U.S. Code » Title 29 » Chapter CHAPTER 18— EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER III— PLAN TERMINATION INSURANCE › Subtitle Subtitle C— Terminations

29 U.S.C. § 1346

Reports to trustee

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The corporation and the plan administrator of any plan to be terminated under this subtitle shall furnish to the trustee such information as the corporation or the plan administrator has and, to the extent practicable, can obtain regarding—(1) the amount of benefits payable with respect to each participant under a plan to be terminated,(2) the amount of basic benefits guaranteed under section 1322 or 1322a of this title which are payable with respect to each participant in the plan,(3) the present value, as of the time of termination, of the aggregate amount of basic benefits payable under section 1322 or 1322a of this title (determined without regard to section 1322b of this title),(4) the fair market value of the assets of the plan at the time of termination,(5) the computations under section 1344 of this title, and all actuarial assumptions under which the items described in paragraphs (1) through (4) were computed, and(6) any other information with respect to the plan the trustee may require in order to terminate the plan.(Pub. L. 93–406, title IV, § 4046, Sept. 2, 1974, 88 Stat. 1028; Pub. L. 96–364, title IV, § 403(e), Sept. 26, 1980, 94 Stat. 1301.)Editorial NotesAmendments

1980—Par. (2). Pub. L. 96–364, § 403(e)(1), inserted “basic” before “benefits” and “or 1322a” after “1322”.

Par. (3). Pub. L. 96–364, § 403(e), inserted “basic” before “benefits” and “or 1322a” after “1322”, and substituted “1322b” for “1322(b)(5)”.

Statutory Notes and Related SubsidiariesEffective Date of 1980 Amendment

Amendment by Pub. L. 96–364 effective Sept. 26, 1980, except as specifically provided, see section 1461(e) of this title.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1980–2022 · leading case: Pineiro v. Pension Benefit Guar. Corp., 318 F. Supp. 2d 67 (S.D.N.Y. 2003).
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Pineiro v. Pension Benefit Guar. Corp., 318 F. Supp. 2d 67 (S.D.N.Y. 2003). “Because 29 U.S.C. § 1346 , which provides that PBGC or the plan administrator “shall furnish to the trustee” information regarding “the amount of benefits payable with respect to each participant,” applies even when PBGC is not appointed the trustee of a terminated plan, she…”
Bear Med. v. United States, 192 F. Supp. 2d 1053 (D. Mont. 2002). “The BIA did not respond to the claim and it was therefore deemed denied at the claimant’s option pursuant to 28 USC § 2675 (a).”
Stephen S. Adams v. James F. Hinchman, Acting Comptroller Gen. of the United States Gen. Acct. Off., 154 F.3d 420 (D.C. Cir. 1998). ““Except in eases in which the amount in controversy is less than $10,000, in which event jurisdiction is concurrent with the federal district courts, see 29 U.S.C. § 1346 (a)(2), the Federal Claims Court’s jurisdiction in such actions is exclusive.”
OAO Healthcare Solutions, Inc. v. Nat'l All. of Postal & Fed. Employees, 394 F. Supp. 2d 16 (D.D.C. 2005). “29 U.S.C. § 1346 (a)(2). If OAOHS has any enforceable rights against OPM, they are dependent on OAOHS’s position as a subcontractor in the FEHBP.”
United States v. 101.88 Acres of Land, 616 F.2d 762 (5th Cir. 1980). “It will not have such a right if forced to seek compensation in a separate proceeding under 29 U.S.C. § 1346 (a)(2), or in the Court of Claims under 28 U.”
Khan v. United States, 271 F. Supp. 2d 409 (E.D.N.Y 2003). “Plaintiff also seeks damages under the Federal Tort Claims Act, 29 U.S.C. § 1346 , for negligent destruction of his personal property.”
Claypool v. United States, 103 F. Supp. 2d 899 (S.D.W. Va 2000). “Discretionary Function Exception The FTCA, 29 U.S.C. § 1346 (b), waives the United States’ sovereign immunity and authorizes damages suits.”
Robert Huber v. United States, No. 2014-1380 (D.D.C. Sept. 19, 2019). “filed his lawsuit against the United States under the Federal Tort Claims Act (“FTCA”), 29 U.S.C. §§ 1346 , 2671 et seq., following a traffic collision between him and a federal employee driving a Government Services Administration vehicle in the course and scope of his…”
William R. Tinnerman v. United States, No. 21-14023 (11th Cir. Aug. 25, 2022). “§ 2201 and because Tinnerman had not established that the government had waived sovereign immunity for tax suits, 29 U.S.C. § 1346 (a)(1). Additionally, the government argued that Count II failed to state a claim upon which relief could be granted under 26 U.”
(PC) Samuel v. United States, No. 2:18-cv-01739 (E.D. Cal. Dec. 26, 2019). “Plaintiff claims she was 19 injured when two employees of the United States Attorney’s Office for the Eastern District of 20 California “slammed opened” a heavy courtroom door, hitting and injuring her right leg. 21 Presently before the court is defendant’s fully briefed motion…”
Newburn v. Repko, No. 4:18-cv-01744 (E.D. Mo. May 20, 2020). “29 U.S.C. § 1346 (b). Under the FTCA, the United States shall be liable “in the same manner and to the same extent as a private individual under like circumstances” would be liable to the claimant in accordance with the law of the place where the act or omission occurred.”
United States v. Hulick, et al., 2011 DNH 201 (D.N.H. 2011). “§ 1491 (a)(1) and 29 U.S.C. § 1346 (a)(2). See generally McGuire v .”
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