Page 445 TITLE 29—LABOR § 1132

(A) in the case of a sale, exchange, or other

disposition of the property by the plan to

the party in interest, the plan receives an

amount which is not less than the fair market value of the property at the time of such

disposition; and

(B) in the case of the acquisition of the

property by the plan, the plan pays an

amount which is not in excess of the fair

market value of the property at the time of

such acquisition;

(4) until June 30, 1977, to the provision of

services, to which paragraphs (1), (2), and (3)

do not apply between a plan and a party in interest—

(A) under a binding contract in effect on

July 1, 1974 (or pursuant to renewals of such

contract), or

(B) if the party in interest ordinarily and

customarily furnished such services on June

30, 1974, if such provision of services remains

at least as favorable to the plan as an arm’slength transaction with an unrelated party

would be and if such provision of services

was not, at the time of such provision, a prohibited transaction (within the meaning of

section 503(b) of title 26) or the corresponding provisions of prior law; or

(5) the sale, exchange, or other disposition of

property which is owned by a plan on June 30,

1974, and all times thereafter, to a party in interest, if such plan is required to dispose of

such property in order to comply with the provisions of section 1107(a) of this title (relating

to the prohibition against holding excess employer securities and employer real property),

and if the plan receives not less than adequate

consideration.

(d) Any election, or failure to elect, by a disqualified person under section 2003(c)(1)(B) of

this Act shall be treated for purposes of this

part (but not for purposes of section 1144 of this

title) as an act or omission occurring before the

effective date of this part.

(e) The preceding provisions of this section

shall not apply with respect to amendments

made to this part in provisions enacted after

September 2, 1974.

(Pub. L. 93–406, title I, §414, Sept. 2, 1974, 88 Stat.

889; Pub. L. 101–239, title VII, §7894(e)(6), (h)(4),

Dec. 19, 1989, 103 Stat. 2450, 2451.)

REFERENCES IN TEXT

Section 2003(c)(1)(B) of this Act, referred to in subsec.

(d), is section 2003(c)(1)(B) of Pub. L. 93–406, which is set

out as an Effective Date; Savings Provisions note under

section 4975 of Title 26, Internal Revenue Code.

AMENDMENTS

1989—Subsec. (c)(2). Pub. L. 101–239, §7894(e)(6), 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, and substituted ‘‘or the corresponding

provisions of prior law)’’ for ‘‘) or the corresponding

provisions of prior law’’.

Subsec. (e). Pub. L. 101–239, §7894(h)(4), added subsec.

(e).

EFFECTIVE DATE OF 1989 AMENDMENT

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

otherwise provided, as if originally included in the provision of the Employee Retirement Income Security

Act of 1974, Pub. L. 93–406, to which such amendment

relates, see section 7894(i) 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 section 1107 of this title.

PART 5—ADMINISTRATION AND ENFORCEMENT

§ 1131. Criminal penalties

Any person who willfully violates any provision of part 1 of this subtitle, or any regulation

or order issued under any such provision, shall

upon conviction be fined not more than $5,000 or

imprisoned not more than one year, or both; except that in the case of such violation by a person not an individual, the fine imposed upon

such person shall be a fine not exceeding

$100,000.

(Pub. L. 93–406, title I, §501, Sept. 2, 1974, 88 Stat.

891.)

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 1028 of this title.

§ 1132. Civil enforcement

(a) Persons empowered to bring a civil action

A civil action may be brought—

(1) by a participant or beneficiary—

(A) for the relief provided for in subsection

(c) of this section, or

(B) to recover benefits due to him under

the terms of his plan, to enforce his rights

under the terms of the plan, or to clarify his

rights to future benefits under the terms of

the plan;

(2) by the Secretary, or by a participant,

beneficiary or fiduciary for appropriate relief

under section 1109 of this title;

(3) by a participant, beneficiary, or fiduciary

(A) to enjoin any act or practice which violates any provision of this subchapter or the

terms of the plan, or (B) to obtain other appropriate equitable relief (i) to redress such violations or (ii) to enforce any provisions of this

subchapter or the terms of the plan;

(4) by the Secretary, or by a participant, or

beneficiary for appropriate relief in the case of

a violation of 1025(c) of this title;

(5) except as otherwise provided in subsection (b) of this section, by the Secretary

(A) to enjoin any act or practice which violates any provision of this subchapter, or (B)

to obtain other appropriate equitable relief (i)

to redress such violation or (ii) to enforce any

provision of this subchapter;

(6) by the Secretary to collect any civil penalty under paragraph (2), (4), (5), or (6) of subsection (c) of this section or under subsection

(i) or (l) of this section;

(7) by a State to enforce compliance with a

qualified medical child support order (as defined in section 1169(a)(2)(A) of this title);