29 U.S.C. § 1145 — Delinquent contributions

Page 551 TITLE 29—LABOR § 1146 that is not the spreading of risk solely for the purposes of the provisions of State insurance laws described in subsection (b). (3) Welfare plan The term ‘‘welfare plan’’— (A) means any church plan to the extent that such plan provides medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death or unemployment, or vacation benefits, ap- prenticeship or other training programs, or day care centers, scholarship funds, or pre- paid legal services; and (B) does not include any entity, such as a health insurance issuer described in section 9832(b)(2) of title 26 or a health maintenance organization described in section 9832(b)(3) of title 26, or any other organization that does business with the church plan or organiza- tion sponsoring or maintaining such a plan. (d) Enforcement authority Notwithstanding any other provision of this section, for purposes of enforcing provisions of State insurance laws that apply to a church plan that is a welfare plan, the church plan shall be subject to State enforcement as if the church plan were an insurer licensed by the State. (e) Application of section Except as provided in subsection (d), the appli- cation of this section is limited to determining the status of a church plan that is a welfare plan under the provisions of State insurance laws de- scribed in subsection (b). This section shall not otherwise be construed to recharacterize the status, or modify or affect the rights, of any plan participant or beneficiary, including par- ticipants or beneficiaries who make plan con- tributions. (Pub. L. 106–244, § 2, July 10, 2000, 114 Stat. 499.) Editorial Notes CODIFICATION Section was not enacted as part of the Employee Re- tirement Income Security Act of 1974 which comprises this chapter. PURPOSE Pub. L. 106–244, § 1, July 10, 2000, 114 Stat. 499, pro- vided that: ‘‘The purpose of this Act [enacting this sec- tion] is only to clarify the application to a church plan that is a welfare plan of State insurance laws that re- quire or solely relate to licensing, solvency, insolvency, or the status of such plan as a single employer plan.’’ § 1145. Delinquent contributions Every employer who is obligated to make con- tributions to a multiemployer plan under the terms of the plan or under the terms of a collec- tively bargained agreement shall, to the extent not inconsistent with law, make such contribu- tions in accordance with the terms and condi- tions of such plan or such agreement. (Pub. L. 93–406, title I, § 515, as added Pub. L. 96–364, title III, § 306(a), Sept. 26, 1980, 94 Stat. 1295.) Editorial Notes EFFECTIVE DATE Section effective Sept. 26, 1980, except as specifically provided, see section 1461(e) of this title. § 1146. Outreach to promote retirement income savings (a) In general The Secretary shall maintain an ongoing pro- gram of outreach to the public designed to effec- tively promote retirement income savings by the public. (b) Methods The Secretary shall carry out the require- ments of subsection (a) by means which shall en- sure effective communication to the public, in- cluding publication of public service announce- ments, public meetings, creation of educational materials, and establishment of a site on the Internet. (c) Information to be made available The information to be made available by the Secretary as part of the program of outreach re- quired under subsection (a) shall include the fol- lowing: (1) a description of the vehicles currently available to individuals and employers for cre- ating and maintaining retirement income sav- ings, specifically including information ex- plaining to employers, in simple terms, the characteristics and operation of the different retirement savings vehicles, including the steps to establish each such vehicle; and (2) information regarding matters relevant to establishing retirement income savings, such as— (A) the forms of retirement income sav- ings; (B) the concept of compound interest; (C) the importance of commencing savings early in life; (D) savings principles; (E) the importance of prudence and diver- sification in investing; (F) the importance of the timing of invest- ments; and (G) the impact on retirement savings of life’s uncertainties, such as living beyond one’s life expectancy. (d) Establishment of site on Internet The Secretary shall establish a permanent site on the Internet concerning retirement income savings. The site shall contain at least the fol- lowing information: (1) a means for individuals to calculate their estimated retirement savings needs, based on their retirement income goal as a percentage of their preretirement income; (2) a description in simple terms of the com- mon types of retirement income savings ar- rangements available to both individuals and employers (specifically including small em- ployers), including information on the amount of money that can be placed into a given vehi- cle, the tax treatment of the money, the amount of accumulation possible through dif- ferent typical investment options and interest rate projections, and a directory of resources of more descriptive information; (3) materials explaining to employers in sim- ple terms, the characteristics and operation of the different retirement savings arrangements for their workers and what the basic legal re-