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Code · STATUTE-COMPILATIONS · Consolidated and Further Continuing Appropriations Act, 2015 · Sec. 111

Sec. 111. REQUIRED DISCLOSURE OF MULTIEMPLOYER PLAN INFORMATION

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## SEC. 111 REQUIRED DISCLOSURE OF MULTIEMPLOYER PLAN INFORMATION ###
(a)In general Section 101(k)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021(k)(1)) is amended to read as follows: > > #### “(1) In general > > Each administrator of a defined benefit plan that is a multiemployer plan shall, upon written request, furnish to any plan participant or beneficiary, employee representative, or any employer that has an obligation to contribute to the plan a copy of— > > > ##### “(A) > > the current plan document (including any amendments thereto), > > > ##### “(B) > > the latest summary plan description of the plan, > > > ##### “(C) > > the current trust agreement (including any amendments thereto), or any other instrument or agreement under which the plan is established or operated, > > > ##### “(D) > > in the case of a request by an employer, any participation agreement with respect to the plan for such employer that relates to the employer’s plan participation during the current or any of the 5 immediately preceding plan years, > > > ##### “(E) > > the annual report filed under section 104 for any plan year, > > > ##### “(F) > > the plan funding notice provided under subsection
(f)for any plan year, > > > ##### “(G) > > any periodic actuarial report (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, > > > ##### “(H) > > 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, > > > ##### “(I) > > audited financial statements of the plan for any plan year, > > > ##### “(J) > > any application filed with the Secretary of the Treasury requesting an extension under section 304(d) of this Act or section 431(d) of the Internal Revenue Code of 1986 and the determination of such Secretary pursuant to such application, and > > > ##### “(K) > > in the case of a plan which was in critical or endangered status under section 305 for a plan year, the latest funding improvement or rehabilitation plan, and the contribution schedules applicable with respect to such funding improvement or rehabilitation plan (other than a contribution schedule applicable to a specific employer).” > . ###
(b)Limitations on Disclosure Section 101(k)(3) of such Act (29 U.S.C. 1021(k)(3)) is amended by striking the 1st sentence and inserting the following: “In no case shall a participant, beneficiary, employee representative, or employer be entitled under this subsection to receive more than one copy of any document described in paragraph
(1)during any one 12-month period, or, in the case of any document described in subparagraph (E), (F), (G),
(H)or
(I)of paragraph (1), a copy of any such document that as of the date on which the request is received by the administrator, has been in the administrator’s possession for 6 years or more. If the administrator provides a copy of a document described in paragraph
(1)to any person upon request, the administrator shall be considered as having met any obligation the administrator may have under any other provision of this title to furnish a copy of the same document to such person upon request.”. ###
(c)Retention of Records Section 107 of such Act (29 U.S.C. 1027) is amended— ####
(1)by inserting “(including the documents described in subparagraphs
(E)through
(I)of section 101(k))” after “file any report”; and ####
(2)by inserting “a copy of such report and” after “shall maintain”. ###
(d)Civil Enforcement Section 502(a) of such Act (29 U.S.C. 1132(a)) is amended— ####
(1)in paragraph (9), by striking “or” at the end; ####
(2)in paragraph (10), by striking the period at the end and inserting “; or”; and ####
(3)by adding at the end the following: > > #### “(11) > > in the case of a multiemployer plan, by an employee representative, or any employer that has an obligation to contribute to the plan,
(A)to enjoin any act or practice which violates subsection
(k)of section 101 (or, in the case of an employer, subsection
(l)of such section), or
(B)to obtain appropriate equitable relief
(i)to redress such violation or
(ii)to enforce such subsection.” > . ###
(e)Effective Date **[**[29 U.S.C. 1021 note](/us/usc/t29/s1021)**]** The amendments made by this section shall apply with respect to plan years beginning after December 31, 2014. ## Subtitle B Multiemployer Plan Mergers and Partitions
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Sec. 111
REQUIRED DISCLOSURE OF MULTIEMPLOYER PLAN INFORMATION
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