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[DOCID: f:s1872is.txt]
107th CONGRESS
1st Session
S. 1872
To amend the Employee Retirement Income Security Act of 1974 to require
the Pension Benefit Guaranty Corporation to notify plan participants
and beneficiaries of the commencement of proceedings to terminate such
plan.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 20 (legislative day, December 18), 2001
Mr. Bayh introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Employee Retirement Income Security Act of 1974 to require
the Pension Benefit Guaranty Corporation to notify plan participants
and beneficiaries of the commencement of proceedings to terminate such
plan.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REQUIRED NOTIFICATION OF PARTICIPANTS AND BENEFICIARIES OF
PLAN TERMINATIONS BY PENSION BENEFIT GUARANTY
CORPORATION.
(a) In General.--Section 4042(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1342(b)) is amended by adding at the
end the following:
``(4)(A) Not later than 30 days after the corporation notifies a
plan administrator under this subsection regarding proceedings
commenced to terminate a plan under this section, the corporation shall
provide notice of such proceedings to affected parties as provided in
this paragraph. The notice shall state that such termination is
intended, the proposed termination date, and the procedure for such
termination under this section.
``(B) Upon notice to the plan of the commencement of proceedings,
the plan administrator shall provide the corporation with a list of the
names and addresses of all participants and beneficiaries of the plan.
``(C) The corporation shall provide--
``(i) written notice to each affected party of the plan;
and
``(ii) notice in the 2 newspapers with the largest
circulation in the area of the majority of the affected
parties.''.
(b) Effective Date.--The amendment made by this section shall apply
to proceedings commenced after the date of enactment of this Act.
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