Page 449 TITLE 29—LABOR § 1133

Pub. L. 101–239, §2101(b), inserted ‘‘or (l)’’ after ‘‘subsection (i)’’.

Subsec. (b)(1). Pub. L. 101–239, §7894(f)(1), substituted

‘‘respect’’ for ‘‘respct’’ before ‘‘to a violation’’ in introductory provisions.

Pub. L. 101–239, §7891(a)(1), 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.

Subsec. (c)(2). Pub. L. 101–239, §7881(j)(3), inserted

‘‘against any plan administrator’’ after ‘‘civil penalty’’

and substituted ‘‘such plan administrator’s’’ for ‘‘a

plan administrator’s’’.

Subsec. (c)(3). Pub. L. 101–239, §7881(b)(5)(B), added

par. (3).

Subsec. (g)(2). Pub. L. 101–239, §7891(a)(1), 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.

Subsec. (l). Pub. L. 101–239, §2101(a), added subsec. (l).

1987—Subsec. (c). Pub. L. 100–203, §9342(c), designated

existing provision as par. (1), redesignated as cls. (A)

and (B) former cls. (1) and (2), and added par. (2).

Subsec. (i). Pub. L. 100–203, §9344, amended second

sentence generally. Prior to amendment, second sentence read as follows: ‘‘The amount of such penalty

may not exceed 5 percent of the amount involved (as

defined in section 4975(f)(4) of title 26); except that if

the transaction is not corrected (in such manner as the

Secretary shall prescribe by regulation, which regulations shall be consistent with section 4975(f)(5) of title

26) within 90 days after notice from the Secretary (or

such longer period as the Secretary may permit), such

penalty may be in an amount not more than 100 percent of the amount involved.’’

1986—Subsec. (c). Pub. L. 99–272 inserted ‘‘(1) who fails

to meet the requirements of paragraph (1) or (4) of section 1166 of this title with respect to a participant or

beneficiary, or (2)’’.

1980—Subsec. (b). Pub. L. 96–364, §306(b)(1), redesignated existing provisions as par. (1)(A) and (B) and

added par. (2).

Subsec. (g). Pub. L. 96–364, §306(b)(2), redesignated existing provisions as par. (1), inserted exception for actions under paragraph (2), and added par. (2).

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 1994 AMENDMENTS

Amendment by Pub. L. 103–465 applicable to plan

years beginning after Dec. 31, 1994, see section 761(b)(1)

of Pub. L. 103–465, set out as a note under section 1056

of this title.

Section 5 of Pub. L. 103–401 provided that: ‘‘The

amendments made by this Act [amending this section]

shall apply to any legal proceeding pending, or brought,

on or after May 31, 1993.’’

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101–508 applicable to qualified

transfers under section 420 of title 26 made after Nov.

5, 1990, see section 12012(e) of Pub. L. 101–508, set out as

a note under section 1021 of this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 2101(c) of Pub. L. 101–239 provided that: ‘‘The

amendments made by this section [amending this section] shall apply to any breach of fiduciary responsibility or other violation occurring on or after the date of

the enactment of this Act [Dec. 19, 1989].’’

Amendment by section 7881(b)(5)(B), (j)(2), (3) of Pub.

L. 101–239 effective, except as otherwise provided, as if

included in the provision of the Pension Protection

Act, Pub. L. 100–203, §§9302–9346, to which such amendment relates, see section 7882 of Pub. L. 101–239, set out

as a note under section 401 of Title 26, Internal Revenue

Code.

Amendment by section 7891(a)(1) of 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.

Amendment by section 7894(f)(1) of 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.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 9342(d) of Pub. L. 100–203 provided that:

‘‘(1) IN GENERAL.—The amendments made by this section [amending this section and sections 1023, 1024, and

1113 of this title] shall apply with respect to reports required to be filed after December 31, 1987.

‘‘(2) REGULATIONS.—The Secretary of Labor shall

issue the regulations required to carry out the amendments made by subsection (c) [amending this section]

not later than January 1, 1989.’’

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99–272 applicable to plan years

beginning on or after July 1, 1986, with special rule for

collective bargaining agreements, see section 10002(d)

of Pub. L. 99–272, set out as an Effective Date note

under section 1161 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96–364 effective Sept. 26, 1980,

except as specifically provided, see section 1461(e) 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.

EFFECT OF PUB. L. 103–401 ON OTHER PROVISIONS

Section 4 of Pub. L. 103–401 provided that: ‘‘Nothing

in this Act [amending this section and enacting provisions set out as notes under this section and section

1001 of this title] shall be construed to limit the legal

standing of individuals to bring a civil action as participants or beneficiaries under section 502(a) of the

Employee Retirement Income Security Act of 1974 (29

U.S.C. 1132(a)), and nothing in this Act shall affect the

responsibilities, obligations, or duties imposed upon fiduciaries by title I of the Employee Retirement Income

Security Act of 1974 [this subchapter].’’

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1101, 1136, 1140

of this title.

§ 1133. Claims procedure

In accordance with regulations of the Secretary, every employee benefit plan shall—
§ 1134 TITLE 29—LABOR Page 450

(1) provide adequate notice in writing to any

participant or beneficiary whose claim for

benefits under the plan has been denied, setting forth the specific reasons for such denial,

written in a manner calculated to be understood by the participant, and

(2) afford a reasonable opportunity to any

participant whose claim for benefits has been

denied for a full and fair review by the appropriate named fiduciary of the decision denying

the claim.

(Pub. L. 93–406, title I, §503, Sept. 2, 1974, 88 Stat.

893.)

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 1022 of this title.

§ 1134. Investigative authority

(a) Investigation and submission of reports,

books, etc.

The Secretary shall have the power, in order

to determine whether any person has violated or

is about to violate any provision of this subchapter or any regulation or order thereunder—

(1) to make an investigation, and in connection therewith to require the submission of reports, books, and records, and the filing of

data in support of any information required to

be filed with the Secretary under this subchapter, and

(2) to enter such places, inspect such books

and records and question such persons as he

may deem necessary to enable him to determine the facts relative to such investigation,

if he has reasonable cause to believe there

may exist a violation of this subchapter or any

rule or regulation issued thereunder or if the

entry is pursuant to an agreement with the

plan.

The Secretary may make available to any person actually affected by any matter which is the

subject of an investigation under this section,

and to any department or agency of the United

States, information concerning any matter

which may be the subject of such investigation;

except that any information obtained by the

Secretary pursuant to section 6103(g) of title 26

shall be made available only in accordance with

regulations prescribed by the Secretary of the

Treasury.

(b) Frequency of submission of books and

records

The Secretary may not under the authority of

this section require any plan to submit to the

Secretary any books or records of the plan more

than once in any 12 month period, unless the

Secretary has reasonable cause to believe there

may exist a violation of this subchapter or any

regulation or order thereunder.

(c) Other provisions applicable relating to attendance of witnesses and production of

books, records, etc.

For the purposes of any investigation provided

for in this subchapter, the provisions of sections

49 and 50 of title 15 (relating to the attendance

of witnesses and the production of books,

records, and documents) are hereby made applicable (without regard to any limitation in such

sections respecting persons, partnerships, banks,

or common carriers) to the jurisdiction, powers,

and duties of the Secretary or any officers designated by him. To the extent he considers appropriate, the Secretary may delegate his investigative functions under this section with respect to insured banks acting as fiduciaries of

employee benefit plans to the appropriate Federal banking agency (as defined in section

1813(q) of title 12).

(Pub. L. 93–406, title I, §504, Sept. 2, 1974, 88 Stat.

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

1989, 103 Stat. 2445.)

AMENDMENTS

1989—Subsec. (a). 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 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.

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 sections 1135, 1136 of this

title; title 5 section 8478a.

§ 1135. Regulations

Subject to subchapter II of this chapter and

section 1029 of this title, the Secretary may prescribe such regulations as he finds necessary or

appropriate to carry out the provisions of this

subchapter. Among other things, such regulations may define accounting, technical and

trade terms used in such provisions; may prescribe forms; and may provide for the keeping of

books and records, and for the inspection of such

books and records (subject to section 1134(a) and

(b) of this title).

(Pub. L. 93–406, title I, §505, Sept. 2, 1974, 88 Stat.

894.)

REGULATIONS

Pub. L. 99–272, title XI, §11018, Apr. 7, 1986, 100 Stat.

277, provided that:

‘‘(a) REGULATORY TREATMENT OF ASSETS OF REAL ESTATE ENTITIES.—

‘‘(1) IN GENERAL.—Except as a defense, no rule or

regulation adopted pursuant to the Secretary’s proposed regulation defining ‘plan assets’ for purposes of

the Employee Retirement Income Security Act of

1974 [29 U.S.C. 1001 et seq.] (50 Fed. Reg. 961, January

8, 1985, as modified by 50 Fed. Reg. 6361, February 15,

1985), or any reproposal thereof prior to the adoption

of the regulations required to be issued in accordance

with subsection (d), shall apply to any asset of a real

estate entity in which a plan, account, or arrangement subject to such Act invests if—

‘‘(A) any interest in the entity is first offered to

a plan, account, or arrangement subject to such Act