443 
quired to provide such notice may make a reasonable 
charge to cover copying, mailing, and other costs of 
furnishing such notice pursuant to paragraph (1). 
The Secretary may by regulations prescribe the max-
imum 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) or (k)’’ and inserting ‘‘subsection (j), 
(k), or (l) of section 101’’. 
(c) NOTICE OF AMENDMENT REDUCING FUTURE AC-
CRUALS.— 
(1) AMENDMENT OF ERISA.—Section 204(h)(1) 
of such Act (29 U.S.C. 1054(h)(1)) is amended by 
inserting at the end before the period the following: 
‘‘and to each employer who has an obligation to con-
tribute to the plan.’’. 
(2) AMENDMENT
OF
INTERNAL
REVENUE 
CODE.—Section 4980F(e)(1) of such Code is amend-
ed by adding at the end before the period the fol-
lowing: ‘‘and to each employer who has an obligation 
to contribute to the plan.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to plan years beginning after De-
cember 31, 2007. 
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444 
SEC. 503. ADDITIONAL ANNUAL REPORTING REQUIRE-
MENTS. 
(a) ADDITIONAL ANNUAL REPORTING REQUIRE-
MENTS WITH RESPECT TO DEFINED BENEFIT PLANS.— 
(1) IN GENERAL.—Section 103 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 
1023) is amended— 
(A) in subsection (a)(1)(B), by striking 
‘‘subsections (d) and (e)’’ and inserting ‘‘sub-
sections (d), (e), and (f)’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(f) ADDITIONAL INFORMATION WITH RESPECT TO 
DEFINED BENEFIT PLANS.— 
‘‘(1) LIABILITIES UNDER 2 OR MORE PLANS.— 
‘‘(A) IN GENERAL.—In any case in which 
any liabilities to participants or their bene-
ficiaries under a defined benefit plan as of the 
end of a plan year consist (in whole or in part) 
of liabilities to such participants and bene-
ficiaries under 2 or more pension plans as of 
immediately before such plan year, an annual 
report under this section for such plan year 
shall include the funded percentage of each of 
such 2 or more pension plans as of the last day 
of such plan year and the funded percentage of 
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445 
the plan with respect to which the annual re-
port is filed as of the last day of such plan 
year. 
‘‘(B) FUNDED
PERCENTAGE.—For pur-
poses of this paragraph, the term ‘funded per-
centage’— 
‘‘(i) in the case of a single-employer 
plan, means the funding target attainment 
percentage, 
as 
defined 
in 
section 
303(d)(2), and 
‘‘(ii) in the case of a multiemployer 
plan, has the meaning given such term in 
section 305(i)(2). 
‘‘(2) ADDITIONAL INFORMATION FOR MULTIEM-
PLOYER PLANS.—With respect to any defined ben-
efit plan which is a multiemployer plan, an annual 
report under this section for a plan year shall in-
clude, in addition to the information required under 
paragraph (1), the following, as of the end of the 
plan year to which the report relates: 
‘‘(A) The number of employers obligated to 
contribute to the plan. 
‘‘(B) A list of the employers that contrib-
uted more than 5 percent of the total contribu-
tions to the plan during such plan year. 
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446 
‘‘(C) The number of participants under the 
plan on whose behalf no contributions were 
made by an employer as an employer of the 
participant for such plan year and for each of 
the 2 preceding plan years. 
‘‘(D) The ratios of— 
‘‘(i) the number of participants under 
the plan on whose behalf no employer had 
an obligation to make an employer con-
tribution during the plan year, to 
‘‘(ii) the number of participants under 
the plan on whose behalf no employer had 
an obligation to make an employer con-
tribution during each of the 2 preceding 
plan years. 
‘‘(E) Whether the plan received an amorti-
zation extension under section 304(d) of this 
Act or section 431(d) of the Internal Revenue 
Code of 1986 for such plan year and, if so, the 
amount of the difference between the minimum 
required contribution for the year and the min-
imum required contribution which would have 
been required without regard to the extension, 
and the period of such extension. 
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447 
‘‘(F) Whether the plan used the shortfall 
funding method (as such term is used in section 
305) for such plan year and, if so, the amount 
of the difference between the minimum required 
contribution for the year and the minimum re-
quired contribution which would have been re-
quired without regard to the use of such meth-
od, and the period of use of such method. 
‘‘(G) Whether the plan was in critical or 
endangered status under section 305 for such 
plan year, and if so, a summary of any funding 
improvement or rehabilitation plan (or modi-
fication thereto) adopted during the plan year, 
and the funded percentage of the plan. 
‘‘(H) The number of employers that with-
drew from the plan during the preceding plan 
year and the aggregate amount of withdrawal 
liability assessed, or estimated to be assessed, 
against such withdrawn employers. 
‘‘(I) In the case of a multiemployer plan 
that has merged with another plan or to which 
assets and liabilities have been transferred, the 
actuarial valuation of the assets and liabilities 
of each affected plan during the year preceding 
the effective date of the merger or transfer, 
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448 
based upon the most recent data available as of 
the day before the first day of the plan year, or 
other valuation method performed under stand-
ards and procedures as the Secretary may pre-
scribe by regulation.’’. 
(2) GUIDANCE BY SECRETARY OF LABOR.—Not 
later than 1 year after the date of enactment of this 
Act, the Secretary of Labor shall publish guidance 
to assist multiemployer defined benefit plans to— 
(A) identify and enumerate plan partici-
pants for whom there is no employer with an 
obligation to make an employer contribution 
under the plan; and 
(B) report such information under section 
103(f)(2)(D) of the Employee Retirement In-
come Security Act of 1974 (as added by this 
section). 
(b) ADDITIONAL INFORMATION IN ANNUAL ACTU-
ARIAL STATEMENT REGARDING PLAN RETIREMENT PRO-
JECTIONS.—Section 103(d) of such Act (29 U.S.C. 
1023(d)) is amended— 
(1) by redesignating paragraphs (12) and (13) 
as paragraphs (13) and (14), respectively; and 
(2) by inserting after paragraph (11) the fol-
lowing new paragraph: 
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449 
‘‘(12) A statement explaining the actuarial as-
sumptions and methods used in projecting future re-
tirements and forms of benefit distributions under 
the plan.’’. 
(c) REPEAL
OF SUMMARY ANNUAL REPORT RE-
QUIREMENT FOR DEFINED BENEFIT PLANS.— 
(1) IN GENERAL.—Section 104(b)(3) of such 
Act (29 U.S.C. 1024(b)(3)) is amended by inserting 
‘‘(other than an administrator of a defined benefit 
plan to which the requirements of section 103(f) ap-
plies)’’ after ‘‘the administrators’’. 
(2) 
CONFORMING
AMENDMENTS.—Section 
101(a)(2) of such Act (29 U.S.C. 1021(a)(2)) is 
amended by inserting ‘‘subsection (f) and’’ before 
‘‘sections 104(b)(3) and 105(a) and (c)’’. 
(d) FURNISHING SUMMARY PLAN INFORMATION TO 
EMPLOYERS
AND
EMPLOYEE
REPRESENTATIVES
OF 
MULTIEMPLOYER PLANS.—Section 104 of such Act (29 
U.S.C. 1024) is amended— 
(1) in the header, by striking ‘‘PARTICI-
PANTS’’ and inserting ‘‘PARTICIPANTS AND CER-
TAIN EMPLOYERS’’; 
(2) redesignating subsection (d) as subsection 
(e); and 
(3) inserting after subsection (c) the following: 
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450 
‘‘(d) FURNISHING SUMMARY PLAN INFORMATION TO 
EMPLOYERS
AND
EMPLOYEE
REPRESENTATIVES
OF 
MULTIEMPLOYER PLANS.— 
‘‘(1) IN GENERAL.—With respect to a multiem-
ployer plan subject to this section, within 30 days 
after the due date under subsection (a)(1) for the 
filing of the annual report for the fiscal year of the 
plan, the administrators shall furnish to each em-
ployee organization and to each employer with an 
obligation to contribute to the plan a report that 
contains— 
‘‘(A) a description of the contribution 
schedules and benefit formulas under the plan, 
and any modification to such schedules and for-
mulas, during such plan year; 
‘‘(B) the number of employers obligated to 
contribute to the plan; 
‘‘(C) a list of the employers that contrib-
uted more than 5 percent of the total contribu-
tions to the plan during such plan year; 
‘‘(D) the number of participants under the 
plan on whose behalf no contributions were 
made by an employer as an employer of the 
participant for such plan year and for each of 
the 2 preceding plan years; 
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451 
‘‘(E) whether the plan was in critical or 
endangered status under section 305 for such 
plan year and, if so, include— 
‘‘(i) a list of the actions taken by the 
plan to improve its funding status; and 
‘‘(ii) a statement describing how a 
person may obtain a copy of the plan’s im-
provement or rehabilitation plan, as appli-
cable, adopted under section 305 and the 
actuarial and financial data that dem-
onstrate any action taken by the plan to-
ward fiscal improvement; 
‘‘(F) the number of employers that with-
drew from the plan during the preceding plan 
year and the aggregate amount of withdrawal 
liability assessed, or estimated to be assessed, 
against such withdrawn employers, as reported 
on the annual report for the plan year to which 
the report under this subsection relates; 
‘‘(G) in the case of a multiemployer plan 
that has merged with another plan or to which 
assets and liabilities have been transferred, the 
actuarial valuation of the assets and liabilities 
of each affected plan during the year preceding 
the effective date of the merger or transfer, 
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ccoleman on PROD1PC71 with BILLS
452 
based upon the most recent data available as of 
the day before the first day of the plan year, or 
other valuation method performed under stand-
ards and procedures as the Secretary may pre-
scribe by regulation; 
‘‘(H) a description as to whether the 
plan— 
‘‘(i) sought or received an amortiza-
tion extension under section 304(d) of this 
Act or section 431(d) of the Internal Rev-
enue Code of 1986 for such plan year; or 
‘‘(ii) used the shortfall funding meth-
od (as such term is used in section 305) 
for such plan year; and 
‘‘(I) notification of the right under this 
section of the recipient to a copy of the annual 
report filed with the Secretary under subsection 
(a), summary plan description, summary of any 
material modification of the plan, upon written 
request, but that— 
‘‘(i) in no case shall a recipient be en-
titled to receive more than one copy of any 
such document described during any one 
12-month period; and 
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ccoleman on PROD1PC71 with BILLS
453 
‘‘(ii) the administrator may make a 
reasonable charge to cover copying, mail-
ing, and other costs of furnishing copies of 
information pursuant to this subpara-
graph. 
‘‘(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection waives any other provision under this title 
requiring plan administrators to provide, upon re-
quest, information to employers that have an obliga-
tion to contribute under the plan.’’. 
(e) MODEL FORM.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary of Labor 
shall publish a model form for providing the statements, 
schedules, and other material required to be provided 
under section 101(f) of the Employee Retirement Income 
Security Act of 1974, as amended by this section. The 
Secretary of Labor may promulgate any interim final rules 
as the Secretary determines appropriate to carry out the 
provisions of this subsection. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall apply to plan years beginning after De-
cember 31, 2007. 
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454 
SEC. 504. ELECTRONIC DISPLAY OF ANNUAL REPORT IN-
FORMATION. 
(a) ELECTRONIC DISPLAY OF INFORMATION.—Sec-
tion 104(b) of such Act (29 U.S.C. 1024(b)) is amended 
by adding at the end the following: 
‘‘(5) Identification and basic plan information and ac-
tuarial information included in the annual report for any 
plan year shall be filed with the Secretary in an electronic 
format which accommodates display on the Internet, in ac-
cordance with regulations which shall be prescribed by the 
Secretary. The Secretary shall provide for display of such 
information included in the annual report, within 90 days 
after the date of the filing of the annual report, on an 
Internet website maintained by the Secretary and other 
appropriate media. Such information shall also be dis-
played on any Intranet website maintained by the plan 
sponsor (or by the plan administrator on behalf of the plan 
sponsor) for the purpose of communicating with employees 
and not the public, in accordance with regulations which 
shall be prescribed by the Secretary.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to plan years beginning after De-
cember 31, 2007. 
SEC. 505. SECTION 4010 FILINGS WITH THE PBGC. 
(a) CHANGE IN CRITERIA FOR PERSONS REQUIRED 
TO PROVIDE INFORMATION TO PBGC.—Section 4010(b) 
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ccoleman on PROD1PC71 with BILLS
455 
of the Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1310(b)) is amended by striking paragraph (1) 
and inserting the following: 
‘‘(1) the funding target attainment percentage 
(as defined in subsection (d)) at the end of the pre-
ceding plan year of a plan maintained by the con-
tributing sponsor or any member of its controlled 
group is less than 80 percent;’’. 
(b) ADDITIONAL INFORMATION REQUIRED.—Section 
4010 of the Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1310) is amended by adding at the end 
the following new subsection: 
‘‘(d) ADDITIONAL INFORMATION REQUIRED.— 
‘‘(1) IN GENERAL.—The information submitted 
to the corporation under subsection (a) shall in-
clude— 
‘‘(A) the amount of benefit liabilities under 
the plan determined using the assumptions used 
by the corporation in determining liabilities; 
‘‘(B) the funding target of the plan deter-
mined as if the plan has been in at-risk status 
for at least 5 plan years; and 
‘‘(C) the funding target attainment per-
centage of the plan. 
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456 
‘‘(2) DEFINITIONS.—For purposes of this sub-
section: 
‘‘(A) FUNDING TARGET.—The term ‘fund-
ing target’ has the meaning provided under sec-
tion 303(d)(1). 
‘‘(B) FUNDING TARGET ATTAINMENT PER-
CENTAGE.—The term ‘funding target attain-
ment percentage’ has the meaning provided 
under section 302(d)(2). 
‘‘(C) AT-RISK STATUS.—The term ‘at-risk 
status’ has the meaning provided in section 
303(i)(4). 
‘‘(e) NOTICE TO CONGRESS.—The corporation shall, 
on an annual basis, submit to the Committee on Health, 
Education, Labor, and Pensions and the Committee on Fi-
nance of the Senate and the Committee on Education and 
the Workforce and the Committee on Ways and Means 
of the House of Representatives, a summary report in the 
aggregate of the information submitted to the corporation 
under this section.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to years beginning 
after 2007. 
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457 
SEC. 506. DISCLOSURE OF TERMINATION INFORMATION TO 
PLAN PARTICIPANTS. 
(a) DISTRESS TERMINATIONS.— 
(1) IN
GENERAL.—Section 4041(c)(2) of the 
Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1341(c)(2)) is amended by adding at the 
end the following: 
‘‘(D) DISCLOSURE
OF
TERMINATION
IN-
FORMATION.— 
‘‘(i) IN GENERAL.—A plan adminis-
trator that has filed a notice of intent to 
terminate under subsection (a)(2) shall 
provide to an affected party any informa-
tion provided to the corporation under sub-
section (a)(2) not later than 15 days 
after— 
‘‘(I) receipt of a request from the 
affected party for the information; or 
‘‘(II) the provision of new infor-
mation to the corporation relating to 
a previous request. 
‘‘(ii) CONFIDENTIALITY.— 
‘‘(I) IN GENERAL.—The plan ad-
ministrator shall not provide informa-
tion under clause (i) in a form that 
includes any information that may di-
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ccoleman on PROD1PC71 with BILLS
458 
rectly or indirectly be associated with, 
or otherwise identify, an individual 
participant or beneficiary. 
‘‘(II) LIMITATION.—A court may 
limit disclosure under this subpara-
graph of confidential information de-
scribed in section 552(b) of title 5, 
United States Code, to any authorized 
representative of the participants or 
beneficiaries that agrees to ensure the 
confidentiality of such information. 
‘‘(iii) FORM AND MANNER OF INFOR-
MATION; CHARGES.— 
‘‘(I) FORM AND MANNER.—The 
corporation may prescribe the form 
and manner of the provision of infor-
mation 
under 
this 
subparagraph, 
which shall include delivery in written, 
electronic, or other appropriate form 
to the extent that such form is rea-
sonably accessible to individuals to 
whom the information is required to 
be provided. 
‘‘(II) REASONABLE CHARGES.—A 
plan administrator may charge a rea-
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ccoleman on PROD1PC71 with BILLS
459 
sonable fee for any information pro-
vided under this subparagraph in 
other than electronic form. 
‘‘(iv) 
AUTHORIZED
REPRESENTA-
TIVE.—For purposes of this subparagraph, 
the term ‘authorized representative’ means 
any employee organization representing 
participants in the pension plan.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
4041(c)(1) of the Employee Retirement Income Se-
curity Act of 1974 (29 U.S.C. 1341(c)(1)) is amend-
ed in subparagraph (C) by striking ‘‘subparagraph 
(B)’’ and inserting ‘‘subparagraphs (B) and (D)’’. 
(b) INVOLUNTARY TERMINATIONS.— 
(1) IN GENERAL.—Section 4042(c) of the Em-
ployee Retirement Income Security Act of 1974 (29 
U.S.C. 1342(c)) is amended by— 
(A) striking ‘‘(c) If the’’ and inserting 
‘‘(c)(1) If the’’; 
(B) redesignating paragraph (3) as para-
graph (2); and 
(C) adding at the end the following: 
‘‘(3) DISCLOSURE OF TERMINATION INFORMA-
TION.— 
‘‘(A) IN GENERAL.— 
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460 
‘‘(i) INFORMATION FROM PLAN SPON-
SOR OR ADMINISTRATOR.—A plan sponsor 
or plan administrator of a single-employer 
plan that has received a notice from the 
corporation of a determination that the 
plan should be terminated under this sec-
tion shall provide to an affected party any 
information provided to the corporation in 
connection with the plan termination. 
‘‘(ii) INFORMATION
FROM
CORPORA-
TION.—The corporation shall provide a 
copy of the administrative record, includ-
ing the trusteeship decision record of a ter-
mination of a plan described under clause 
(i). 
‘‘(B) TIMING OF DISCLOSURE.—The plan 
sponsor, plan administrator, or the corporation, 
as applicable, shall provide the information de-
scribed in subparagraph (A) not later than 15 
days after— 
‘‘(i) receipt of a request from an af-
fected party for such information; or 
‘‘(ii) in the case of information de-
scribed under subparagraph (A)(i), the 
provision of any new information to the 
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