republic-os/legal/us/code/title-29/chapter-18/section-1030a.md

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LegalText	29 U.S.C. § 1030a	Eliminating unnecessary plan requirements related to unenrolled participants	us	united_states_code	code_section	29	LABOR	18	EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM	1030a	29 U.S.C. § 1030a	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc29@119-100.zip	/us/usc/t29/s1030a	data/legal/raw/us/code/title-29/usc29.xml	234033a0844cccf155967c66dbe3df3c2db4b1f5d8145fb72a39a7b8d479972f	123f65eaf0f6719b01d66f4a47cd03d5134b66fbd92ae96d7387b67454b98476	9bb1f56915e373353412fba2f4c80297b39c3b6911ebb0ca9355da098e531e0d	2026-07-04	official	legal us-code

29 U.S.C. § 1030a - Eliminating unnecessary plan requirements related to unenrolled participants

Text

(a) In general Notwithstanding any other provision of this subchapter, with respect to any individual account plan, no disclosure, notice, or other plan document (other than the notices and documents described in paragraphs (1) and (2)) shall be required to be furnished under this subchapter to any unenrolled participant if the unenrolled participant is furnished—

(1) an annual reminder notice of such participant’s eligibility to participate in such plan and any applicable election deadlines under the plan; and

(2) any document requested by such participant that the participant would be entitled to receive notwithstanding this section.

(b) Unenrolled participant For purposes of this section, the term “unenrolled participant” means an employee who—

(1) is eligible to participate in an individual account plan;

(2) has been furnished—

(A) the summary plan description pursuant to section 1024(b) of this title, and

(B) any other notices related to eligibility under the plan required to be furnished under this subchapter, or the Internal Revenue Code of 1986, in connection with such participant’s initial eligibility to participate in such plan;

(3) is not participating in such plan; and

(4) satisfies such other criteria as the Secretary of Labor may determine appropriate, as prescribed in guidance issued in consultation with the Secretary of Treasury.

For purposes of this section, any eligibility to participate in the plan following any period for which such employee was not eligible to participate shall be treated as initial eligibility.

(c) Annual reminder notice For purposes of this section, the term “annual reminder notice” means a notice provided in accordance with section 2520.104b–1 of title 29, Code of Federal Regulations (or any successor regulation), which—

(1) is furnished in connection with the annual open season election period with respect to the plan or, if there is no such period, is furnished within a reasonable period prior to the beginning of each plan year;

(2) notifies the unenrolled participant of—

(A) the unenrolled participant’s eligibility to participate in the plan; and

(B) the key benefits and rights under the plan, with a focus on employer contributions and vesting provisions; and

(3) provides such information in a prominent manner calculated to be understood by the average participant.

(Pub. L. 93–406, title I, § 111, as added Pub. L. 117–328, div. T, title III, § 320(a)(1), Dec. 29, 2022, 136 Stat. 5354.)

Notes

Editorial Notes

References in TextThe Internal Revenue Code of 1986, referred to in subsec. (b)(2)(B), is classified generally to Title 26, Internal Revenue Code.

Prior ProvisionsA prior section 111 of Pub. L. 93–406 was renumbered section 112 and is classified to section 1031 of this title.

Statutory Notes and Related Subsidiaries

Effective DateSection applicable to plan years beginning after Dec. 31, 2022, see section 320(c) of Pub. L. 117–328, set out as an Effective Date of 2022 Amendment note under section 414 of Title 26, Internal Revenue Code.