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. § 1029

Forms

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(a) Information required on forms

Except as provided in subsection (b) of this section, the Secretary may require that any information required under this subchapter to be submitted to him, including but not limited to the information required to be filed by the administrator pursuant to section 1023(b)(3) and (c) of this title, must be submitted on such forms as he may prescribe.

(b) Information not required on forms

The financial statement and opinion required to be prepared by an independent qualified public accountant pursuant to section 1023(a)(3)(A) of this title, the actuarial statement required to be prepared by an enrolled actuary pursuant to section 1023(a)(4)(A) of this title and the summary plan description required by section 1022(a) of this title shall not be required to be submitted on forms.

(c) Format and content of summary plan description, annual report, etc., required to be furnished to plan participants and beneficiaries

The Secretary may prescribe the format and content of the summary plan description, the summary of the annual report described in section 1024(b)(3) of this title and any other report, statements or documents (other than the bargaining agreement, trust agreement, contract, or other instrument under which the plan is established or operated), which are required to be furnished or made available to plan participants and beneficiaries receiving benefits under the plan.

(Pub. L. 93–406, title I, § 109, Sept. 2, 1974, 88 Stat. 850.)Statutory Notes and Related SubsidiariesRegulations

Secretary authorized, effective Sept. 2, 1974, to promulgate regulations wherever provisions of this subchapter call for the promulgation of regulations, see section 1031 of this title.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1980–2023 · leading case: Cultrona v. Nationwide Life Ins., 936 F. Supp. 2d 832 (N.D. Ohio 2013).
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Cultrona v. Nationwide Life Ins., 936 F. Supp. 2d 832 (N.D. Ohio 2013). · cites it 2× “The BAG Did Not Have a Duty to Provide Mrs. Cultrona with All Documents “Relevant” to Her Claim.”
Tommy Land, Cross-Appellee v. Chicago Truck Drivers, Helpers & Warehouse Workers Union (Indep.) Health & Welfare Fund, 25 F.3d 509 (7th Cir. 1994). “29 U.S.C. § 1029 (c). This statutory authorization does not apply, however, to "the bargaining agreement, trust agreement, contract, or other instrument under which the plan is established or operated.”
UNITED STATES of Am., Plaintiff-Appellee, v. Stephen SARAULT, Defendant-Appellant, 840 F.2d 1479 (9th Cir. 1988). “Since disclosure is required on both fiduciary insurance premiums and assets such as prepaid insurance, 29 U.S.C. § 1029 requires that records must be kept in order to verify, explain, clarify, and check for accuracy and completeness this information reported on Form 5500.”
Marie L. Nugent v. Jesuit High Sch. of New Orleans, 625 F.2d 1285 (5th Cir. 1980). “29 U.S.C.A. § 1029 (a)(1)(B). 7 But Congress made clear that it intended to limit that requirement to former employees with vested, not nonvested benefits (emphasis supplied): A copy of the statement of the deferred vested benefits in the plan for individuals who have terminated…”
United States v. Martorano, 596 F. Supp. 621 (E.D. Pa. 1984). “and administrative service or other fees or other specific acquisition costs paid by such company, service, or other organization; any amounts held to provide benefits after retirement; the remainder of such premiums; and the names and addresses of the brokers, agents, or other…”
Mixon v. Metro. Life Ins., 442 F. Supp. 2d 903 (C.D. Cal. 2006). “29 U.S.C. § 1029 (c). Finally, as Met Life states, the opinion letter merely states the opinion of the insurance commissioner, and does not have the force of law.”
Verizon Sickness & Accident Disability Benefit Plan for New England Assocs. v. Rogers (D.R.I. 2023). “In addition, Count 1 accuses Verizon Communications and Count 2 accuses Equian of violating 29 U.S.C. § 1029 (c).4 Finally, Counts 4 and 5 allege that Verizon Communications and Equian, respectively, intentionally and tortiously interfered with Sands’ contract to zealously 3 The…”
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