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TITLE 29 - LABOR
CHAPTER 18 - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM
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SUBCHAPTER I - PROTECTION OF EMPLOYEE BENEFIT RIGHTS
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SUBTITLE A - GENERAL PROVISIONS
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ERISA 2
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29 USC 1001
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Congressional findings and declaration of policy.
(a) Benefit plans as affecting interstate commerce and the Federal taxing power.
(b) Protection of interstate commerce and beneficiaries by requiring disclosure and reporting, setting standards of conduct, etc., for fiduciaries.
(c) Protection of interstate commerce, the Federal taxing power, and beneficiaries by vesting of accrued benefits, setting minimum standards of funding, requiring termination insurance.
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[Not part of ERISA]
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29 USC 1001a
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Additional Congressional findings and declaration of policy.
(a) Effects of multiemployer pension plans.
(b) Modification of multiemployer plan termination insurance provisions and replacement of program.
(c) Policy.
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[Not part of ERISA]
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29 USC 1001b
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Findings and declaration of policy.
(a) Findings.
(b) Additional findings.
(c) Declaration of policy.
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ERISA 3
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29 USC 1002
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Definitions.
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ERISA 4
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29 USC 1003
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Coverage.
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SUBTITLE B - REGULATORY PROVISIONS
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PART 1 - REPORTING AND DISCLOSURE
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ERISA 101
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29 USC 1021
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Duty of disclosure and reporting.
(a) Summary plan description and information to be furnished to participants and beneficiaries.
(b) Reports to be filed with Secretary of Labor.
(c) Terminal and supplementary reports.
(d) Notice of failure to meet minimum funding standards.
(e) Notice of transfer of excess pension assets to health benefits accounts.
(f) Defined benefit plan funding notices.
(g) Reporting by certain arrangements.
(h) Simple retirement accounts.
(i) Notice of blackout periods to participant or beneficiary under individual account plan.
(j) Notice of funding-based limitation on certain forms of distribution.
(k) Multiemployer plan information made available on request.
(l) Notice of potential withdrawal liability.
(m) Notice of right to divest.
(n) Cross references.
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ERISA 102
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29 USC 1022
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Summary plan description.
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ERISA 103
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29 USC 1023
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Annual reports.
(a) Publication and filing.
(b) Financial statement.
(c) Information to be furnished by administrator.
(d) Actuarial statement.
(e) Statement from insurance company, insurance service, or other similar organizations which sell or guarantee plan benefits.
(f) Additional information with respect to defined benefit plans.
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ERISA 104
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29 USC 1024
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Filing and furnishing of information.
(a) Filing of annual report, plan description, summary plan description, and modifications and changes with Secretary.
(b) Publication of summary plan description and annual report to participants and beneficiaries of plan.
(c) Statement of rights.
(d) Furnishing summary plan information to employers and employee representatives of multiemployer plans.
(e) Cross references.
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ERISA 105
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29 USC 1025
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Reporting of participant's benefit rights.
(a) Requirements to provide pension benefit statements.
(b) Limitation on number of statements.
(c) Individual statement furnished by administrator to participants setting forth information in administrator's Internal Revenue registration statement and notification of forfeitable benefits.
(d) Repealed. Pub. L. 109-280, Title V, § 508(a)(2)(A), Aug. 17, 2006, 120 Stat. 951
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ERISA 106
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29 USC 1026
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Reports made public information.
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ERISA 107
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29 USC 1027
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Retention of records.
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ERISA 108
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29 USC 1028
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Reliance on administrative interpretations.
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ERISA 109
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29 USC 1029
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Forms.
(a) Information required on forms.
(b) Information not required on forms.
(c) Format and content of summary plan description, annual report, etc., required to be furnished to plan participants and beneficiaries.
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ERISA 110
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29 USC 1030
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Alternative methods of compliance.
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ERISA 111
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29 USC 1031
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Repeal and effective date.
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PART 2 - PARTICIPATION AND VESTING
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ERISA 201
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29 USC 1051
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Coverage.
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ERISA 202
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29 USC 1052
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Minimum participation standards.
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ERISA 203
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29 USC 1053
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Minimum vesting standards.
(a) Nonforfeitability requirements.
(b) Computation of period of service.
(c) Plan amendments altering vesting schedule.
(d) Nonforfeitable benefits after lesser period and in greater amounts than required.
(e) Consent for distribution; present value; covered distributions.
(f) Special rules for plans computing accrued benefits by reference to hypothetical account balance or equivalent amounts.
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ERISA 204
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29 USC 1054
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Benefit accrual requirements.
(a) Satisfaction of requirements by pension plans.
(b) Enumeration of plan requirements.
(c) Employee's accrued benefits derived from employer and employee contributions.
(d) Employee service which may be disregarded in determining employee's accrued benefits under plan.
(e) Opportunity to repay full amount of distributions which have been reduced through disregarded employee service.
(f) Employer treated as maintaining a plan.
(g) Decrease of accrued benefits through amendment of plan.
(h) Notice of significant reduction in benefit accruals.
(i) Prohibition on benefit increases where plan sponsor is in bankruptcy.
(j) Diversification requirements for certain individual account plans.
(k) Cross reference.
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ERISA 205
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29 USC 1055
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Requirement of joint and survivor annuity and preretirement survivor annuity.
(a) Required contents for applicable plans.
(b) Applicable plans.
(c) Plans meeting requirements of section.
(d) "Qualified joint and survivor annuity" defined.
(e) "Qualified preretirement survivor annuity" defined.
(f) Marriage requirements for plan.
(g) Distribution of present value of annuity; written consent; determination of present value.
(h) Definitions.
(i) Increased costs from providing annuity.
(j) Use of participant's accrued benefit as security for loan as not preventing distribution.
(k) Spousal consent.
(l) Regulations; consultation of Secretary of the Treasury with Secretary of Labor.
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ERISA 206
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29 USC 1056
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Form and payment of benefits.
(a) Commencement date for payment of benefits.
(b) Decrease in plan benefits by reason of increases in benefit levels under Social Security Act or Railroad Retirement Act of 1937.
(c) Forfeiture of accrued benefits derived from employer contributions.
(d) Assignment or alienation of plan benefits.
(e) Limitation on distributions other than life annuities paid by plan.
(f) Missing participants in terminated plans.
(g) Funding-based limits on benefits and benefit accruals under single-employer plans.
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ERISA 207
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29 USC 1057
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Repealed. Pub. L. 109-280, Title I, § 107(d), Aug. 17, 2006, 120 Stat. 820.
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ERISA 208
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29 USC 1058
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Mergers and consolidations of plans or transfers of plan assets.
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ERISA 209
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29 USC 1059
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Recordkeeping and reporting requirements.
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ERISA 210
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29 USC 1060
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Multiple employer plans and other special rules.
(a) Plan maintained by more than one employer.
(b) Maintenance of plan of predecessor employer.
(c) Plan maintained by controlled group of corporations.
(d) Plan of trades or businesses under common control.
(e) Special rules for eligible combined defined benefit plans and qualified cash or deferred arrangements.
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ERISA 211
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29 USC 1061
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Effective dates.
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PART 3 - FUNDING
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ERISA 301
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29 USC 1081
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Coverage.
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ERISA 302
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29 USC 1082
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Minimum participation standards.
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ERISA 303
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29 USC 1083
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Minimum vesting standards.
(a) Nonforfeitability requirements.
(b) Computation of period of service.
(c) Plan amendments altering vesting schedule.
(d) Nonforfeitable benefits after lesser period and in greater amounts than required.
(e) Consent for distribution; present value; covered distributions.
(f) Special rules for plans computing accrued benefits by reference to hypothetical account balance or equivalent amounts.
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ERISA 304
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29 USC 1084
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Benefit accrual requirements.
(a) Satisfaction of requirements by pension plans.
(b) Enumeration of plan requirements.
(c) Employee's accrued benefits derived from employer and employee contributions.
(d) Employee service which may be disregarded in determining employee's accrued benefits under plan.
(e) Opportunity to repay full amount of distributions which have been reduced through disregarded employee service.
(f) Employer treated as maintaining a plan.
(g) Decrease of accrued benefits through amendment of plan.
(h) Notice of significant reduction in benefit accruals.
(i) Prohibition on benefit increases where plan sponsor is in bankruptcy.
(j) Diversification requirements for certain individual account plans.
(k) Cross reference.
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ERISA 305
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29 USC 1085
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Requirement of joint and survivor annuity and preretirement survivor annuity.
(a) Required contents for applicable plans.
(b) Applicable plans.
(c) Plans meeting requirements of section.
(d) "Qualified joint and survivor annuity" defined.
(e) "Qualified preretirement survivor annuity" defined.
(f) Marriage requirements for plan.
(g) Distribution of present value of annuity; written consent; determination of present value.
(h) Definitions.
(i) Increased costs from providing annuity.
(j) Use of participant's accrued benefit as security for loan as not preventing distribution.
(k) Spousal consent.
(l) Regulations; consultation of Secretary of the Treasury with Secretary of Labor.
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ERISA 306
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29 USC 1085a
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Form and payment of benefits.
(a) Commencement date for payment of benefits.
(b) Decrease in plan benefits by reason of increases in benefit levels under Social Security Act or Railroad Retirement Act of 1937.
(c) Forfeiture of accrued benefits derived from employer contributions.
(d) Assignment or alienation of plan benefits.
(e) Limitation on distributions other than life annuities paid by plan.
(f) Missing participants in terminated plans.
(g) Funding-based limits on benefits and benefit accruals under single-employer plans.
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ERISA 307
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29 USC 1085b
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Repealed. Pub. L. 109-280, Title I, § 107(d), Aug. 17, 2006, 120 Stat. 820.
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ERISA 308
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29 USC 1086
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Mergers and consolidations of plans or transfers of plan assets.
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ERISA 301
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29 USC 1081
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Recordkeeping and reporting requirements.
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ERISA 302
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29 USC 1082
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Multiple employer plans and other special rules.
(a) Plan maintained by more than one employer.
(b) Maintenance of plan of predecessor employer.
(c) Plan maintained by controlled group of corporations.
(d) Plan of trades or businesses under common control.
(e) Special rules for eligible combined defined benefit plans and qualified cash or deferred arrangements.
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ERISA 303
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29 USC 1083
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Effective dates.
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PART 4 - FIDUCIARY RESPONSIBILITY
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ERISA 401
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29 USC 1101
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Coverage.
(a) Scope of coverage.
(b) Securities or policies deemed to be included in plan assets.
(c) Clarification of application of ERISA to insurance company general accounts.
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ERISA 402
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29 USC 1102
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Establishment of plan.
(a) Named fiduciaries.
(b) Requisite features of plan.
(c) Optional features of plan.
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ERISA 403
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29 USC 1103
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Establishment of trust.
(a) Benefit plan assets to be held in trust; authority of trustees.
(b) Exceptions.
(c) Assets of plan not to inure to benefit of employer; allowable purposes of holding plan assets.
(d) Termination of plan.
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ERISA 404
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29 USC 1104
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Fiduciary duties.
(a) Prudent man standard of care.
(b) Indicia of ownership of assets outside jurisdiction of district courts.
(c) Control over assets by participant or beneficiary.
(d) Plan terminations.
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ERISA 405
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29 USC 1105
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Liability for breach of co-fiduciary.
(a) Circumstances giving rise to liability.
(b) Assets held by two or more trustees.
(c) Allocation of fiduciary responsibility; designated persons to carry out fiduciary responsibilities.
(d) Investment managers.
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ERISA 406
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29 USC 1106
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Prohibited transactions.
(a) Transactions between plan and party in interest.
(b) Transactions between plan and fiduciary.
(c) Transfer of real or personal property to plan by party in interest.
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ERISA 407
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29 USC 1107
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Limitation with respect to acquisition and holding of employer securities and employer real property by certain plans.
(a) Percentage limitation.
(b) Exception.
(c) Election.
(d) Definitions.
(e) Marketable obligations.
(f) Maximum percentage of stock held by plan; time of holding or acquisition; necessity of legally binding contract.
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ERISA 408
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29 USC 1108
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Exemptions from prohibited transactions.
(a) Grant of exemptions.
(b) Enumeration of transactions exempted from section 1106 prohibitions.
(c) Fiduciary benefits and compensation not prohibited by section 1106.
(d) Owner-employees; family members; shareholder employees.
(e) Acquisition or sale by plan of qualifying employer securities; acquisition, sale, or lease by plan of qualifying employer real property.
(f) Applicability of statutory prohibitions to mergers or transfers.
(g) Provision of investment advice to participant and beneficiaries.
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ERISA 409
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29 USC 1109
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Liability for breach of fiduciary duty.
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ERISA 410
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29 USC 1110
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Exculpatory provisions; insurance.
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ERISA 411
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29 USC 1111
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Persons prohibited from holding certain positions.
(a) Conviction or imprisonment.
(b) Penalty.
(c) Definitions.
(d) Salary of person barred from employee benefit plan office during appeal of conviction.
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ERISA 412
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29 USC 1112
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Bonding.
(a) Requisite bonding of plan officials.
(b) Unlawful acts.
(c) Conflict of interest prohibited in procuring bonds.
(d) Exclusiveness of statutory basis for bonding requirement for persons handling funds or other property of employee benefit plans.
(e) Regulations.
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ERISA 413
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29 USC 1113
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Limitation of actions.
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ERISA 414
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29 USC 1114
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Effective date.
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PART 5 - ADMINISTRATION AND ENFORCEMENT
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ERISA 501
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29 USC 1131
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Criminal penalties.
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ERISA 502
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29 USC 1132
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Civil enforcement.
(a) Persons empowered to bring a civil action.
(b) Plans qualified under Internal Revenue Code; maintenance of actions involving delinquent contributions.
(c) Administrator's refusal to supply requested information; penalty for failure to provide annual report in complete form.
(d) Status of employee benefit plan as entity.
(e) Jurisdiction.
(f) Amount in controversy; citizenship of parties.
(g) Attorney's fees and costs; awards in actions involving delinquent contributions.
(h) Service upon Secretary of Labor and Secretary of the Treasury.
(i) Administrative assessment of civil penalty.
(j) Direction and control of litigation by Attorney General.
(k) Jurisdiction of actions against the Secretary of Labor.
(l) Civil penalties on violations by fiduciaries.
(m) Penalty for improper distribution.
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ERISA 503
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29 USC 1133
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Claims procedure.
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ERISA 504
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29 USC 1134
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Investigative authority.
(a) Investigation and submission of reports, books, etc.
(b) Frequency of submission of books and records.
(c) Other provisions applicable relating to attendance of witnesses and production of books, records, etc.
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ERISA 505
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29 USC 1135
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Regulations.
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ERISA 506
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29 USC 1136
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Coordination and responsibility of agencies enforcing this subchapter and related Federal laws.
(a) Coordination with other agencies and departments.
(b) Responsibility for detecting and investigating civil and criminal violations of this subchapter and related Federal laws.
(c) Coordination of enforcement with States with respect to certain arrangements.
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ERISA 507
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29 USC 1137
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Administration.
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ERISA 508
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29 USC 1138
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Appropriations.
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ERISA 509
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29 USC 1139
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Separability.
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ERISA 510
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29 USC 1140
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Interference with protected rights.
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ERISA 511
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29 USC 1141
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Coercive interference.
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ERISA 512
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29 USC 1142
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Advisory Council on Employee Welfare and Pension Benefit Plans.
(a) Establishment; membership; terms; appointment and reappointment; vacancies; quorum.
(b) Duties and functions.
(c) Executive secretary; secretarial and clerical services.
(d) Compensation.
(e) Termination.
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ERISA 513
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29 USC 1143
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Research, studies, and reports.
(a) Authorization to undertake research and surveys.
(b) Omitted.
(c) Cooperation with Congress.
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[Not part of ERISA]
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29 USC 1143a
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Studies by Comptroller General.
(1) In general.
(2) Access to books, documents, etc.
(3) Definitions.
(4) Effective date.
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ERISA 514
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29 USC 1144
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Other laws.
(a) Supersedure; effective date.
(b) Construction and application.
(c) Definitions.
(d) Alteration, amendment, modification, invalidation, impairment, or supersedure of any law of the United States prohibited.
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[Not part of ERISA]
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29 USC 1144A
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Delinquent contributions.
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ERISA 515
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29 USC 1145
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Outreach to promote retirement income savings.
(a) In general.
(b) Methods.
(c) Information to be made available.
(d) Establishment of site on Internet.
(e) Coordination.
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ERISA 516
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29 USC 1146
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National Summit on Retirement Savings.
(a) Authority to call Summit.
(b) Planning and direction.
(c) Purpose of National Summit.
(d) Scope of National Summit.
(e) National Summit participants.
(f) National Summit administration.
(g) Report.
(h) "State" defined.
(i) Authorization of appropriations.
(j) Financial obligation for fiscal year 1998.
(k) Contracts.
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