萨班斯法案（2002）Sec.306.(9)

　　(2)ISSUANCE OF INITIAL GUIDANCE AND MODEL NOTICE.-The Secretary of Labor shall issue initial guidance and a model notice pursuant to section 10(i)(6)of the Employee Retirement Income Security Act of 1974(as added by this subsection)not later than January 1,2003.Not later than 75 days after the date of the enactment of this Act,the Secretary shall promulgate interim final rules necessary to carry out the amendments made by this subsection.

　　(3)CIVIL PENALTIES FOR FAILURE TO PROVIDE NOTICE.-

　　Section 502 of such Act (29 U.S.C.1132)is amended-

　　(A)in subsection (a)(6),by striking"(5),or (6)"and inserting"(5),(6),or(7)"1473

　　(B)by redesignating paragraph(7)of subsection(c)as paragraph(8);and

　　(C)by inserting after paragraph(6)of subsection(c)the following new paragraph:

　　"(7)The Secretary may assess a civil penalty against a plan administrator of up to $100 a day from the date of the plan administrator's failure or refusal to provide notice to participants and beneficiaries in accordance with section 101(i).For purposes of this paragraph,each violation with respect to any single participant or beneficiary shall be treated as a separate violation.".

　　(3)PLAN AMENDMENTS.-If any amendment made by this subsection requires an amendment to any plan,such plan amendment shall not be required to be made before the first plan year beginning on or after the effective date of this section,if-

　　(A)during the period after such amendment made by this subsection takes effect and before such first plan year,the plan is operated in good faith compliance with the requirements of such amendment made by this subsection,and

　　(B)such plan amendment applies retroactively to the period after such amendment made by this subsection takes effect and before such first plan year.