120 STAT. 946
PUBLIC LAW 109–280—AUG. 17, 2006
SEC. 505. SECTION 4010 FILINGS WITH THE PBGC.
(a) CHANGE
29 USC 1310 note.
CRITERIA FOR PERSONS REQUIRED TO PROVIDE INFORMATION TO PBGC.—Section 4010(b) 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 preceding plan year of a plan maintained by the contributing 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 include— ‘‘(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 determined as if the plan has been in at-risk status for at least 5 plan years; and ‘‘(C) the funding target attainment percentage of the plan. ‘‘(2) DEFINITIONS.—For purposes of this subsection: ‘‘(A) FUNDING TARGET.—The term ‘funding target’ has the meaning provided under section 303(d)(1). ‘‘(B) FUNDING TARGET ATTAINMENT PERCENTAGE.—The term ‘funding target attainment 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 Finance 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. IN
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 INFORMATION.— ‘‘(i) IN GENERAL.—A plan administrator that has filed a notice of intent to terminate under subsection (a)(2) shall provide to an affected party any information provided to the corporation under subsection (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 information to the corporation relating to a previous request.
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