§ 1003 TITLE 29—LABOR Page 366

amendments made by Pub. L. 99–509, see section 9204 of

Pub. L. 99–509, set out as an Effective and Termination

Dates of 1986 Amendment note under section 623 of this

title.

AVAILABILITY OF DOCUMENTS VIA FILING DEPOSITORY

Section 1(b) of Pub. L. 105–72 provided that: ‘‘A fiduciary shall be treated as meeting the requirements of

section 3(38)(B)(ii) of the Employee Retirement Income

Security Act of 1974 [29 U.S.C. 1002(38)(B)(ii)] (as amended by subsection (a)) relating to provision to the Secretary of Labor of a copy of the form referred to therein, if a copy of such form (or substantially similar information) is available to the Secretary of Labor from

a centralized electronic or other record-keeping database.’’

PLAN AMENDMENTS NOT REQUIRED UNTIL

JANUARY 1, 1989

For provisions directing that if any amendments

made by subtitle A or subtitle C of title XI [§§1101–1147

and 1171–1177] or title XVIII [§§1800–1899A] of Pub. L.

99–514 require an amendment to any plan, such plan

amendment shall not be required to be made before the

first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99–514, as amended, set out as a

note under section 401 of Title 26, Internal Revenue

Code.

For provisions directing that if any amendments

made by Pub. L. 99–509 require an amendment to any

plan, such plan amendment shall not be required to be

made before the first plan year beginning on or after

Jan. 1, 1989, see section 9204 of Pub. L. 99–509, set out as

an Effective and Termination Dates of 1986 Amendment

note under section 623 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 623, 1003, 1023,

1053, 1055, 1056, 1081, 1082, 1143a, 1144, 1301, 1321, 1342, 1453,

2104, 2611 of this title; title 5 sections 8438, 8477; title 12

section 1821; title 15 sections 77b, 662; title 18 section

1954; title 26 sections 412, 414, 3121, 3306, 4980B, 4980D,

9702, 9712, 9803; title 38 sections 4303, 4317, 4318; title 42

sections 300bb–8, 300gg–91, 409, 1306, 3058k.

§ 1003. Coverage

(a) Except as provided in subsection (b) of this

section and in sections 1051, 1081, and 1101 of this

title, this subchapter shall apply to any employee benefit plan if it is established or maintained—

(1) by any employer engaged in commerce or

in any industry or activity affecting commerce; or

(2) by any employee organization or organizations representing employees engaged in

commerce or in any industry or activity affecting commerce; or

(3) by both.

(b) The provisions of this subchapter shall not

apply to any employee benefit plan if—

(1) such plan is a governmental plan (as defined in section 1002(32) of this title);

(2) such plan is a church plan (as defined in

section 1002(33) of this title) with respect to

which no election has been made under section

410(d) of title 26;

(3) such plan is maintained solely for the

purpose of complying with applicable workmen’s compensation laws or unemployment

compensation or disability insurance laws;

(4) such plan is maintained outside of the

United States primarily for the benefit of persons substantially all of whom are nonresident

aliens; or

(5) such plan is an excess benefit plan (as defined in section 1002(36) of this title) and is unfunded.

The provisions of part 7 of subtitle B shall not

apply to a health insurance issuer (as defined in

section 1191b(b)(2) of this title) solely by reason

of health insurance coverage (as defined in section 1191b(b)(1) of this title) provided by such issuer in connection with a group health plan (as

defined in section 1191b(a)(1) of this title) if the

provisions of this subchapter do not apply to

such group health plan.

(Pub. L. 93–406, title I, §4, Sept. 2, 1974, 88 Stat.

839; Pub. L. 101–239, title VII, §7891(a)(1), Dec. 19,

1989, 103 Stat. 2445; Pub. L. 104–191, title I,

§101(d), Aug. 21, 1996, 110 Stat. 1952; Pub. L.

104–204, title VI, §603(b)(3)(A), Sept. 26, 1996, 110

Stat. 2938.)

AMENDMENTS

1996—Subsec. (b). Pub. L. 104–204, in concluding provisions, made technical amendment to references in

original act which appear in text as references to section 1191b of this title.

Pub. L. 104–191 inserted at end ‘‘The provisions of part

7 of subtitle B shall not apply to a health insurance issuer (as defined in section 1191b(b)(2) of this title) solely by reason of health insurance coverage (as defined in

section 1191b(b)(1) of this title) provided by such issuer

in connection with a group health plan (as defined in

section 1191b(a)(1) of this title) if the provisions of this

subchapter do not apply to such group health plan.’’

1989—Subsec. (b)(2). Pub. L. 101–239 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue

Code of 1954’’, which for purposes of codification was

translated as ‘‘title 26’’ thus requiring no change in

text.

EFFECTIVE DATE OF 1996 AMENDMENTS

Section 603(c) of Pub. L. 104–204 provided that: ‘‘The

amendments made by this section [enacting section

1185 of this title and amending this section and sections

1021, 1022, 1024, 1132, 1136, 1144, 1181, 1191, and 1191a of

this title] shall apply with respect to group health

plans for plan years beginning on or after January 1,

1998.’’

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 an Effective

Date note under section 1181 of this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101–239 effective, except as

otherwise provided, as if included in the provision of

the Tax Reform Act of 1986, Pub. L. 99–514, to which

such amendment relates, see section 7891(f) of Pub. L.

101–239, set out as a note under section 1002 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1051, 1081, 1101,

1144 of this title.

SUBTITLE B—REGULATORY PROVISIONS

PART 1—REPORTING AND DISCLOSURE

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1131, 1169 of this

title.

§ 1021. Duty of disclosure and reporting

(a) Summary plan description and information

to be furnished to participants and beneficiaries

The administrator of each employee benefit

plan shall cause to be furnished in accordance