPECT
TO 
MULTIEMPLOYER PLANS.— 
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438 
(1) IN GENERAL.—Section 101 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 
1021), as amended by section 103, is amended— 
(A) by redesignating subsection (k) as sub-
section (l); and 
(B) by inserting after subsection (j) the 
following new subsection: 
‘‘(k) MULTIEMPLOYER PLAN INFORMATION MADE 
AVAILABLE ON REQUEST.— 
‘‘(1) IN
GENERAL.—Each administrator of a 
multiemployer plan shall, upon written request, fur-
nish to any plan participant or beneficiary, employee 
representative, or any employer that has an obliga-
tion to contribute to the plan— 
‘‘(A) a copy of any periodic actuarial re-
port (including any sensitivity testing) received 
by the plan for any plan year which has been 
in the plan’s possession for at least 30 days, 
‘‘(B) a copy of any quarterly, semi-annual, 
or annual financial report prepared for the plan 
by any plan investment manager or advisor or 
other fiduciary which has been in the plan’s 
possession for at least 30 days, and 
‘‘(C) a copy of any application filed with 
the Secretary of the Treasury requesting an ex-
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ccoleman on PROD1PC71 with BILLS
439 
tension under section 304 of this Act or section 
431(d) of the Internal Revenue Code of 1986 
and the determination of such Secretary pursu-
ant to such application. 
‘‘(2) COMPLIANCE.—Information required to be 
provided under paragraph (1) — 
‘‘(A) shall be provided to the requesting 
participant, beneficiary, or employer within 30 
days after the request in a form and manner 
prescribed in regulations of the Secretary, 
‘‘(B) may be provided in written, elec-
tronic, or other appropriate form to the extent 
such form is reasonably accessible to persons to 
whom the information is required to be pro-
vided, and 
‘‘(C) shall not— 
‘‘(i) include any individually identifi-
able information regarding any plan partic-
ipant, beneficiary, employee, fiduciary, or 
contributing employer, or 
‘‘(ii) reveal any proprietary informa-
tion regarding the plan, any contributing 
employer, or entity providing services to 
the plan. 
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ccoleman on PROD1PC71 with BILLS
440 
‘‘(3) LIMITATIONS.—In no case shall a partici-
pant, beneficiary, or employer be entitled under this 
subsection to receive more than one copy of any re-
port or application described in paragraph (1) dur-
ing any one 12-month period. The administrator 
may make a reasonable charge to cover copying, 
mailing, and other costs of furnishing copies of in-
formation pursuant to paragraph (1). The Secretary 
may by regulations prescribe the maximum amount 
which will constitute a reasonable charge under the 
preceding sentence.’’. 
(2) ENFORCEMENT.—Section 502(c)(4) of such 
Act (29 U.S.C. 1132(c)(4)) is amended by striking 
‘‘section 101(j)’’ and inserting ‘‘subsection (j) or (k) 
of section 101’’. 
(3) REGULATIONS.—The Secretary shall pre-
scribe regulations under section 101(k)(2) of the 
Employee Retirement Income Security Act of 1974 
(as added by paragraph (1)) not later than 1 year 
after the date of the enactment of this Act. 
(b) NOTICE OF POTENTIAL WITHDRAWAL LIABILITY 
TO MULTIEMPLOYER PLANS.— 
(1) IN GENERAL.—Section 101 of such Act (as 
amended by subsection (a)) is amended— 
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441 
(A) by redesignating subsection (l) as sub-
section (m); and 
(B) by inserting after subsection (k) the 
following new subsection: 
‘‘(l) NOTICE OF POTENTIAL WITHDRAWAL LIABIL-
ITY.— 
‘‘(1) IN GENERAL.—The plan sponsor or ad-
ministrator of a multiemployer plan shall, upon writ-
ten request, furnish to any employer who has an ob-
ligation to contribute to the plan a notice of— 
‘‘(A) the estimated amount which would be 
the amount of such employer’s withdrawal li-
ability under part 1 of subtitle E of title IV if 
such employer withdrew on the last day of the 
plan year preceding the date of the request, and 
‘‘(B) an explanation of how such estimated 
liability amount was determined, including the 
actuarial assumptions and methods used to de-
termine the value of the plan liabilities and as-
sets, the data regarding employer contributions, 
unfunded vested benefits, annual changes in the 
plan’s unfunded vested benefits, and the appli-
cation of any relevant limitations on the esti-
mated withdrawal liability. 
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ccoleman on PROD1PC71 with BILLS
442 
For purposes of subparagraph (B), the term ‘em-
ployer contribution’ means, in connection with a par-
ticipant, a contribution made by an employer as an 
employer of such participant. 
‘‘(2) COMPLIANCE.—Any notice required to be 
provided under paragraph (1)— 
‘‘(A) shall be provided in a form and man-
ner prescribed in regulations of the Secretary to 
the requesting employer within— 
‘‘(i) 180 days after the request, or 
‘‘(ii) subject to regulations of the Sec-
retary, such longer time as may be nec-
essary in the case of a plan that deter-
mines withdrawal liability based on any 
method described under paragraph (4) or 
(5) of section 4211(c); and 
‘‘(B) may be provided in written, elec-
tronic, or other appropriate form to the extent 
such form is reasonably accessible to employers 
to whom the information is required to be pro-
vided. 
‘‘(3) LIMITATIONS.—In no case shall an em-
ployer be entitled under this subsection to receive 
more than one notice described in paragraph (1) 
during any one 12-month period. The person re-
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