(a) Except as provided in subsection (b) of this section, the contents of the annual reports, statements, and other documents filed with the Secretary pursuant to this part shall be public information and the Secretary shall make any such information and data available for inspection in the public document room of the Department of Labor. The Secretary may use the information and data for statistical and research purposes, and compile and publish such studies, analyses, reports, and surveys based thereon as he may deem appropriate.
(b) Information described in
sections 1025(a) and
1025(c) of this title with respect to a participant may be disclosed only to the extent that information respecting that participant's benefits under title II of the Social Security Act [
42 U.S.C. 401 et seq.] may be disclosed under such Act.
Source credit, amendments & notes
(Pub. L. 93–406, title I, §106, Sept. 2, 1974, 88 Stat. 850; Pub. L. 101–239, title VII, §7894(b)(6), Dec. 19, 1989, 103 Stat. 2448; Pub. L. 105–34, title XV, §1503(d)(4), Aug. 5, 1997, 111 Stat. 1062.)
References in Text
The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social Security Act is classified generally to subchapter II (§401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments
1997—Subsec. (a). Pub. L. 105–34 struck out “descriptions,” before “annual reports,”.
1989—Subsec. (b). Pub. L. 101–239 substituted “sections” for “section”.
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.
ERISA § 106 (29 U.S.C. § 1026) — Reports made public information · USC 2013 ed., current through 2014-01-16 · https://pensionresource.website/EAMain?content=EAMain.Law&id=usc29-1026&asof=1998-01-26 · printed Oct 16, 2026