Page:United States Statutes at Large Volume 120.djvu/973

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[120 STAT. 942]
PUBLIC LAW 109-000—MMMM. DD, 2006
[120 STAT. 942]

120 STAT. 942

PUBLIC LAW 109–280—AUG. 17, 2006

SEC. 503. ADDITIONAL ANNUAL REPORTING REQUIREMENTS.

(a) ADDITIONAL ANNUAL REPORTING REQUIREMENTS 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 ‘‘subsections (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 beneficiaries 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 beneficiaries 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 the plan with respect to which the annual report is filed as of the last day of such plan year. ‘‘(B) FUNDED PERCENTAGE.—For purposes of this paragraph, the term ‘funded percentage’— ‘‘(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 MULTIEMPLOYER PLANS.—With respect to any defined benefit plan which is a multiemployer plan, an annual report under this section for a plan year shall include, 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 contributed more than 5 percent of the total contributions to the plan during such plan year. ‘‘(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 contribution 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 contribution during each of the 2 preceding plan years. ‘‘(E) Whether the plan received an amortization extension under section 304(d) of this Act or section 431(d) of the Internal Revenue Code of 1986 for such plan year

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