Page 457 TITLE 29—LABOR § 1145

(d) Alteration, amendment, modification, invalidation, impairment, or supersedure of any

law of the United States prohibited

Nothing in this subchapter shall be construed

to alter, amend, modify, invalidate, impair, or

supersede any law of the United States (except

as provided in sections 1031 and 1137(c) of this

title) or any rule or regulation issued under any

such law.

(Pub. L. 93–406, title I, §514, Sept. 2, 1974, 88 Stat.

897; Pub. L. 97–473, title III, §§301(a), 302(b), Jan.

14, 1983, 96 Stat. 2611, 2613; Pub. L. 98–397, title I,

§104(b), Aug. 23, 1984, 98 Stat. 1436; Pub. L. 99–272,

title IX, §9503(d)(1), Apr. 7, 1986, 100 Stat. 207;

Pub. L. 101–239, title VII, §7894(f)(2)(A), (3)(A),

Dec. 19, 1989, 103 Stat. 2450, 2451; Pub. L. 103–66,

title IV, §4301(c)(4), Aug. 10, 1993, 107 Stat. 377;

Pub. L. 104–191, title I, §101(f)(1), Aug. 21, 1996,

110 Stat. 1953; Pub. L. 104–204, title VI,

§603(b)(3)(G), Sept. 26, 1996, 110 Stat. 2938.)

REFERENCES IN TEXT

The Social Security Act, referred to in subsec.

(b)(8)(B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as

amended. Title XIX of the Social Security Act is classified generally to subchapter XIX (§1396 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

AMENDMENTS

1996—Subsec. (b)(9). Pub. L. 104–204 made technical

amendment to reference in original act which appears

in text as reference to section 1191 of this title.

Pub. L. 104–191 added par. (9).

1993—Subsec. (b)(7). Pub. L. 103–66, §4301(c)(4)(A),

which directed the insertion in par. (7)(D) of

‘‘, qualified medical child support orders (within the

meaning of section 1169(a)(2)(A) of this title), and the

provisions of law referred to in section 1169(a)(2)(B)(ii)

of this title to the extent enforced by qualified medical

child support orders’’ before the period, was executed

by making the insertion before the period at end of par.

(7), to reflect the probable intent of Congress.

Subsec. (b)(8). Pub. L. 103–66, §4301(c)(4)(B), added par.

(8) and struck out former par. (8) which read as follows:

‘‘Subsection (a) of this section shall not apply to any

State law mandating that an employee benefit plan not

include any provision which has the effect of limiting

or excluding coverage or payment for any health care

for an individual who would otherwise be covered or entitled to benefits or services under the terms of the employee benefit plan, because that individual is provided,

or is eligible for, benefits or services pursuant to a plan

under title XIX of the Social Security Act, to the extent such law is necessary for the State to be eligible

to receive reimbursement under title XIX of that Act.’’

1989—Subsec. (b)(5)(C). Pub. L. 101–239, §7894(f)(2)(A),

substituted ‘‘by such parts 1 and 4 and the preceding

sections of this part’’ for ‘‘by such parts’’.

Subsec. (b)(6)(B). Pub. L. 101–239, §7894(f)(3)(A), substituted ‘‘section 1002(1)’’ for ‘‘section 1002(l)’’.

1986—Subsec. (b)(8). Pub. L. 99–272 added par. (8).

1984—Subsec. (b)(7). Pub. L. 98–397 added par. (7).

1983—Subsec. (b)(5). Pub. L. 97–473, §301(a), added par.

(5).

Subsec. (b)(6). Pub. L. 97–473, §302(b), added par. (6).

EFFECTIVE DATE OF 1996 AMENDMENTS

Amendment by Pub. L. 104–204 applicable with respect to group health plans for plan years beginning on

or after Jan. 1, 1998, see section 603(c) of Pub. L. 104–204,

set out as a note under section 1003 of this title.

Amendment by Pub. L. 104–191 applicable with respect to group health plans for plan years beginning

after June 30, 1997, except as otherwise provided, see

section 101(g) of Pub. L. 104–191, set out as a note under

section 1181 of this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 7894(f)(2)(B) of Pub. L. 101–239 provided that:

‘‘The amendment made by this paragraph [amending

this section] shall take effect as if included in section

301 of Public Law 97–473.’’

Section 7894(f)(3)(B) of Pub. L. 101–239 provided that:

‘‘The amendments made by this paragraph [amending

this section] shall take effect as if included in section

302 of Public Law 97–473.’’

EFFECTIVE DATE OF 1986 AMENDMENT

Section 9503(d)(2) of Pub. L. 99–272 provided that:

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

amendment made by paragraph (1) [amending this section] shall become effective on October 1, 1986.

‘‘(B) In the case of a plan maintained pursuant to one

or more collective bargaining agreements between employee representatives and one or more employers ratified on or before the date of the enactment of this Act

[Apr. 7, 1986], the amendment made by paragraph (1)

shall become effective on the later of—

‘‘(i) October 1, 1986; or

‘‘(ii) the earlier of—

‘‘(I) the date on which the last of the collective

bargaining agreements under which the plan is

maintained, which were in effect on the date of the

enactment of this Act, terminates (determined

without regard to any extension thereof agreed to

after the date of the enactment of this Act); or

‘‘(II) three years after the date of the enactment

of this Act.’’

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–397 effective Jan. 1, 1985,

except as otherwise provided, see section 303(d) of Pub.

L. 98–397, set out as a note under section 1001 of this

title.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 301(c) of Pub. L. 97–473 provided that: ‘‘The

amendment made by this section [amending this section] shall take effect on the date of the enactment of

this Act [Jan. 14, 1983].’’

Amendment by section 302(b) of Pub. L. 97–473 effective Jan. 14, 1983, see section 302(c) of Pub. L. 97–473, set

out as a note under section 1002 of this title.

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.

PLAN AMENDMENTS NOT REQUIRED UNTIL

JANUARY 1, 1994

For provisions setting forth circumstances under

which any amendment to a plan required to be made by

an amendment made by section 4301 of Pub. L. 103–66

shall not be required to be made before the first plan

year beginning on or after Jan. 1, 1994, see section

4301(d) of Pub. L. 103–66, set out as an Effective Date of

1993 Amendment note under section 1021 of this title.

TREATMENT OF OTHER STATE LAWS

Section 301(b) of Pub. L. 97–473 provided that: ‘‘The

amendment made by this section [amending this section] shall not be considered a precedent with respect

to extending such amendment to any other State law.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1114, 1191, 1191b

of this title; title 4 section 114; title 26 section 9805;

title 42 sections 300gg–23, 300gg–62, 300gg–91.

§ 1145. Delinquent contributions

Every employer who is obligated to make contributions to a multiemployer plan under the
§ 1146 TITLE 29—LABOR Page 458

terms of the plan or under the terms of a collectively bargained agreement shall, to the extent

not inconsistent with law, make such contributions in accordance with the terms and conditions of such plan or such agreement.

(Pub. L. 93–406, title I, §515, as added Pub. L.

96–364, title III, §306(a), Sept. 26, 1980, 94 Stat.

1295.)

EFFECTIVE DATE

Section effective Sept. 26, 1980, except as specifically

provided, see section 1461(e) of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1132, 1401, 1451

of this title; title 38 section 4318.

§ 1146. Outreach to promote retirement income

savings

(a) In general

The Secretary shall maintain an ongoing program of outreach to the public designed to effectively promote retirement income savings by

the public.

(b) Methods

The Secretary shall carry out the requirements of subsection (a) of this section by means

which shall ensure effective communication to

the public, including publication of public service announcements, public meetings, creation of

educational materials, and establishment of a

site on the Internet.

(c) Information to be made available

The information to be made available by the

Secretary as part of the program of outreach required under subsection (a) of this section shall

include the following:

(1) a description of the vehicles currently

available to individuals and employers for creating and maintaining retirement income savings, specifically including information explaining to employers, in simple terms, the

characteristics and operation of the different

retirement savings vehicles, including the

steps to establish each such vehicle; and

(2) information regarding matters relevant

to establishing retirement income savings,

such as—

(A) the forms of retirement income savings;

(B) the concept of compound interest;

(C) the importance of commencing savings

early in life;

(D) savings principles;

(E) the importance of prudence and diversification in investing;

(F) the importance of the timing of investments; and

(G) the impact on retirement savings of

life’s uncertainties, such as living beyond

one’s life expectancy.

(d) Establishment of site on Internet

The Secretary shall establish a permanent site

on the Internet concerning retirement income

savings. The site shall contain at least the following information:

(1) a means for individuals to calculate their

estimated retirement savings needs, based on

their retirement income goal as a percentage

of their preretirement income;

(2) a description in simple terms of the common types of retirement income savings arrangements available to both individuals and

employers (specifically including small employers), including information on the amount

of money that can be placed into a given vehicle, the tax treatment of the money, the

amount of accumulation possible through different typical investment options and interest

rate projections, and a directory of resources

of more descriptive information;

(3) materials explaining to employers in simple terms, the characteristics and operation of

the different retirement savings arrangements

for their workers and what the basic legal requirements are under this chapter and the Internal Revenue Code of 1986, including the

steps to establish each such arrangement;

(4) copies of all educational materials developed by the Department of Labor, and by

other Federal agencies in consultation with

such Department, to promote retirement income savings by workers and employers; and

(5) links to other sites maintained on the

Internet by governmental agencies and nonprofit organizations that provide additional

detail on retirement income savings arrangements and related topics on savings or investing.

(e) Coordination

The Secretary shall coordinate the outreach

program under this section with similar efforts

undertaken by other public and private entities.

(Pub. L. 93–406, title I, §516, as added Pub. L.

105–92, §3(a), Nov. 19, 1997, 111 Stat. 2139.)

REFERENCES IN TEXT

This chapter, referred to in subsec. (d)(3), 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.

The Internal Revenue Code of 1986, referred to in subsec. (d)(3), is classified generally to Title 26, Internal

Revenue Code.

FINDINGS AND PURPOSE

Section 2 of Pub. L. 105–92 provided that:

‘‘(a) FINDINGS.—The Congress finds as follows:

‘‘(1) The impending retirement of the baby boom

generation will severely strain our already overburdened entitlement system, necessitating increased reliance on pension and other personal savings.

‘‘(2) Studies have found that less than a third of

Americans have even tried to calculate how much

they will need to have saved by retirement, and that

less than 20 percent are very confident they will have

enough money to live comfortably throughout their

retirement.

‘‘(3) A leading obstacle to expanding retirement

savings is the simple fact that far too many Americans—particularly the young—are either unaware of,

or without the knowledge and resources necessary to

take advantage of, the extensive benefits offered by

our retirement savings system.

‘‘(b) PURPOSE.—It is the purpose of this Act [see Short

Title of 1997 Amendment note, set out under section

1001 of this title]—

‘‘(1) to advance the public’s knowledge and understanding of retirement savings and its critical impor-