Source
(Pub. L. 93–406, title I, § 104, Sept. 2, 1974, 88 Stat. 847; Pub. L. 99–272, title XI, § 11016(b)(2), Apr. 7, 1986, 100 Stat. 273; Pub. L. 100–203, title IX, § 9342(a)(2), Dec. 22, 1987, 101 Stat. 1330–371; Pub. L. 101–239, title VII, § 7894(b)(3), (4), Dec. 19, 1989, 103 Stat. 2448; Pub. L. 104–191, title I, § 101(c)(1), Aug. 21, 1996, 110 Stat. 1951; Pub. L. 104–204, title VI, § 603(b)(3)(D), Sept. 26, 1996, 110 Stat. 2938; Pub. L. 105–34, title XV, § 1503(c)(1), (2)(A), (d)(1)–(3), Aug. 5, 1997, 111 Stat. 1062; Pub. L. 109–280, title V, §§ 503(c)(1), (d),
504
(a), Aug. 17, 2006, 120 Stat. 943–945.)
Amendments
2006—
Pub. L. 109–280, § 503(d)(1), substituted “participants and certain employers” for “participants” in section catchline.
Subsec. (b)(3).
Pub. L. 109–280, § 503(c)(1), which directed amendment of par. (3) by inserting “(other than an administrator of a defined benefit plan to which the requirements of section
1023
(f) of this title applies)” after “the administrators”, was executed by making the insertion after “the administrator”, to reflect the probable intent of Congress.
Subsec. (b)(5).
Pub. L. 109–280, § 504(a), added par. (5).
Subsecs. (d), (e).
Pub. L. 109–280, § 503(d)(2), (3), added subsec. (d) and redesignated former subsec. (d) as (e).
1997—Subsec. (a)(1).
Pub. L. 105–34, § 1503(c)(1), amended par. (1) generally, substituting present provisions for provisions requiring filing of annual report, plan description, summary plan description, as well as modifications and changes in plan descriptions.
Subsec. (a)(6).
Pub. L. 105–34, § 1503(c)(2)(A), added par. (6).
Subsec. (b)(1).
Pub. L. 105–34, § 1503(d)(1), substituted “section
1022
(a) of this title” for “section
1022
(a)(1) of this title” wherever appearing.
Subsec. (b)(2).
Pub. L. 105–34, § 1503(d)(2), substituted “the latest updated summary plan description and” for “the plan description and”.
Subsec. (b)(4).
Pub. L. 105–34, § 1503(d)(3), struck out “plan description” before “, plan description, and the latest annual report”.
1996—Subsec. (b)(1).
Pub. L. 104–204 made technical amendment to references in original act which appear in text as references to section
1191b of this title.
Pub. L. 104–191, in closing provisions, substituted “1022(a)(1) of this title (other than a material reduction in covered services or benefits provided in the case of a group health plan (as defined in section
1191b
(a)(1) of this title)),” for “1022(a)(1) of this title,” and inserted at end “If there is a modification or change described in section
1022
(a)(1) of this title that is a material reduction in covered services or benefits provided under a group health plan (as defined in section
1191b
(a)(1) of this title), a summary description of such modification or change shall be furnished to participants and beneficiaries not later than 60 days after the date of the adoption of the modification or change. In the alternative, the plan sponsors may provide such description at regular intervals of not more than 90 days. The Secretary shall issue regulations within 180 days after August 21, 1996, providing alternative mechanisms to delivery by mail through which group health plans (as so defined) may notify participants and beneficiaries of material reductions in covered services or benefits.”
1989—Subsec. (a)(5)(B).
Pub. L. 101–239, § 7894(b)(3), substituted a comma for period at end.
Subsec. (b)(1).
Pub. L. 101–239, § 7894(b)(4), struck out comma after “summary”.
1987—Subsec. (b)(3).
Pub. L. 100–203 inserted “(including the percentage determined under section
1023
(d)(11) of this title)” after “material”.
1986—Subsec. (a)(2)(A).
Pub. L. 99–272 struck out provision permitting the Secretary to waive or modify the requirements of section
1023
(d)(6) of this title if he found that the interests of the plan participants were not harmed and the expense of compliance was not justified by the needs of the participants, the Pension Benefit Guaranty Corporation, and the Department of Labor for some portion or all of the information otherwise required under section
1023
(d)(6) of this title.
Effective Date of 2006 Amendment
Amendment by section 503(c)(1), (d) of
Pub. L. 109–280 applicable to plan years beginning after Dec. 31, 2007, see section 503(f) of
Pub. L. 109–280, set out as a note under section
1021 of this title.
Pub. L. 109–280, title V, § 504(b), Aug. 17, 2006,
120 Stat. 945, provided that: “The amendment made by this section [amending this section] shall apply to plan years beginning after December 31, 2007.”
Effective Date of 1996 Amendments
Amendment by
Pub. L. 104–204 applicable with respect to group health plans for plan years beginning on or after Jan. 1, 1998, see section 603(c) of
Pub. L. 104–204 set out as a note under section
1003 of this title.
Amendment by
Pub. L. 104–191 applicable with respect to group health plans for plan years beginning after June 30, 1997, except as otherwise provided, see section 101(g) of
Pub. L. 104–191, set out as an Effective Date note under section
1181 of this title.
Effective Date of 1989 Amendment
Amendment by
Pub. L. 101–239 effective, except as otherwise provided, as if originally included in the provision of the Employee Retirement Income Security Act of 1974,
Pub. L. 93–406, to which such amendment relates, see section 7894(i) of
Pub. L. 101–239, set out as a note under section
1002 of this title.
Effective Date of 1987 Amendment
Amendment by
Pub. L. 100–203 applicable with respect to reports required to be filed after Dec. 31, 1987, see section 9342(d)(1) of
Pub. L. 100–203, set out as a note under section
1132 of this title.
Effective Date of 1986 Amendment
Amendment by
Pub. L. 99–272 effective Jan. 1, 1986, with certain exceptions, see section 11019 of
Pub. L. 99–272, set out as a note under section
1341 of this title.
Regulations
Secretary authorized, effective Sept. 2, 1974, to promulgate regulations wherever provisions of this subchapter call for the promulgation of regulations, see section
1031 of this title.