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[S 4759] PRIVATE PENSION REFORM LEGISLATION-COMPARISON OF SENATE-PASSED AND HOUSE-PASSED VERSIONS OF H.R. 2-Continued

SENATE

Secretary of Labor is given authority to petition appropriate U.S. District Court for an order requiring corrective action whenever he believes an employee benefit fund is being administered in violation of this Act. (sec. 692)

Civil actions for appropriate relief (legal or equitable) may also be brought by a participant or beneficiary to redress or restrain violations of fiduciary duty. (sec. 693)

No provision.

The Secretary of Labor may make appropriate investigations when he believes it necessary to determine whether any person has violated the provisions of this act or the Welfare and Pension Plans Disclosure Act. He may enter such places, inspect such records and accounts, and question such persons as he may deem necessary to enable him to determine the facts relative to such investigation. (The Secretary of Labor is to make arrangements with the Secretary of Treasury so as to preclude a duplication of effort with regard to investigation of violations relating to fiduciaries.)

It shall be unlawful for any person to discharge, fine, suspend, expel, discipline, or discriminate against any participant or beneficiary for exercising any right under the pension plan. It shall also be unlawful to use fraud, force, intimidation, etc. for the, purpose of interfering with the exercise of any right under the plan, this act, or the Welfare and Pension Plans Disclosure Act. (sec. 699)

Each plan shall provide a procedure for the fair and just review of any disputes between the administrator of the plan and any participant or beneficiary and an opportunity after such review and a decision by the administrator for the arbitration of such disputes. A participant or beneficiary may bring a civil action in lieu of submitting the dispute to arbitration under the plan. The cost of arbitration shall be paid by the plan unless the arbitrator determines that the allegations are frivolous. The Secretary of Labor shall inform participants of their rights and is authorized to furnish assistance in obtaining such rights. (sec. 691)

Secretary of Labor given broad authority for studies relating to the effect of new law, the role of private pensions in meeting retirement, security needs of the Nation, alternative methods of providing additional retirement security, and the operation of private pension plans.

Secretay also directed to undertake special study of the sufficiency of provisions of the new law for high mobility employees.

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The Secretary of Labor is directed to undertake research studies relating to pension plans, including but not limited to (1) the effects of Title I upon the provisions and costs of pension plans (2) the role of private pensions in meeting the economic security needs of the Nation, and (3) the operation of private pension plans including types and levels of benefits, degree of reciprocity or portability, and financial characteristics and practices, and methods of encouraging the growth of the private pension system. (sec. 502)

No provision.

[S 4760] PRIVATE PENSION REFORM LEGISLATION-COMPARISON OF SENATI PASSED AND HOUSE-PASSED VERSIONS OF HR. 2-Continued

SENATE

The Secretary of Treasury is directed to study the extent to which Federal and State pension plans are adequately funded, and determine whether it would be appropriate to require such plans to comply with the same minimum standards applicable to private plans. (sec. 281)

A broadly-representative Advisory Council on Employee Welfare and Pension Benefit Plans consisting of 21 members appointed by the Secretary of Labor would be established, and would include 3 persons representing those receiving benefits from a private pension plan. (sec. 506)

HOUSE: TITLE I

The Committee on Education and Labor and the Comimttee on Ways and Means of the House of Representatives shall study retirement plans established by Federal, State, and local governments including the (1) adequacy of existing levels of participation, vesting, and financial arrangements, (2) existing fiduciary standards, (3) the unique circumstances affecting mobility of government employees and individuals employed under Federal procurement, construction, or research contracts or grants, and (4) the necessity for Federal legislation and standards with respect to such plans. (sec. 502)

Advisory Council

A broadly-representative Advisory Council on Employee Welfare and Pension Benefit Plans consisting of 15 members appointed by the Secretary of Labor would be established. (sec. 114)

HOUSE: TITLE II

Same as Title L. (sec. 1023)

No provision.

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NOTE: Commas separate the page numbers within each Committee Report and the Congressional
Record excerpt. Semicolons separate the page numbers of each document.

Actuarial factors

Assumptions, 17, 37; 102, 147; 262, 328, 330
Change in funding method, 148; 331

Valuation of assets, 84, 102; 262, 331

Actuarial reports, 28, 40, 45, 59; 103, 148; 262, 329, 337

Actuaries

Duties, 147; 329

Enrollment, 17, 37; 103, 147; 262, 327, 337

Administrators of plans (See also: Fiduciaries; Report-
ing requirements; Trustees)

Defined, 51, 54

Excluded persons, 34, 47, 70; 110, 184; 417

Advisory Council on Employee Welfare and Pension
Benefit Plans, 28, 46, 65; 420

Affiliated employers (See: Controlled group of corpora-
tions)

Age requirements, 19, 39; 83, 98, 99, 125; 250, 252, 255,
279, 281, 305; 410

Air pilots, 284

Amortization, 21, 39; 84, 101, 136, 138, 141; 259, 311,
318, 321; 412, 419

Annual reports (See: Reporting requirements)
Annuities

Contract treated as trust, 396

Individual retirement plans, 88, 107, 211; 267, 369
Joint and survivor, 225; 240, 263, 302, 355; 418

Appeals, declaratory judgment procedure, 88, 103, 113,
193; 241, 263, 266, 341, 345

Assets

Allocation, termination of plan, 14, 22, 30, 40, 46,
67; 163

Valuation, 16; 84, 102, 145, 146; 262, 330

Audit fee tax, 113, 188, 189

Audits, 16, 37, 46, 56; 330, 334, 337

Back-loading, 256, 296, 299

Benefits (See also: Limitations on contributions and
benefits)

Accrual, 83, 99, 129; 255, 295

Back-loading, 256, 296, 299

Cash-out, 294

Claim procedures, 34, 47, 53, 55, 71; 196; 419

Early retirement, 16; 271, 354

Integration with social security, 205; 264, 304, 405;
411

Joint and survivor annuities, 35, 47; 225; 240, 263,
302, 355; 418

Merger of plans, 264, 303, 358

Payment, starting dates, 255, 305

Repayment, refund claims, limitation period, 165
Restrictions on assignment or alienation, 39; 263,

303

Retroactive reduction, 314
Suspension, 294

Bonding, 64

Bonds, valuation, 262, 332

Breaks in service, 21, 39; 251, 280, 301; 411

Cafeteria plans, 379
Cash-out, benefits, 294

Church plans

Defined, 327

Exclusion, 18, 28, 53; 252, 282, 307, 326, 327; 410,
411, 414, 415, 418

Inclusion election, 160; 252, 282, 307, 327; 414

Civil, actions and liabilities, 2, 14, 15, 33, 35, 37, 46, 47,
48, 62, 70; 87, 111, 170, 174, 182, 196; 415, 416, 418,
419

Claim procedures, benefits, 34, 47, 53, 55, 71; 196; 419
Claims for refund, limitation period, repayment of
benefits, 165

Class year plans, 128; 300

Collectively bargained plans, 22, 41; 83, 84, 100, 104,
121, 130, 137, 145, 150, 160; 252, 258, 283, 286, 293,
324, 334, 336; 411, 412

Combined plans, 242, 271, 357; 418

Commonly controlled unincorporated businesses, 285

Contribution limitations (See: Limitations on contribu-
tions and benefits)

Contributions, timing, 142, 206; 319, 353

Controlled group of corporations, 122; 285, 324, 334, 336

Cost of living adjustments, 202; 272, 354, 356; 417
Coverage (See: Participation)

Criminal

Liability, 2, 14, 36, 48, 62, 65, 71; 110, 184; 419
Proceeding, reliance on administrative interpreta-
tions, 64

Custodial accounts, 207; 395

Limitations on contributions and benefits-Continued

Existing plans, 360

Overall, 272, 353, 360; 417, 418

Records not available, 359

Section 403(b) annuities, 270

$10,000 benefit exception, 271, 355; 417

Lump-sum distributions

Aggregation, six-year lookback rule, 221; 387

Cash-out, 294

Computation, 222

Effective date, 225; 273, 393

Fifteen-year averaging, 218, 220; 418

Minimum distribution allowance, 89, 113, 218, 221; 383, 387; 418

Self-employed persons, 206; 242, 272, 381
Ten-year averaging, 242, 273, 383, 385; 418

Treatment, general, 89, 113, 218, 220; 242, 272, 382; 418

Merger of plans, 264, 303, 358

Money purchase plans

Accrued benefits, 130; 295

Funding, 103, 136, 146; 311, 323, 325

Insurance exclusion, 160

Limitations on contributions, 204

Multiemployer plans

Alternative funding, 141; 311, 318; 419

Amendments, 313, 333

Amortization, 85, 104; 311, 318; 412

Defined, 281

Funding requirements, general, 41; 145; 240, 258, 310, 324

Participation requirements, 98; 250, 279

Reporting requirements, 128; 265, 301, 394
Suspension of benefits, 294

Variances

Funding, 2, 22, 41; 85, 104, 141; 240, 261, 318; 412, 419,

Vesting, 2, 22, 39, 40; 240, 258, 301; 419 Vesting requirements, general, 21; 127; 240, 293; 410

Mutual funds, 216; 397

Negotiated plans, union and Government, 401

Net operating loss, 216

Nonresident aliens, 38, 53; 122; 284

Normal retirement age, 16; 130; 252, 255, 296

Officers of Labor and Treasury, conflict of interest, 72

Participants' rights, interference, 2, 14, 35, 48; 419 Participation

Age, 19, 39; 83, 98; 250, 252, 279, 281; 410

Participation-Continued

Breaks in service, 251, 280; 411

Collectively bargained plans, 83, 121; 252, 284, 286
Controlled group of corporations, 122; 285
Effective date, 36; 83, 120, 123; 240, 253, 286
Excluded-included plans, 18, 38, 53; 240, 252, 282,
307, 326; 409

Minimum standards, 19, 39; 83, 98, 119; 239, 250,
279; 410

Multiemployer plans, 98; 250, 279

Pilots, 284

Nonresident aliens, 38, 53; 122; 284

Seasonal employees, 123, 127; 251, 280, 286, 203; 410

Service requirements, 19, 39; 83, 98, 119; 239, 250, 279; 410

Past service liabilities, 9, 21, 39; 84, 101, 104, 136, 138, 141; 240, 259, 261, 311; 412

Penalties

Failure to file

Actuarial reports, 330

Annual registration statement, 395
Annual returns, 227; 397

Individual retirement plan reports, 369

Notification of change in status, 395

Failure to furnish, information to participant, 62;
395

Failure to maintain and furnish records, 128; 301
Interference with rights, 2, 14, 35, 48; 419

Premature distributions, 213; 242, 268, 269, 352
362, 371

Prohibited transactions, 182

Pension Benefit Guaranty Corporation (See: Plan termination insurance)

Period of limitation (See: Limitation period)

Plan amendments

Funding standards, 40, 41; 84, 101, 139, 150; 240, 259, 313, 333; 412

Retroactive remedial, 226; 400

Plan termination insurance

Allocation of assets, 22, 40; 163

Benefits guaranteed, 2, 24, 43; 86, 105, 159, 160; 413
Contingent liability coverage, 86, 105, 159, 168; 413
Coverage, included-excluded plans, 24; 85, 105, 159,
168; 412

Effective date, 36, 48; 86, 105, 162, 168, 172
Employer liability, lien, 14, 25, 26, 44; 86, 105, 159,
166; 413

Establishment of

Insurance funds, 44; 87, 106, 159, 165; 412 Pension Benefit Guaranty Corporation, 2, 42: 86, 105, 159; 241, 265; 412

Investigation, cooperation, civil actions, 159, 170 Portability assistance, 85, 109, 152, 157; 414 Premiums; rates, payment, and penalties, 14, 22. 25, 41, 43; 86, 105, 159, 165, 169; 414 Recapture of benefit payments, 164

424

Plan termination insurance-Continued
Reportable events, 169, 171

Reporting requirements, 14, 25, 44, 45; 170
Termination of plan, general, 25; 86, 170

Plan written instrument, 30, 46, 67

Portability

Assistance, 2, 23, 36, 42; 85, 109, 150; 414

Tax-free rollovers, 86, 109, 150, 155, 214; 265, 362, 374; 414

Practice before the Service (See: Actuaries)

Premature distributions, 212, 213; 242, 268, 269, 352, 362, 371

Profit-sharing plans

Accrued benefits, 130; 295

Benefit and contribution limits, 242, 270, 353
Funding exemption, 103, 146; 259, 310, 325; 411

Insurance exclusion, 105

Proposed regulations postponed, 209; 242, 273, 378; 418

Puerto Rican pension plans, 398

Prohibited transactions

Civil penalty, 182

Effective date, 175, 181; 417

Excise tax, 87, 111, 174, 215; 416

Exemption or variances, 31, 32, 46, 68; 416

Fiduciaries, 14, 31, 46, 68; 87, 111, 174, 175, 182;
416, 417

Parties-in-interest, 32; 87, 111, 174, 175, 182; 416
Rules, 87, 111, 176; 249, 370; 416

Proprietary employee plans (See: Self-employed plans)

Prudent man rule, 27, 29, 30, 31, 33, 46, 67; 416
Publicity of information (See: Disclosure)

Puerto Rican pension plans, 398

Railroad Retirement Act plans (See: Government plans)

Railway Labor Act, pilots, 284

Recordkeeping requirements, 64; 128; 301

Registration of plans, 152, 156; 394

Regulations

Issuance, 54, 55, 62, 65, 68, 71; 265; 410, 411, 418 Postponement, 209; 242, 273, 378; 418

Reporting requirements

Actuarial, 28, 40, 45, 59; 103, 148; 262, 329, 337
Annual

Registration statement, 156; 394, 397

Report, 28, 38, 44, 45, 54, 55, 61; 414, 415
Return, 227; 397

Financial statements, 414, 415

Individual retirement plans, 214, 215, 227; 369, 374, 397

Multiemployer plans, 128, 169; 265, 301, 394

Reporting requirements-Continued

Notification of change, 38, 45; 394
Plan description, 28, 45, 54, 61; 414, 415
Summary plan description, 28, 62; 414
Terminal reports, 14, 25, 44, 45, 54; 170
Terminated employee, notification of vested inter-
est, 19, 39; 241, 265, 394; 418

Voluntary reports, prior law vested interests, 395 Retirement bonds, 88, 107, 214; 361, 375

Retirement income credit, distributions, individual plans, 216

Salary reduction plans, 208, 215; 242, 273, 378; 418 Seasonal employees, year of service, 123, 127; 251, 280, 286, 293; 41 0

Secretary of Labor (See: Labor Department)

Section 403(b) plans, 216; 270, 397

Self-employed plans

Contributions, limitations on deductions, 88, 107,

200; 241, 268, 348; 417

Custodial accounts, 207; 395

Defined benefit plan limitations, 200, 202; 348; 417
Effective date, 207; 359, 396

Excess contributions, 206; 269, 351

Lump-sum distributions, 206; 242, 272, 381
Premature distributions, 269, 352

Timing of contributions, 206; 319, 353
Trustees, 395

Voluntary contributions, 352

Voluntary contributions, withdrawal, 207; 353 Small business corporations (See: Self-employed plans) Social Security Administration

Information storage, 86, 110, 117, 156; 265, 393; 418 Notification of employee's vested interest, 86, 110, 117, 156; 241, 265, 301, 393; 418

State law, preemption, 35, 47, 72; 418

Statute of limitations (See: Limitation period)
Stock-bonus plans (See: Profit-sharing plans)
Studies

Congressional, 420

Labor Department, 241, 257, 307; 419
Treasury Department, 146; 420

Subpoenas, 37, 63; 197

Suits, 15, 35, 37, 47, 62; 87, 111, 170, 174, 182, 196; 416, 418, 419

Suspension of benefits, 294

Target benefit plans, 311, 323

Tax-audit fee, 113, 188, 189

Tax Court, declaratory judgments, 88, 103, 113, 193; 241, 263, 266, 341, 345

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