(b) Notification that event is about to occur
The requirements of this subsection shall be applicable to a contributing sponsor if, as of the close of the preceding plan year
the aggregate unfunded vested benefits (as determined under section 1306 (a)(3)(E)(iii)
of this title) of plans subject to this subchapter which are maintained by such sponsor and members of such sponsors controlled groups (disregarding plans with no unfunded vested benefits) exceed $50,000,000, and
(B) the funded vested benefit percentage for such plans is less than 90 percent.
For purposes of subparagraph (B), the funded vested benefit percentage means the percentage which the aggregate value of the assets of such plans bears to the aggregate vested benefits of such plans (determined in accordance with section 1306 (a)(3)(E)(iii) of this title).
This subsection shall not apply to an event if the contributing sponsor, or the member of the contributing sponsors controlled group to which the event relates, is
a person subject to the reporting requirements of section 13 or 15(d) of the Securities Exchange Act of 1934 [15
, 78o (d)
a subsidiary (as defined for purposes of such Act [15
et seq.]) of a person subject to such reporting requirements.
(3) No later than 30 days prior to the effective date of an event described in paragraph (9), (10), (11), (12), or (13) of subsection (c) of this section, a contributing sponsor to which the requirements of this subsection apply shall notify the corporation that the event is about to occur.
(4) The corporation may waive the requirement of this subsection with respect to any or all reportable events with respect to any contributing sponsor.
(c) Enumeration of reportable events
For purposes of this section a reportable event occurs
when the Secretary of the Treasury issues notice that a plan has ceased to be a plan described in section 1321 (a)(2)
of this title, or when the Secretary of Labor determines the plan is not in compliance with subchapter I of this chapter;
(2) when an amendment of the plan is adopted if, under the amendment, the benefit payable with respect to any participant may be decreased;
(3) when the number of active participants is less than 80 percent of the number of such participants at the beginning of the plan year, or is less than 75 percent of the number of such participants at the beginning of the previous plan year;
when the Secretary of the Treasury determines that there has been a termination or partial termination of the plan within the meaning of section 411 (d)(3)
of title 26
, but the occurrence of such a termination or partial termination does not, by itself, constitute or require a termination of a plan under this subchapter;
when the plan fails to meet the minimum funding standards under section 412
of title 26
(without regard to whether the plan is a plan described in section 1321 (a)(2)
of this title) or under section 1082
of this title;
(6) when the plan is unable to pay benefits thereunder when due;
when there is a distribution under the plan to a participant who is a substantial owner as defined in section 1321 (d)
of this title if
(A) such distribution has a value of $10,000 or more;
(B) such distribution is not made by reason of the death of the participant; and
(C) immediately after the distribution, the plan has nonforfeitable benefits which are not funded;
when a plan merges, consolidates, or transfers its assets under section 1058
of this title, or when an alternative method of compliance is prescribed by the Secretary of Labor under section 1030
of this title;
(9) when, as a result of an event, a person ceases to be a member of the controlled group;
(10) when a contributing sponsor or a member of a contributing sponsors controlled group liquidates in a case under title 11, or under any similar Federal law or law of a State or political subdivision of a State;
when a contributing sponsor or a member of a contributing sponsors controlled group declares an extraordinary dividend (as defined in section 1059 (c)
of title 26
) or redeems, in any 12-month period, an aggregate of 10 percent or more of the total combined voting power of all classes of stock entitled to vote, or an aggregate of 10 percent or more of the total value of shares of all classes of stock, of a contributing sponsor and all members of its controlled group;
(12) when, in any 12-month period, an aggregate of 3 percent or more of the benefit liabilities of a plan covered by this subchapter and maintained by a contributing sponsor or a member of its controlled group are transferred to a person that is not a member of the controlled group or to a plan or plans maintained by a person or persons that are not such a contributing sponsor or a member of its controlled group; or
(13) when any other event occurs that may be indicative of a need to terminate the plan and that is prescribed by the corporation in regulations.
For purposes of paragraph (7), all distributions to a participant within any 24-month period are treated as a single distribution.
(d) Notification to corporation by Secretary of the Treasury
The Secretary of the Treasury shall notify the corporation
(1) whenever a reportable event described in paragraph (1), (4), or (5) of subsection (c) of this section occurs, or
(2) whenever any other event occurs which the Secretary of the Treasury believes indicates that the plan may not be sound.
(e) Notification to corporation by Secretary of Labor
The Secretary of Labor shall notify the corporation
(1) whenever a reportable event described in paragraph (1), (5), or (8) of subsection (c) of this section occurs, or
(2) whenever any other event occurs which the Secretary of Labor believes indicates that the plan may not be sound.
(f) Disclosure exemption
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.