(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