2017 US Code
Title 29 - Labor
Chapter 18 - Employee Retirement Income Security Program
Subchapter III - Plan Termination Insurance
Subtitle D - Liability
Sec. 1365 - Annual report of plan administrator

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Citation 29 U.S.C. § 1365 (2017)
Section Name §1365. Annual report of plan administrator
Section Text

For each plan year for which section 1321 of this title applies to a plan, the plan administrator shall file with the corporation, on a form prescribed by the corporation, an annual report which identifies the plan and plan administrator and which includes—

(1) a copy of each notification required under section 1363 of this title with respect to such year,

(2) a statement disclosing whether any reportable event (described in section 1343(b) 1 of this title) occurred during the plan year except to the extent the corporation waives such requirement, and

(3) in the case of a multiemployer plan, information with respect to such plan which the corporation determines is necessary for the enforcement of subtitle E and requires by regulation, which may include—

(A) a statement certified by the plan's enrolled actuary of—

(i) the value of all vested benefits under the plan as of the end of the plan year, and

(ii) the value of the plan's assets as of the end of the plan year;

(B) a statement certified by the plan sponsor of each claim for outstanding withdrawal liability (within the meaning of section 1301(a)(12) of this title) and its value as of the end of that plan year and as of the end of the preceding plan year; and

(C) the number of employers having an obligation to contribute to the plan and the number of employers required to make withdrawal liability payments.

The report shall be filed within 6 months after the close of the plan year to which it relates. The corporation shall cooperate with the Secretary of the Treasury and the Secretary of Labor in an endeavor to coordinate the timing and content, and possibly obtain the combination, of reports under this section with reports required to be made by plan administrators to such Secretaries.

Source Credit

(Pub. L. 93–406, title IV, §4065, Sept. 2, 1974, 88 Stat. 1032; Pub. L. 96–364, title I, §106, Sept. 26, 1980, 94 Stat. 1266.)


Section 1343(b) of this title, referred to in par. (2), was redesignated section 1343(c) of this title and a new section 1343(b) was added by Pub. L. 103–465, title VII, §771(b), Dec. 8, 1994, 108 Stat. 5042.


1980—Pub. L. 96–364 inserted provisions in par. (2) respecting waiver by corporation and added par. (3).


Amendment by Pub. L. 96–364 effective Sept. 26, 1980, except as specifically provided, see section 1461(e) of this title.


1 See References in Text note below.

Publication Title United States Code, 2012 Edition, Supplement 5, Title 29 - LABOR
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 29 - LABOR
Subtitle D - Liability
Sec. 1365 - Annual report of plan administrator
Contains section 1365
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law No
Disposition standard
Statutes at Large References 88 Stat. 1032
94 Stat. 1266
108 Stat. 5042
Public Law References Public Law 93-406, Public Law 96-364, Public Law 103-465
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