Page 455 TITLE 29—LABOR § 1144

fects of this subchapter upon the provisions and

costs of pension plans, (B) the role of private

pensions in meeting the economic security needs

of the Nation, and (C) the operation of private

pension plans including types and levels of benefits, degree of reciprocity or portability, and financial and actuarial characteristics and practices, and methods of encouraging the growth of

the private pension system.

(3) The Secretary may, as he deems appropriate or necessary, undertake other studies relating to employee benefit plans, the matters

regulated by this subchapter, and the enforcement procedures provided for under this subchapter.

(4) The research, surveys, studies, and publications referred to in this subsection may be conducted directly, or indirectly through grant or

contract arrangements.

(b) Submission of annual report to Congress;

contents

The Secretary shall submit annually a report

to the Congress covering his administration of

this subchapter for the preceding year, and including (1) an explanation of any variances or

extensions granted under section 1030, 1057, 1083,

or 1084 of this title and the projected date for

terminating the variance; (2) the status of cases

in enforcement status; (3) recommendations received from the Advisory Council during the

preceding year; and (4) such information, data,

research findings, studies, and recommendations

for further legislation in connection with the

matters covered by this subchapter as he may

find advisable.

(c) Cooperation with Congress

The Secretary is authorized and directed to

cooperate with the Congress and its appropriate

committees, subcommittees, and staff in supplying data and any other information, and personnel and services, required by the Congress in any

study, examination, or report by the Congress

relating to pension benefit plans established or

maintained by States or their political subdivisions.

(Pub. L. 93–406, title I, §513, Sept. 2, 1974, 88 Stat.

896.)

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(1), was in the

original ‘‘this Act’’, meaning Pub. L. 93–406, known as

the Employee Retirement Income Security Act of 1974.

Titles I, III, and IV of such Act are classified principally to this chapter. For complete classification of

this Act to the Code, see Short Title note set out under

section 1001 of this title and Tables.

REGULATIONS

Secretary authorized, effective Sept. 2, 1974, to promulgate regulations wherever provisions of this subchapter call for the promulgation of regulations, see

section 1031 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1142 of this title.

§ 1143a. Studies by Comptroller General

(1) In general

The Comptroller General of the United States

may, pursuant to the request of any Member of

Congress, study employee benefit plans, including the effects of such plans on employees, participants, and their beneficiaries.

(2) Access to books, documents, etc.

For the purpose of conducting studies under

this section, the Comptroller General, or any of

his duly authorized representatives, shall have

access to and the right to examine and copy any

books, documents, papers, records, or other recorded information—

(A) within the possession or control of the

administrator, sponsor, or employer of and

persons providing services to any employee

benefit plan, and

(B) which the Comptroller General or his

representative finds, in his own judgment, pertinent to such study.

The Comptroller General shall not disclose the

identity of any individual or employer in making any information obtained under this section

available to the public.

(3) Definitions

For purposes of this section, the terms ‘‘employee benefit plan’’, ‘‘participant’’, ‘‘administrator’’, ‘‘beneficiary’’, ‘‘plan sponsor’’, ‘‘employee’’, and ‘‘employer’’ are defined in section

1002 of this title.

(4) Effective date

The preceding provisions of this section shall

be effective on April 7, 1986.

(Pub. L. 99–272, title XI, §11016(d), Apr. 7, 1986,

100 Stat. 275.)

CODIFICATION

Section was enacted as part of the Single-Employer

Pension Plan Amendments Act of 1986, and also as part

of the Consolidated Omnibus Budget Reconciliation

Act of 1985, and not as part of the Employee Retirement Income Security Act of 1974 which comprises this

chapter.

§ 1144. Other laws

(a) Supersedure; effective date

Except as provided in subsection (b) of this

section, the provisions of this subchapter and

subchapter III of this chapter shall supersede

any and all State laws insofar as they may now

or hereafter relate to any employee benefit plan

described in section 1003(a) of this title and not

exempt under section 1003(b) of this title. This

section shall take effect on January 1, 1975.

(b) Construction and application

(1) This section shall not apply with respect to

any cause of action which arose, or any act or

omission which occurred, before January 1, 1975.

(2)(A) Except as provided in subparagraph (B),

nothing in this subchapter shall be construed to

exempt or relieve any person from any law of

any State which regulates insurance, banking,

or securities.

(B) Neither an employee benefit plan described

in section 1003(a) of this title, which is not exempt under section 1003(b) of this title (other

than a plan established primarily for the purpose of providing death benefits), nor any trust

established under such a plan, shall be deemed

to be an insurance company or other insurer,