APPLICATION OF ERISA TO TRANSFERS OF EXCESS PENSION ASSETS TO RETIREE HEALTH ACCOUNTS.

SEC. 12012. APPLICATION OF ERISA TO TRANSFERS OF EXCESS PENSION ASSETS TO RETIREE HEALTH ACCOUNTS. (a) Exclusive Benefit Requirement.— Section 403(c)(l) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1103(c)(D) is amended by inserting “, or under section 420 of the Internal Revenue Code of 1986 (as in effect on January 1, 1991)” after “insured plans)”. (b) Exemptions From Prohibited Transactions.— Section 408(b) of such Act (29 U.S.C. 1108(b)) is amended by adding at the end thereof the following new paragraph: 104 STAT. 1388–572 “(13) Any transfer in a taxable year beginning before January 1, 1996, of excess pension assets from a defined benefit plan to a retiree health account in a qualified transfer permitted under section 420 of the Internal Revenue Code of 1986 (as in effect on January 1, 1991).” (c) Funding Limitations.— Section 302 of such Act (29 U.S.C. 1082) is amended by redesignating subsection (g) as subsection (h) and by adding at the end thereof the following new subsection: “(g) Qualified Transfers to Health Benefit Accounts.— For purposes of this section, in the case of a qualified transfer (as defined in section 420 of the Internal Revenue Code of 1986)— “(1) any assets transferred in a plan year on or before the valuation date for such year (and any income allocable thereto) shall, for purposes of subsection (c)(7), be treated as assets in the plan as of the valuation date for such year, and “(2) the plan shall be treated as having a net experience loss under subsection (b)(2)(B)(iv) in an amount equal to the amount of such transfer (reduced by any amounts transferred back to the plan under section 420(c)(l)(B) of such Code) and for which amortization charges begin for the first plan year after the plan year in which such transfer occurs, except that such subsection shall be applied to such amount by substituting TO plan years’ for ‘5 plan years’.” (d) Notice Requirements.— (1) In general.— Section 101 of such Act (29 U.S.C. 1021) is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: “(e) Notice of Transfer of Excess Pension Assets to Health Benefits Accounts.— “(1) Notice to participants.— Not later than 60 days before the date of a qualified transfer by an employee pension benefit plan of excess pension assets to a health benefits account, the administrator of the plan shall notify (in such manner as the Secretary may prescribe) each participant and beneficiary under the plan of such transfer. Such notice shall include information with respect to the amount of excess pension assets, the portion to be transferred, the amount of health benefits liabilities expected to be provided with the assets transferred, and the amount of pension benefits of the participant which will be nonforfeitable immediately after the transfer. “(2) Notice to secretaries, administrator, and employee organizaions.— “(A) In general.— Not later than 60 days before the date of any qualified transfer by an employee pension benefit plan of excess pension assets to a health benefits account, the employer maintaining the plan from which the transfer is made shall provide the Secretary, the Secretary of the Treasury, the administrator, and each employee organization representing participants in the plan a written notice of such transfer. A copy of any such notice shall be available for inspection in the principal office of the administrator. “(B) Information relating to transfer.— Such notice shall identify the plan from which the transfer is made, the amount of the transfer, a detailed accounting of assets projected to be held by the plan immediately before and 104 STAT. 1388–573immediately after the transfer, and the current liabilities under the plan at the time of the transfer. “(C) Authority for additional reporting requirements.— The Secretary may prescribe such additional reporting requirements as may be necessary to carry out the purposes of this section. “(3) Definitions.— For purposes of paragraph (1), any term used in such paragraph which is also used in section 420 of the Internal Revenue Code of 1986 (as in effect on January 1, 1991) shall have the same meaning as when used in such section.” (2) Penalties.— (A) Section 502(c)(1) of such Act (29 U.S.C. UW)(D) is amended by inserting “or section 101(e)(l)” after “section 606”. (B) Section 502(c)(3) of such Act (29 U.S.C. 1132(c)(3)) is amended— (i) by inserting “or who fails to meet the requirements of section 101(e)(2) with respect to any person” after “beneficiary” the first place it appears, and (ii) by inserting “or to such person” after “beneficiary” the second place it appears. (e) Effective Date.— The amendments made by this section shall apply to qualified transfers under section 420 of the Internal Revenue Code of 1986 made after the date of the enactment of this Act.