U.S. Code » Title 29 » Chapter CHAPTER 18— EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER I— PROTECTION OF EMPLOYEE BENEFIT RIGHTS › Subtitle Subtitle B— Regulatory Provisions › Part part 1— reporting and disclosure

29 U.S.C. § 1026

Reports made public information

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(a) Except as provided in subsection (b), the contents of the annual reports, statements, and other documents filed with the Secretary pursuant to this part shall be public information and the Secretary shall make any such information and data available for inspection in the public document room of the Department of Labor. The Secretary may use the information and data for statistical and research purposes, and compile and publish such studies, analyses, reports, and surveys based thereon as he may deem appropriate.(b) Information described in sections 1025(a) and 1025(c) of this title with respect to a participant may be disclosed only to the extent that information respecting that participant’s benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] may be disclosed under such Act.(Pub. L. 93–406, title I, § 106, Sept. 2, 1974, 88 Stat. 850; Pub. L. 101–239, title VII, § 7894(b)(6), Dec. 19, 1989, 103 Stat. 2448; Pub. L. 105–34, title XV, § 1503(d)(4), Aug. 5, 1997, 111 Stat. 1062.)Editorial NotesReferences in Text

The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

1997—Subsec. (a). Pub. L. 105–34 struck out “descriptions,” before “annual reports,”.

1989—Subsec. (b). Pub. L. 101–239 substituted “sections” for “section”.

Statutory Notes and Related SubsidiariesEffective Date of 1989 Amendment

Amendment by Pub. L. 101–239 effective, except as otherwise provided, as if originally included in the provision 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.

Notes of Decisions
Cited in 6 cases, 1988–2019 · leading case: United States v. Michael C. Coyle, 63 F.3d 1239 (3rd Cir. 1995).
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United States v. Michael C. Coyle, 63 F.3d 1239 (3rd Cir. 1995). “29 U.S.C. § 1026 (a). It was Coyle’s responsibility to approve all disbursements to service providers on behalf of the Fund and to prepare or to direct the preparation of the financial reports submitted to the Fund.”
Dep't of Labor & Indus. v. Heltzel, 90 A.3d 823 (Pa. Commw. Ct. 2014). “See 29 U.S.C. § 1026 (a) (annual reports “shall be public information and the Secretary shall make any such information and data available for inspection”).”
Whitfield v. Cohen, 682 F. Supp. 188 (S.D.N.Y. 1988). “A report filed with the Secretary provides a limited universe of prescribed facts which, because they are required to be filed with the Secretary and become public information, see 29 U.S.C. § 1026 , a plaintiff alleging breach of a fiduciary duty will be presumed to know.”
Stargel v. Suntrust Banks, Inc., 968 F. Supp. 2d 1215 (N.D. Ga. 2013). “”); 29 U.S.C. § 1026 (a) (“Except as provided in subsection (b) of this section, the contents of the annual reports, statements, and other documents filed with the Secretary pursuant to this part shall be public information and the Secretary shall make any such information and…”
Reed v. Queens Vill. Comm. for Mental Health for Jamaica Cmty. Adolescent Prog., Inc. (E.D.N.Y 2019). “29 U.S.C. § 1026 . Queens Village, as sponsor for the Pension Plan, must “[e]nter the minimum required contribution for [each] plan year” in Form 5500 SF Part VI (“Pension Funding Compliance”), Line 12(b).”
United States v. Coyle (3rd Cir. 1995). “29 U.S.C. § 1026 (a). It was Coyle's responsibility to approve all disbursements to service providers on behalf of the Fund and to prepare or to direct the preparation of the financial reports submitted to the Fund.”
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