88 STAT. ]
PUBLIC LAW 9 3 - 4 0 6 - S E P T. 2, 1974
945
e m p l o y e r is r e q u i r e d to c o n t r i b u t e only to the extent provided i n r e g u l a t i o n s prescribed under t h i s subsection. "(g)
CROSS R E F E R E N C E S. —
"For provisions relating to penalties for failure to register or furnish statements required by this section, see section 6652(e) and section 6690. "For coordination between Department of the Treasury and the Department of Labor with regard to administration of this section, see section 3004 of the Employee Retirement Income Security Act of 1974. "SEC. 6058. INFORMATION REQUIRED IN CONNECTION WITH CERTAIN PLANS OF DEFERRED COMPENSATION. " (a) IN GENERAL. — E v e r y employer w h o m a i n t a i n s a pension, a n n u i t y, stock bonus, profit-sharing, or other funded p l a n of deferred comp e n s a t i o n described in part I of subchapter D of chapter 1, or the p l a n a d m i n i s t r a to r ( w i t h i n the m e a n i n g of section 4 1 4 (g)) of the p l a n, shall file a n annual r e t u r n s t a t i n g such information as the Secretary o r h i s delegate may by r e g u l a t i o n s prescribe w i t h respect to the qualification, financial condition, and operations of the p l a n; except that, i n the discretion of the Secretary or h i s delegate, the employer may b e relieved from s t a t i n g in its r e t u r n any information which is report e d in other r e t u r n s. "(b)
26 USC 401.
^"f©' P- 925.
ACT U A R I A L STATEMENT I N C A S E OF MERGERS^ E T C. — Not less
than 30 d a y s before a m e r g e r, consolidation, or transfer of assets or liabilities of a p l a n described in subsection (a) to a n other p l a n, the p l a n a d m i n i s t r a to r ( w i t h i n the m e a n i n g of section 4 1 4 (g)) shall file an a c t u a r i a l statement of v a l u a t i o n evidencing compliance w i t h the requirements of section 401(a) ( 1 2). " (c) E M P L O Y E R. — For purposes of t h i s section, the term 'employer' includes a person described in section 401(c)(4) and an i n d i v i d u a l who establishes an i n d i v i d u a l retirement account or a n n u i t y described in section 408. "(d)
26 USC 6058.
^"'e, p. 937. ^^ "^^ '*°^26 USC 408.
CROSS E E F E R E N C E S. —
"For provisions relating to penalties for failure to file a return required by this section, see section 6652(f). "For coordination between the Department of the Treasury and the Department of Labor with respect to the information required under this section, see section 3004 of title III of the Employee Retirement Income Security Act of 1974.". (b)
SANCTIONS.— (1) F A I L U R E TO F I L E REGISTRATION STATEMENTS OR NOTIFICATION OF CHANGE I N S T A T U S. —
(A) Section 6652 ( r e l a t i n g to failure to file certain inform a t i o n r e t u r n s) is amended by r e designating subsection (e) as subsection (g) and by inserting after subsection (d) the following new subsections:
26 USC 6652.
" (e) A N N U A L R E G I S T R A T I O N AND OTHER NOTIFICATION BY P E N SION P L A N. —
" (1) R E G I S T R A T I O N. — I n the case of any failure to file a regist r a t i o n statement required under section 6057(a) ( r e l a t i n g to annual r e g i s t r a t i o n of certain p l a n s) which includes all part i c i p a n t s required to be included in such statement, on the date p r e scribed the r e for ( determined w i t h o u t r e g a r d to any extension of t i m e for filing), unless it is shown that such failure is due to reasonable cause, the r e shall be p a i d (on notice and d e m and by the Secretary or his delegate and i n the same m a n n e r as tax) by the person f a i l i n g so to file, an a m o u n t equal to $1 for each part i c i p a n t w i t h respect to w h o m the r e is a failure to file, m u l t i p l i e d by the n u m b e r of d a y s during which such failure continues, b u t the to t a l a m o u n t imposed under t h i s paragraph on any person for any f a i l u r e to file w i t h respect to any p l a n year shall not exceed $5,000.
^"'^' P- ^43.
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