§1030a. Eliminating unnecessary plan requirements related to unenrolled participants

29 U.S.C. § 1030a

(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, 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.

Notes, amendments, and revision history

(Pub. L. 93–406, title I, § 111, as added Pub. L. 117–328, div. T, title III, § 320(a)(1), Dec. 29, 2022, 136 Stat. 5354.)

Editorial Notes

References in Text

The Internal Revenue Code of 1986, referred to in subsec. (b)(2)(B), is classified generally to Title 26, Internal Revenue Code.

Prior Provisions

A prior section 111 of Pub. L. 93–406 was renumbered section 112 and is classified to section 1031 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to plan years beginning after Dec. 31, 2022, see section 320(c) of Pub. L. 117–328, set out as an Effective Date of 2022 Amendment note under section 414 of Title 26, Internal Revenue Code.