Brief Case

ERISA § 4010 (29 U.S.C. § 1310)

Authority to require certain information
USC 1994 ed., current through 1995-01-04 · superseded Jan 8, 2008 · last amended by Pub. L. 103-465
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Historical text in effect Jan 4, 1995 through Jan 7, 2008. View current · Compare with current
(a) Information required Each person described in subsection (b) of this section shall provide the corporation annually, on or before a date specified by the corporation in regulations, with—
(1) such records, documents, or other information that the corporation specifies in regulations as necessary to determine the liabilities and assets of plans covered by this subchapter; and
(2) copies of such person's audited (or, if unavailable, unaudited) financial statements, and such other financial information as the corporation may prescribe in regulations.
(b) Persons required to provide information The persons covered by subsection (a) of this section are each contributing sponsor, and each member of a contributing sponsor's controlled group, of a single-employer plan covered by this subchapter, if—
(1) the aggregate unfunded vested benefits at the end of the preceding plan year (as determined under section 1306(a)(3)(E)(iii) of this title) of plans maintained by the contributing sponsor and the members of its controlled group exceed $50,000,000 (disregarding plans with no unfunded vested benefits);
(2) the conditions for imposition of a lien described in section 1082(f)(1)(A) and (B) of this title or section 412(n)(1)(A) and (B) of title 26 have been met with respect to any plan maintained by the contributing sponsor or any member of its controlled group; or
(3) minimum funding waivers in excess of $1,000,000 have been granted with respect to any plan maintained by the contributing sponsor or any member of its controlled group, and any portion thereof is still outstanding.
(c) Information exempt from disclosure requirements Any information or documentary material submitted to the corporation pursuant to this section shall be exempt from disclosure under section 552 of title 5, and no such information or documentary material may be made public, except as may be relevant to any administrative or judicial action or proceeding. Nothing in this section is intended to prevent disclosure to either body of Congress or to any duly authorized committee or subcommittee of the Congress.
Source credit, amendments & notes

(Pub. L. 93–406, title IV, §4010, as added Pub. L. 103–465, title VII, §772(a), Dec. 8, 1994, 108 Stat. 5044; amended Pub. L. 109–280, title I, §107(b)(3), title V, §505(a), (b), Aug. 17, 2006, 120 Stat. 819, 946.)

Amendment of Section

Pub. L. 109–280, title I, §107(b)(3), (e), Aug. 17, 2006, 120 Stat. 819, 820, provided that, applicable to plan years beginning after 2007, subsection (b)(2) of this section is amended by substituting “1083(k)(1)(A) and (B)” for “1082(f)(1)(A) and (B)” and “430(k)(1)(A) and (B)” for “412(n)(1)(A) and (B)”.

Pub. L. 109–280, title V, §505, Aug. 17, 2006, 120 Stat. 946, provided that, applicable with respect to years beginning after 2007, this section is amended as follows:

(1) in subsection (b), by striking out paragraph (1) and by adding a new paragraph (1) to read as follows:

(2) by adding subsections (d) and (e) to read as follows:

Effective Date of 2006 Amendment

Amendment by section 107(b)(3) of Pub. L. 109–280 applicable to plan years beginning after 2007, see section 107(e) of Pub. L. 109–280, set out as a note under section 1021 of this title.

Pub. L. 109–280, title V, §505(c), Aug. 17, 2006, 120 Stat. 946, provided that: “The amendments made by this section [amending this section] shall apply with respect to years beginning after 2007.”

Effective Date

Section 772(c) of Pub. L. 103–465 provided that: “The amendments made by this section [enacting this section] shall be effective on the date of enactment of this Act [Dec. 8, 1994].”

Applicability of Amendments by Subtitles A and B of Title I of Pub. L. 109–280

For special rules on applicability of amendments by subtitles A (§§101–107) and B (§§111–116) of title I of Pub. L. 109–280 to certain eligible cooperative plans, PBGC settlement plans, and eligible government contractor plans, see sections 104, 105, and 106 of Pub. L. 109–280, set out as notes under section 401 of Title 26, Internal Revenue Code.

ERISA § 4010 (29 U.S.C. § 1310) — Authority to require certain information · USC 1994 ed., current through 1995-01-04 · https://pensionresource.website/EAMain?content=EAMain.Law&id=usc29-1310&asof=1995-01-04 · printed Oct 16, 2026
On this page
  • (a) Information required
  • (b) Persons required to provide information
  • (c) Information exempt from disclosure requirements
Cited by (code & regs)
PBGC Regulations
Guidance addressing this section
PBGC
Final Rules
Proposed Rules
Also cited in 18 other documents
PBGC
Proposed Rules
  • 91 FR 45739Proposed Jul 21, 2026 — Penalties for Failure To Provide Certain Notices or Other Material Information Comments due Sep 21, 2026 (a)(2)(b)
  • 90 FR 6894Proposed Jan 21, 2025 — Miscellaneous Corrections, Clarifications, and Improvements Comments due Mar 24, 2025 (a)(12)
  • 88 FR 56563Proposed Aug 18, 2023 — Valuation Assumptions and Methods Comments due Oct 17, 2023
  • 85 FR 64425Proposed Oct 13, 2020 — Examination and Copying of PBGC Records Comments due Dec 14, 2020
  • 84 FR 30666Proposed Jun 27, 2019 — Miscellaneous Corrections, Clarifications, and Improvements Comments due Aug 26, 2019 (a)(a)(1)(a)(2)(b)(2)(d)(2)(h)
  • 78 FR 20039Proposed Apr 3, 2013 — Reportable Events and Certain Other Notification Requirements Comments due Jun 3, 2013 (d)(1)(ii)
  • 75 FR 48283Proposed Aug 10, 2010 — Liability for Termination of Single-Employer Plans; Treatment of Substantial Cessation of Operations Comments due Oct 12, 2010 (a)(11)
Final Rules
Department of Labor (EBSA)
Proposed Rules
  • 81 FR 47534Proposed Jul 21, 2016 — Proposed Revision of Annual Information Return/Reports Comments due Oct 4, 2016
  • 75 FR 70625Proposed Nov 18, 2010 — Annual Funding Notice for Defined Benefit Plans Comments due Jan 18, 2011 (c)
Final Rules
  • 80 FR 5626 Feb 2, 2015 — Annual Funding Notice for Defined Benefit Plans
IRS / Treasury
Notices
  • Notice 2012-61 Oct 15, 2012 — This notice provides guidance on the special rules relating to pension funding stabilization for single employer defined benefit pension plans under amendments…

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Each row is a version of the text as published by the official source. Code dates are the edition/release point that first reflected the change; regulation dates are eCFR effective dates. The library checks the official sources automatically, so new versions appear here on their own; “run” opens the sync that recorded a version.

EffectiveThroughSourceAmended by
Jan 4, 1995Jan 7, 2008USC 1994 ed., current through 1995-01-04 run 49Pub. L. 103-465View
Jan 8, 2008Jan 4, 2009USC 2007 ed., current through 2008-01-08 run 103Pub. L. 109-280View · Redline (sign in)
Jan 5, 2009Jan 14, 2013USC 2008 ed., current through 2009-01-05 run 106Pub. L. 110-458View · Redline (sign in)
Jan 15, 2013Jan 4, 2015USC 2013 ed., current through 2014-01-16 run 13Pub. L. 112-141View · Redline (sign in)
Jan 5, 2015Jan 5, 2017USC 2014 ed., current through 2015-01-05 run 14Pub. L. 113-97View · Redline (sign in)
Jan 6, 2017Jan 23, 2020USC 2016 ed., current through 2017-01-06 run 16Pub. L. 113-97View · Redline (sign in)
Jan 24, 2020currentUSC 2024 ed., current through 2025-01-06 run 1Pub. L. 113-97View · Redline (sign in)
Provision-level history (blame)