§ 1032. Notice and disclosure requirements with
respect to lump sums
(a) In general
A plan administrator of a pension plan that
amends the plan to provide a period of time dur-
ing which a participant or beneficiary may elect
to receive a lump sum, instead of future month-
ly payments, shall furnish notice—
(1) to each participant or beneficiary offered
such lump sum amount, in the manner in
which the participant and beneficiary receives
the lump sum offer from the plan sponsor, not
later than 90 days prior to the first day on
which the participant or beneficiary may
make an election with respect to such lump
sum; and
(2) to the Secretary and the Pension Benefit
Guaranty Corporation, not later than 30 days
prior to the first day on which participants
and beneficiaries may make an election with
respect to such lump sum.
(b) Notice to participants and beneficiaries
(1) Content
The notice required under subsection (a)(1)
shall include the following:
(A) Available benefit options, including
the estimated monthly benefit that the par-
ticipant or beneficiary would receive at nor-
mal retirement age, whether there is a sub-
sidized early retirement option or qualified
joint and survivor annuity that is fully sub-
sidized (in accordance with section 417(a)(5)
of title 26,1 the monthly benefit amount if
payments begin immediately, and the lump
sum amount available if the participant or
beneficiary takes the option.
(B) An explanation of how the lump sum
was calculated, including the interest rate,
mortality assumptions, and whether any ad-
ditional plan benefits were included in the
lump sum, such as early retirement sub-
sidies.
(C) In a manner consistent with the man-
ner in which a written explanation is re-
quired to be given under 417(a)(3
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Stable record: federal_law:legal_authorities:uscode2024_a612dfda1fc18f40f9e28499 Source file: Laws/federal/codes/united-states-code-2024/title-29/section-1032-notice-and-disclosure-requirements-with--7b8030e3ae.md Pages: Not recorded – Not recorded Passage SHA-256: 7f5f641b37e6662f5dd02da11a3faa805fbed09050fe7340a7c4562e27d70882 Retained source evidence SHA-256: 2c6255e4afcdf163053d1ebff0777e893b50b36092d19e556910c578f384dd3e
Page 403
TITLE 29—LABOR
§ 1032
1 So in original. A closing parenthesis probably should precede
the comma.
Editorial Notes
REFERENCES IN TEXT
The Welfare and Pension Plans Disclosure Act, re-
ferred to in subsecs. (a) and (b)(2), is Pub. L. 85–836,
Aug. 28, 1958, 72 Stat. 997, which was classified generally
to chapter 10 (§ 301 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 301 of this title and Tables.
Title I of the Employee Retirement Income Security
Act of 1974, referred to in subsec. (a)(2)(A) to (C), means
title I of Pub. L. 93–406, which enacted this subchapter,
amended section 441 of this title, section 5108 of Title
5, Government Organization and Employees, and sec-
tions 664, 1027, and 1954 of Title 18, Crimes and Criminal
Procedure, and repealed sections 301 to 309 of this title.
The Employee Retirement Income Security Act of
1974, referred to in subsec. (a)(2)(B)(ii), (iii), (D), is Pub.
L. 93–406, Sept. 2, 1974, 88 Stat. 829. Titles I, III, and IV
of such act are classified principally to this chapter.
For complete classification of this Act to the Code, see
Short Title note set out under section 1001 of this title
and Tables.
AMENDMENTS
1989—Subsec. (d). Pub. L. 101–239 added subsec. (d).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2022 AMENDMENT
Amendment by Pub. L. 117–328 applicable to plan
years beginning after Dec. 31, 2022, see section 320(c) of
Pub. L. 117–328, set out as a note under section 414 of
Title 26, Internal Revenue Code.
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by Pub. L. 101–239 effective, except as
otherwise provided, as if originally included in the pro-
vision of the Employee Retirement Income Security
Act of 1974, Pub. L. 93–406, to which such amendment
relates, see section 7894(i) of Pub. L. 101–239, set out as
a note under section 1002 of this title.
§ 1032. Notice and disclosure requirements with
respect to lump sums
(a) In general
A plan administrator of a pension plan that
amends the plan to provide a period of time dur-
ing which a participant or beneficiary may elect
to receive a lump sum, instead of future month-
ly payments, shall furnish notice—
(1) to each participant or beneficiary offered
such lump sum amount, in the manner in
which the participant and beneficiary receives
the lump sum offer from the plan sponsor, not
later than 90 days prior to the first day on
which the participant or beneficiary may
make an election with respect to such lump
sum; and
(2) to the Secretary and the Pension Benefit
Guaranty Corporation, not later than 30 days
prior to the first day on which participants
and beneficiaries may make an election with
respect to such lump sum.
(b) Notice to participants and beneficiaries
(1) Content
The notice required under subsection (a)(1)
shall include the following:
(A) Available benefit options, including
the estimated monthly benefit that the par-
ticipant or beneficiary would receive at nor-
mal retirement age, whether there is a sub-
sidized early retirement option or qualified
joint and survivor annuity that is fully sub-
sidized (in accordance with section 417(a)(5)
of title 26,1 the monthly benefit amount if
payments begin immediately, and the lump
sum amount available if the participant or
beneficiary takes the option.
(B) An explanation of how the lump sum
was calculated, including the interest rate,
mortality assumptions, and whether any ad-
ditional plan benefits were included in the
lump sum, such as early retirement sub-
sidies.
(C) In a manner consistent with the man-
ner in which a written explanation is re-
quired to be given under 417(a)(3) of title 26,
the relative value of the lump sum option
for a terminated vested participant com-
pared to the value of—
(i) the single life annuity, (or other
standard form of benefit); and
(ii) the qualified joint and survivor annu-
ity (as defined in section 1055(d)(1) of this
title);
(D) A statement that—
(i) a commercial annuity comparable to
the annuity available from the plan may
cost more than the amount of the lump
sum amount, and
(ii) it may be advisable to consult an ad-
visor regarding this point if the partici-
pant or beneficiary is considering pur-
chasing a commercial annuity.
(E) The potential ramifications of accept-
ing the lump sum, including longevity risks,
loss of protections guaranteed by the Pen-
sion Benefit Guaranty Corporation (with an
explanation of the monthly benefit amount
that would be protected by the Pension Ben-
efit Guaranty Corporation if the plan is ter-
minated with insufficient assets to pay bene-
fits), loss of protection from creditors, loss
of spousal protections, and other protections
under this Act that would be lost.
(F) General tax rules related to accepting
a lump sum, including rollover options and
early distribution penalties with a dis-
claimer that the plan does not provide tax,
legal, or accounting advice, and a suggestion
that participants and beneficiaries consult
with their own tax, legal, and accounting ad-
visors before determining whether to accept
the offer.
(G) How to accept or reject the offer, the
deadline for response, and whether a spouse
is required to consent to the election.
(H) Contact information for the point of
contact at the plan administrator for par-
ticipants and beneficiaries to get more infor-
mation or ask questions about the options.
(2) Plain language
The notice under this subsection shall be
written in a manner calculated to be under-
stood by the average plan participant.
(3) Model notice
The Secretary shall issue a model notice for
purposes of the notice under subsection (a)(1),
Page 404
TITLE 29—LABOR
§ 1051
including for information required under sub-
paragraphs (C) through (F) of paragraph (1).
(c) Notice to the Secretary and Pension Benefit
Guaranty Corporation
The notice required under subsection (a)(2)
shall include the following:
(1) The total number of participants and
beneficiaries eligible for such lump sum op-
tion.
(2) The length of the limited period during
which the lump sum is offered.
(3) An explanation of how the lump sum was
calculated, including the interest rate, mor-
tality assumptions, and whether any addi-
tional plan benefits were included in the lump
sum, such as early retirement subsidies.
(4) A sample of the notice provided to par-
ticipants and beneficiaries under subsection
(a)(1), if otherwise required.
(d) Post-offer report to the Secretary and Pen-
sion Benefit Guaranty Corporation
Not later than 90 days after the conclusion of
the limited period during which participants and
beneficiaries in a plan may accept a plan’s offer
of a lump sum, a plan sponsor shall submit a re-
port to the Secretary and the Director of the
Pension Benefit Guaranty Corporation that in-
cludes the number of participants and bene-
ficiaries who accepted the lump sum offer and
such other information as the Secretary may re-
quire.
(e) Public availability
The Secretary shall make the information
provided in the notice to the Secretary required
under subsection (a)(2) and in the post-offer re-
ports submitted under subsection (d) publicly
available in a form that protects the confiden-
tiality of the information provided.
(f) Biennial report
Not later than the last day of the second cal-
endar year after the calendar year including the
applicability date of the final rules under sec-
tion 342(e) of the SECURE 2.0 Act of 2022, and
every 2 years thereafter, so long as the Sec-
retary has received notices and post-offer re-
ports under subsections (c) and (d) of this sec-
tion, the Secretary shall submit to Congress a
report that summarizes such notices and post-
offer reports during the applicable reporting pe-
riod. The applicable reporting period begins on
the first day of the second calendar year pre-
ceding the calendar year that the report is sub-
mitted to Congress and ends on the last day of
the calendar year preceding the calendar year
the report is due.
(Pub. L. 93–406, title I, § 113, as added Pub. L.
117–328, div. T, title III, § 342(a), Dec. 29, 2022, 136
Stat. 5376.)
Editorial Notes
REFERENCES IN TEXT
Section 342(e) of the SECURE 2.0 Act of 2022, referred
to in subsec. (f), is section 342(e) of div. T of Pub. L.
117–328, which is set out as a note below.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2022 AMENDMENT
Pub. L. 117–328, div. T, title III, § 342(d), Dec. 29, 2022,
136 Stat. 5378, provided that: ‘‘The requirements of sec-
tion 113 of the Employee Retirement Income Security
Act of 1974 [29 U.S.C. 1032], as added by subsection (b)
[probably means subsec. (a) of section 342 of Pub. L.
117–328, which enacted this section], shall apply begin-
ning on the applicable effective date specified in the
final regulations promulgated pursuant to subsection
(e) [set out below].’’
REGULATIONS
Pub. L. 117–328, div. T, title III, § 342(e), Dec. 29, 2022,
136 Stat. 5378, provided that: ‘‘Not earlier than 1 year
after the date of enactment of this Act [Dec. 29, 2022],
the Secretary of Labor, in consultation with the Sec-
retary of the Treasury, shall issue regulations to imple-
ment section 113 of the Employee Retirement Income
Security Act of 1974 [29 U.S.C. 1032], as added by sub-
section (a). Such regulations shall be applicable not
earlier than the issuance of a final rule and not later
than 1 year after issuance of a final rule.’’
PART 2—PARTICIPATION AND VESTING
§ 1051. Coverage
This part shall apply to any employee benefit
plan described in section 1003(a) of this title (and
not exempted under section 1003(b) of this title)
other than—
(1) an employee welfare benefit plan;
(2) a plan which is unfunded and is main-
tained by an employer primarily for the pur-
pose of providing deferred compensation for a
select group of management or highly com-
pensated employees;
(3)(A) a plan established and maintained by
a society, order, or association described in
section 501(c)(8) or (9) of title 26, if no part of
the contributions to or under such plan are
made by employers of participants in such
plan, or
(B) a trust described in section 501(c)(18) of
title 26;
(4) a plan which is established and main-
tained by a labor organization described in
section 501(c)(5) of title 26 and which does not
at any time after September 2, 1974, provide
for employer contributions;
(5) any agreement providing payments to a
retired partner or a deceased partner’s suc-
cessor in interest, as described in section 736
of title 26;
(6) an individual retirement account or an-
nuity described in section 408 of title 26, or a
retirement bond described in section 409 of
title 26 (as effective for obligations issued be-
fore January 1, 1984);
(7) an excess benefit plan; or
(8) any plan, fund or program under which an
employer, all of whose stock is directly or in-
directly owned by employees, former employ-
ees or their beneficiaries, proposes through an
unfunded arrangement to compensate retired
employees for benefits which were forfeited by
such employees under a pension plan main-
tained by a former employer prior to the date
such pension plan became subject to this chap-
ter.
(Pub. L. 93–406, title I, § 201, Sept. 2, 1974, 88 Stat.
852; Pub. L. 96–364, title IV, § 411(a), Sept. 26, 1980,
94
Stat.
1308;
Pub.
L.
101–239,
title
VII,
§§ 7891(a)(1), 7894(c)(1)(A), (11)(A), Dec. 19, 1989,
103 Stat. 2445, 2448, 2449.)
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A plan administrator of a pension plan that amends the plan to provide a period of time during which a participant or beneficiary may elect to receive a lump sum, instead of future monthly payments, shall furnish notice—
(1) to each participant or beneficiary offered such lump sum amount, in the manner in which the participant and beneficiary receives the lump sum offer from the plan sponsor, not later than 90 days prior to the first day on which the participant or beneficiary may make an election with respect to such lump sum; and
(2) to the Secretary and the Pension Benefit Guaranty Corporation, not later than 30 days prior to the first day on which participants and beneficiaries may make an election with respect to such lump sum.
**(b) Notice to participants and beneficiaries**
(1) **Content** — The notice required under subsection (a)(1) shall include the following:
(A) Available benefit options, including the estimated monthly benefit that the participant or beneficiary would receive at normal retirement age, whether there is a subsidized early retirement option or qualified joint and survivor annuity that is fully subsidized (in accordance with [section 417(a)(5) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section417/a/5&num=0&edition=prelim),11 So in original. A closing parenthesis probably should precede the comma. the monthly benefit amount if payments begin immediately, and the lump sum amount available if the participant or beneficiary takes the option.
(B) An explanation of how the lump sum was calculated, including the interest rate, mortality assumptions, and whether any additional plan benefits were included in the lump sum, such as early retirement subsidies.
(C) In a manner consistent