Page 379 TITLE 29—LABOR § 1051

1So in original. Probably should be ‘‘3(16)’’.

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 1143, 1343 of this

title.

§ 1031. Repeal and effective date

(a)(1) The Welfare and Pension Plans Disclosure Act [29 U.S.C. 301 et seq.] is repealed except

that such Act shall continue to apply to any

conduct and events which occurred before the effective date of this part.

(2)(A) Section 664 of title 18 is amended by

striking out ‘‘any such plan subject to the provisions of the Welfare and Pension Plans Disclosure Act’’ and inserting in lieu thereof ‘‘any employee benefit plan subject to any provisions of

title I of the Employee Retirement Income Security Act of 1974’’.

(B)(i) Section 1027 of such title 18 is amended

by striking out ‘‘Welfare and Pension Plans Disclosure Act’’ and inserting in lieu thereof ‘‘title

I of the Employee Retirement Income Security

Act of 1974’’, and by striking out ‘‘Act’’ each

place it appears and inserting in lieu thereof

‘‘title’’.

(ii) The heading for such section is amended

by striking out ‘‘WELFARE AND PENSION PLANS

DISCLOSURE ACT’’ and inserting in lieu thereof

‘‘EMPLOYEE RETIREMENT INCOME SECURITY ACT OF

1974’’.

(iii) The table of sections of chapter 47 of such

title 18 is amended by striking out ‘‘Welfare and

Pension Plans Disclosure Act’’ in the item relating to section 1027 and inserting in lieu thereof

‘‘Employee Retirement Income Security Act of

1974’’.

(C) Section 1954 of such title 18 is amended by

striking out ‘‘any plan subject to the provisions

of the Welfare and Pension Plans Disclosure Act

as amended’’ and inserting in lieu thereof ‘‘any

employee welfare benefit plan or employee pension benefit plan, respectively, subject to any

provisions of title I of the Employee Retirement

Income Security Act of 1974’’; and by striking

out ‘‘sections 3(3) and 5(b)(1) and (2) of the Welfare and Pension Plans Disclosure Act, as

amended’’ and inserting in lieu thereof ‘‘sections

3(4) and (3)(16) 1 of the Employee Retirement Income Security Act of 1974’’.

(D) Section 211 of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 441)

is amended by striking out ‘‘Welfare and Pension Plans Disclosure Act’’ and inserting in lieu

thereof ‘‘Employee Retirement Income Security

Act of 1974’’.

(b)(1) Except as provided in paragraph (2), this

part (including the amendments and repeals

made by subsection (a) of this section) shall

take effect on January 1, 1975.

(2) In the case of a plan which has a plan year

which begins before January 1, 1975, and ends

after December 31, 1974, the Secretary may postpone by regulation the effective date of the repeal of any provision of the Welfare and Pension

Plans Disclosure Act (and of any amendment

made by subsection (a)(2) of this section) and

the effective date of any provision of this part,

until the beginning of the first plan year of such

plan which begins after January 1, 1975.

(c) The provisions of this subchapter authorizing the Secretary to promulgate regulations

shall take effect on September 2, 1974.

(d) Subsections (b) and (c) 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, §111, Sept. 2, 1974, 88 Stat.

851; Pub. L. 101–239, title VII, §7894(h)(1), Dec. 19,

1989, 103 Stat. 2451.)

REFERENCES IN TEXT

The Welfare and Pension Plans Disclosure Act, referred to in subsecs. (a)(1), (2), (b)(2), is Pub. L. 85–836,

Aug. 28, 1958, 72 Stat. 997, as amended, which was classified generally to chapter 10 (§301 et seq.) of this title.

For complete classification of this Act to the Code, see

Short Title note set out under section 301 of this title

and Tables.

Title I of the Employee Retirement Income Security

Act of 1974, referred to in subsec. (a)(2)(A) to (C), means

title I of Pub. L. 93–406, which enacted this subchapter,

amended section 441 of this title, section 5108 of Title

5, Government Organization and Employees, and sections 664, 1027, and 1954 of Title 18, Crimes and Criminal

Procedure, and repealed sections 301 to 309 of this title.

The Employee Retirement Income Security Act of

1974, referred to in subsec. (a)(2)(B)(ii), (iii), (D), is Pub.

L. 93–406, Sept. 2, 1974, 88 Stat. 829, as amended. 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.

AMENDMENTS

1989—Subsec. (d). Pub. L. 101–239 added subsec. (d).

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 1144 of this title.

PART 2—PARTICIPATION AND VESTING

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1103, 1132, 1201, 1202

of this title; title 26 section 6057.

§ 1051. Coverage

This part shall apply to any employee benefit

plan described in section 1003(a) of this title (and

not exempted under section 1003(b) of this title)

other than—

(1) an employee welfare benefit plan;

(2) a plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a

select group of management or highly compensated employees;

(3)(A) a plan established and maintained by

a society, order, or association described in

section 501(c)(8) or (9) of title 26, if no part of

the contributions to or under such plan are