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29 U.S.C. § 1030a — Eliminating unnecessary plan requirements related to unenrolled participants
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding any other provision of this subchapter, with respect to any individual account plan, no disclosure, notice, or other plan document (other than the notices and documents described in paragraphs (1) and (2)) shall be required to be furnished under this subchapter to any unenrolled participant if the unenrolled participant is furnished—
(1) an annual reminder notice of such participant’s eligibility to participate in such plan and any applicable election deadlines under the plan; and
(2) any document requested by such participant that the participant would be entitled to receive notwithstanding this section.
**(b) Unenrolled participant** For purposes of this section, the term “unenrolled participant” means an employee who—
(1) is eligible to participate in an individual account plan;
(2) has been furnished—
(A) the summary plan description pursuant to [section 1024(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1024/b&num=0&edition=prelim), and
(B) any other notices related to eligibility under the plan required to be furnished under this subchapter, or the Internal Revenue Code of 1986, in connection with such participant’s initial eligibility to participate in such plan;
(3) is not participating in such plan; and
(4) satisfies such other criteria as the Secretary of Labor may determine appropriate, as prescribed in guidance issued in consultation with the Secretary of Treasury.
For purposes of this section, any eligibility to participate in the plan following any period for which such employee was not eligible to participate shall be treated as initial eligibility.
**(c) Annual reminder notice** For purposes of this section, the term “annual reminder notice” means a notice pr
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Source file: Laws/federal/codes/united-states-code/title-29/section-1030a-eliminating-unnecessary-plan-requirements-related-to-unenrolled-particip--e8ffdea80c.md
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Source location: Title 29, Chapter 18, § 1030a; chapter-018-employee-retirement-income-security-program.md
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**(a) In general** Notwithstanding any other provision of this subchapter, with respect to any individual account plan, no disclosure, notice, or other plan document (other than the notices and documents described in paragraphs (1) and (2)) shall be required to be furnished under this subchapter to any unenrolled participant if the unenrolled participant is furnished—
(1) an annual reminder notice of such participant’s eligibility to participate in such plan and any applicable election deadlines under the plan; and
(2) any document requested by such participant that the participant would be entitled to receive notwithstanding this section.
**(b) Unenrolled participant** For purposes of this section, the term “unenrolled participant” means an employee who—
(1) is eligible to participate in an individual account plan;
(2) has been furnished—
(A) the summary plan description pursuant to [section 1024(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1024/b&num=0&edition=prelim), and
(B) any other notices related to eligibility under the plan required to be furnished under this subchapter, or the Internal Revenue Code of 1986, in connection with such participant’s initial eligibility to participate in such plan;
(3) is not participating in such plan; and
(4) satisfies such other criteria as the Secretary of Labor may determine appropriate, as prescribed in guidance issued in consultation with the Secretary of Treasury.
For purposes of this section, any eligibility to participate in the plan following any period for which such employee was not eligible to participate shall be treated as initial eligibility.
**(c) Annual reminder notice** For purposes of this section, the term “annual reminder notice” means a notice provided in accordance with section 2520.104b–1 of title 29, Code of Federal Regulations (or any successor regulation), which—
(1) is furnished in connection with the annual open season election period with respect to the plan or, if there is no such period, is furnished within a reasonable period prior to the beginning of each plan year;
(2) notifies the unenrolled participant of—
(A) the unenrolled participant’s eligibility to participate in the plan; and
(B) the key benefits and rights under the plan, with a focus on employer contributions and vesting provisions; and
(3) provides such information in a prominent manner calculated to be understood by the average participant.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Service for predecessor employer** For purposes of this part—
(1) in any case in which the employer maintains a plan of a predecessor employer, service for such predecessor shall be treated as service for the employer, and
(2) in any case in which the employer maintains a plan which is not the plan maintained by a predecessor employer, service for such predecessor shall, to the extent provided in regulations prescribed by the Secretary, be treated as service for the employer.
**(b) Employees of controlled group of corporations**
(1) **In general** — For purposes of sections 401, 408(k), 408(p), 410, 411, 415, and 416, all employees of all corporations which are members of a controlled group of corporations (within the meaning of section 1563(a), determined without regard to section 1563(a)(4) and (e)(3)(C)) shall be treated as employed by a single employer. With respect to a plan adopted by more than one such corporation, the applicable limitations provided by section 404(a) shall be determined as if all such employers were a single employer, and allocated to each employer in accordance with regulations prescribed by the Secretary.
(2) **Special rules for applying family attribution** — For purposes of applying the attribution rules under section 1563 with respect to paragraph (1), the following rules apply:
(A) Community property laws shall be disregarded for purposes of determining ownership.
(B) Except as provided by the Secretary, stock of an individual not attributed under section 1563(e)(5) to such individual’s spouse shall not be attributed to such spouse by reason of the combined application of paragraphs (1) and (6)(A) of section 1563(e).
(C) Except as provided by the Secretary, in the case of stock in different corporations that is attribut
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Welfare and Pension Plans Disclosure Act [[29 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section301&num=0&edition=prelim) et seq.] is repealed except that such Act shall continue to apply to any conduct and events which occurred before the effective date of this part.
(2)
(A) [Section 664 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section664&num=0&edition=prelim) is amended by striking out “any such plan subject to the provisions of the Welfare and Pension Plans Disclosure Act” and inserting in lieu thereof “any employee benefit plan subject to any provisions of title I of the Employee Retirement Income Security Act of 1974”.
(B)
(i) Section 1027 of such title 18 is amended by striking out “Welfare and Pension Plans Disclosure Act” and inserting in lieu thereof “title I of the Employee Retirement Income Security Act of 1974”, and by striking out “Act” each place it appears and inserting in lieu thereof “title”.
(ii) The heading for such section is amended by striking out “welfare and pension plans disclosure act” and inserting in lieu thereof “employee retirement income security act of 1974”.
(iii) The table of sections of chapter 47 of such title 18 is amended by striking out “Welfare and Pension Plans Disclosure Act” in the item relating to section 1027 and inserting in lieu thereof “Employee Retirement Income Security Act of 1974”.
(C) Section 1954 of such title 18 is amended by striking out “any plan subject to the provisions of the Welfare and Pension Plans Disclosure Act as amended” and inserting in lieu thereof “any employee welfare benefit plan or employee pension benefit plan, respectively, subject to any provision of title I of the Employee Re
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Federal law — U.S. Code and appendices · legal_authorities
Page 401
TITLE 29—LABOR
§ 1030a
vision 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.
REGULATIONS
Secretary authorized, effective Sept. 2, 1974, to pro-
mulgate regulations wherever provisions of this sub-
chapter call for the promulgation of regulations, see
section 1031 of this title.
§ 1029. Forms
(a) Information required on forms
Except as provided in subsection (b) of this
section, the Secretary may require that any in-
formation required under this subchapter to be
submitted to him, including but not limited to
the information required to be filed by the ad-
ministrator pursuant to section 1023(b)(3) and (c)
of this title, must be submitted on such forms as
he may prescribe.
(b) Information not required on forms
The financial statement and opinion required
to be prepared by an independent qualified pub-
lic accountant pursuant to section 1023(a)(3)(A)
of this title, the actuarial statement required to
be prepared by an enrolled actuary pursuant to
section 1023(a)(4)(A) of this title and the sum-
mary plan description required by section
1022(a) of this title shall not be required to be
submitted on forms.
(c) Format and content of summary plan descrip-
tion, annual report, etc., required to be fur-
nished to plan participants and beneficiaries
The Secretary may prescribe the format and
content of the summary plan description, the
summary of the annual report described in sec-
tion 1024(b)(3) of this title and any other report,
statements or documents (other than the bar-
gaining agreement, trust agreement, contract,
or other instrument under which the plan is es-
tablished or operated), w
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 1030a
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