§ 1002 TITLE 29—LABOR Page 358

(1) single-employer defined benefit pension

plans have a substantial impact on interstate

commerce and are affected with a national interest;

(2) the continued well-being and retirement

income security of millions of workers, retirees, and their dependents are directly affected

by such plans;

(3) the existence of a sound termination insurance system is fundamental to the retirement income security of participants and

beneficiaries of such plans; and

(4) the current termination insurance system in some instances encourages employers

to terminate pension plans, evade their obligations to pay benefits, and shift unfunded pension liabilities onto the termination insurance

system and the other premium-payers.

(b) Additional findings

The Congress further finds that modification

of the current termination insurance system

and an increase in the insurance premium for

single-employer defined benefit pension plans—

(1) is desirable to increase the likelihood

that full benefits will be paid to participants

and beneficiaries of such plans;

(2) is desirable to provide for the transfer of

liabilities to the termination insurance system only in cases of severe hardship;

(3) is necessary to maintain the premium

costs of such system at a reasonable level; and

(4) is necessary to finance properly current

funding deficiencies and future obligations of

the single-employer pension plan termination

insurance system.

(c) Declaration of policy

It is hereby declared to be the policy of this

title—

(1) to foster and facilitate interstate commerce;

(2) to encourage the maintenance and

growth of single-employer defined benefit pension plans;

(3) to increase the likelihood that participants and beneficiaries under single-employer

defined benefit pension plans will receive their

full benefits;

(4) to provide for the transfer of unfunded

pension liabilities onto the single-employer

pension plan termination insurance system

only in cases of severe hardship;

(5) to maintain the premium costs of such

system at a reasonable level; and

(6) to assure the prudent financing of current

funding deficiencies and future obligations of

the single-employer pension plan termination

insurance system by increasing termination

insurance premiums.

(Pub. L. 99–272, title XI, §11002, Apr. 7, 1986, 100

Stat. 237.)

REFERENCES IN TEXT

This title, referred to in subsec. (c), is title XI of Pub.

L. 99–272, Apr. 7, 1986, 100 Stat. 237, known as the Single-Employer Pension Plan Amendments Act of 1986.

For complete classification of this Act to the Code, see

Short Title of 1986 Amendment note set out under section 1001 of this title and Tables.

CODIFICATION

Section was enacted as part of the Single-Employer

Pension Plan Amendments Act of 1986, and not as part

of the Employee Retirement Income Security Act of

1974 which comprises this chapter.

EFFECTIVE DATE

Section effective Jan. 1, 1986, with certain exceptions,

see section 11019 of Pub. L. 99–272, set out as an Effective Date of 1986 Amendment note under section 1341 of

this title.

§ 1002. Definitions

For purposes of this subchapter:

(1) The terms ‘‘employee welfare benefit plan’’

and ‘‘welfare plan’’ mean any plan, fund, or program which was heretofore or is hereafter established or maintained by an employer or by an

employee organization, or by both, to the extent

that such plan, fund, or program was established

or is maintained for the purpose of providing for

its participants or their beneficiaries, through

the purchase of insurance or otherwise, (A) medical, surgical, or hospital care or benefits, or

benefits in the event of sickness, accident, disability, death or unemployment, or vacation

benefits, apprenticeship or other training programs, or day care centers, scholarship funds, or

prepaid legal services, or (B) any benefit described in section 186(c) of this title (other than

pensions on retirement or death, and insurance

to provide such pensions).

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

the terms ‘‘employee pension benefit plan’’ and

‘‘pension plan’’ mean any plan, fund, or program

which was heretofore or is hereafter established

or maintained by an employer or by an employee organization, or by both, to the extent

that by its express terms or as a result of surrounding circumstances such plan, fund, or program—

(i) provides retirement income to employees,

or

(ii) results in a deferral of income by employees for periods extending to the termination of covered employment or beyond,

regardless of the method of calculating the contributions made to the plan, the method of calculating the benefits under the plan or the

method of distributing benefits from the plan.

(B) The Secretary may by regulation prescribe

rules consistent with the standards and purposes

of this chapter providing one or more exempt

categories under which—

(i) severance pay arrangements, and

(ii) supplemental retirement income payments, under which the pension benefits of retirees or their beneficiaries are supplemented

to take into account some portion or all of the

increases in the cost of living (as determined

by the Secretary of Labor) since retirement,

shall, for purposes of this subchapter, be treated

as welfare plans rather than pension plans. In

the case of any arrangement or payment a principal effect of which is the evasion of the standards or purposes of this chapter applicable to

pension plans, such arrangement or payment

shall be treated as a pension plan.

(3) The term ‘‘employee benefit plan’’ or

‘‘plan’’ means an employee welfare benefit plan

or an employee pension benefit plan or a plan

which is both an employee welfare benefit plan

and an employee pension benefit plan.
Page 359 TITLE 29—LABOR § 1002

1So in original. The period probably should be a comma.

(4) The term ‘‘employee organization’’ means

any labor union or any organization of any kind,

or any agency or employee representation committee, association, group, or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning an employee benefit plan, or

other matters incidental to employment relationships; or any employees’ beneficiary association organized for the purpose in whole or in

part, of establishing such a plan.

(5) The term ‘‘employer’’ means any person

acting directly as an employer, or indirectly in

the interest of an employer, in relation to an

employee benefit plan; and includes a group or

association of employers acting for an employer

in such capacity.

(6) The term ‘‘employee’’ means any individual

employed by an employer.

(7) The term ‘‘participant’’ means any employee or former employee of an employer, or

any member or former member of an employee

organization, who is or may become eligible to

receive a benefit of any type from an employee

benefit plan which covers employees of such employer or members of such organization, or

whose beneficiaries may be eligible to receive

any such benefit.

(8) The term ‘‘beneficiary’’ means a person

designated by a participant, or by the terms of

an employee benefit plan, who is or may become

entitled to a benefit thereunder.

(9) The term ‘‘person’’ means an individual,

partnership, joint venture, corporation, mutual

company, joint-stock company, trust, estate,

unincorporated organization, association, or employee organization.

(10) The term ‘‘State’’ includes any State of

the United States, the District of Columbia,

Puerto Rico, the Virgin Islands, American

Samoa, Guam, Wake Island, and the Canal Zone.

The term ‘‘United States’’ when used in the geographic sense means the States and the Outer

Continental Shelf lands defined in the Outer

Continental Shelf Lands Act (43 U.S.C.

1331–1343).

(11) The term ‘‘commerce’’ means trade, traffic, commerce, transportation, or communication between any State and any place outside

thereof.

(12) The term ‘‘industry or activity affecting

commerce’’ means any activity, business, or industry in commerce or in which a labor dispute

would hinder or obstruct commerce or the free

flow of commerce, and includes any activity or

industry ‘‘affecting commerce’’ within the

meaning of the Labor Management Relations

Act, 1947 [29 U.S.C. 141 et seq.], or the Railway

Labor Act [45 U.S.C. 151 et seq.].

(13) The term ‘‘Secretary’’ means the Secretary of Labor.

(14) The term ‘‘party in interest’’ means, as to

an employee benefit plan—

(A) any fiduciary (including, but not limited

to, any administrator, officer, trustee, or custodian), counsel, or employee of such employee benefit plan;

(B) a person providing services to such plan;

(C) an employer any of whose employees are

covered by such plan;

(D) an employee organization any of whose

members are covered by such plan;

(E) an owner, direct or indirect, of 50 percent

or more of—

(i) the combined voting power of all classes

of stock entitled to vote or the total value of

shares of all classes of stock of a corporation.1

(ii) the capital interest or the profits interest of a partnership, or

(iii) the beneficial interest of a trust or unincorporated enterprise,

which is an employer or an employee organization described in subparagraph (C) or (D);

(F) a relative (as defined in paragraph (15))

of any individual described in subparagraph

(A), (B), (C), or (E);

(G) a corporation, partnership, or trust or

estate of which (or in which) 50 percent or

more of—

(i) the combined voting power of all classes

of stock entitled to vote or the total value of

shares of all classes of stock of such corporation,

(ii) the capital interest or profits interest

of such partnership, or

(iii) the beneficial interest of such trust or

estate,

is owned directly or indirectly, or held by persons described in subparagraph (A), (B), (C),

(D), or (E);

(H) an employee, officer, director (or an individual having powers or responsibilities similar to those of officers or directors), or a 10

percent or more shareholder directly or indirectly, of a person described in subparagraph

(B), (C), (D), (E), or (G), or of the employee

benefit plan; or

(I) a 10 percent or more (directly or indirectly in capital or profits) partner or joint

venturer of a person described in subparagraph

(B), (C), (D), (E), or (G).

The Secretary, after consultation and coordination with the Secretary of the Treasury, may by

regulation prescribe a percentage lower than 50

percent for subparagraph (E) and (G) and lower

than 10 percent for subparagraph (H) or (I). The

Secretary may prescribe regulations for determining the ownership (direct or indirect) of

profits and beneficial interests, and the manner

in which indirect stockholdings are taken into

account. Any person who is a party in interest

with respect to a plan to which a trust described

in section 501(c)(22) of title 26 is permitted to

make payments under section 1403 of this title

shall be treated as a party in interest with respect to such trust.

(15) The term ‘‘relative’’ means a spouse, ancestor, lineal descendant, or spouse of a lineal

descendant.

(16)(A) The term ‘‘administrator’’ means—

(i) the person specifically so designated by

the terms of the instrument under which the

plan is operated;

(ii) if an administrator is not so designated,

the plan sponsor; or

(iii) in the case of a plan for which an administrator is not designated and a plan sponsor

cannot be identified, such other person as the

Secretary may by regulation prescribe.
§ 1002 TITLE 29—LABOR Page 360

2See References in Text note below.

(B) The term ‘‘plan sponsor’’ means (i) the employer in the case of an employee benefit plan

established or maintained by a single employer,

(ii) the employee organization in the case of a

plan established or maintained by an employee

organization, or (iii) in the case of a plan established or maintained by two or more employers

or jointly by one or more employers and one or

more employee organizations, the association,

committee, joint board of trustees, or other

similar group of representatives of the parties

who establish or maintain the plan.

(17) The term ‘‘separate account’’ means an

account established or maintained by an insurance company under which income, gains, and

losses, whether or not realized, from assets allocated to such account, are, in accordance with

the applicable contract, credited to or charged

against such account without regard to other income, gains, or losses of the insurance company.

(18) The term ‘‘adequate consideration’’ when

used in part 4 of subtitle B of this subchapter

means (A) in the case of a security for which

there is a generally recognized market, either (i)

the price of the security prevailing on a national

securities exchange which is registered under

section 78f of title 15, or (ii) if the security is not

traded on such a national securities exchange, a

price not less favorable to the plan than the offering price for the security as established by

the current bid and asked prices quoted by persons independent of the issuer and of any party

in interest; and (B) in the case of an asset other

than a security for which there is a generally

recognized market, the fair market value of the

asset as determined in good faith by the trustee

or named fiduciary pursuant to the terms of the

plan and in accordance with regulations promulgated by the Secretary.

(19) The term ‘‘nonforfeitable’’ when used with

respect to a pension benefit or right means a

claim obtained by a participant or his beneficiary to that part of an immediate or deferred

benefit under a pension plan which arises from

the participant’s service, which is unconditional, and which is legally enforceable against

the plan. For purposes of this paragraph, a right

to an accrued benefit derived from employer

contributions shall not be treated as forfeitable

merely because the plan contains a provision described in section 1053(a)(3) of this title.

(20) The term ‘‘security’’ has the same meaning as such term has under section 77b(1) 2 of

title 15.

(21)(A) Except as otherwise provided in subparagraph (B), a person is a fiduciary with respect to a plan to the extent (i) he exercises any

discretionary authority or discretionary control

respecting management of such plan or exercises

any authority or control respecting management or disposition of its assets, (ii) he renders

investment advice for a fee or other compensation, direct or indirect, with respect to any

moneys or other property of such plan, or has

any authority or responsibility to do so, or (iii)

he has any discretionary authority or discretionary responsibility in the administration of

such plan. Such term includes any person designated under section 1105(c)(1)(B) of this title.

(B) If any money or other property of an employee benefit plan is invested in securities issued by an investment company registered

under the Investment Company Act of 1940 [15

U.S.C. 80a–1 et seq.], such investment shall not

by itself cause such investment company or

such investment company’s investment adviser

or principal underwriter to be deemed to be a fiduciary or a party in interest as those terms are

defined in this subchapter, except insofar as

such investment company or its investment adviser or principal underwriter acts in connection

with an employee benefit plan covering employees of the investment company, the investment

adviser, or its principal underwriter. Nothing

contained in this subparagraph shall limit the

duties imposed on such investment company, investment adviser, or principal underwriter by

any other law.

(22) The term ‘‘normal retirement benefit’’

means the greater of the early retirement benefit under the plan, or the benefit under the plan

commencing at normal retirement age. The normal retirement benefit shall be determined

without regard to—

(A) medical benefits, and

(B) disability benefits not in excess of the

qualified disability benefit.

For purposes of this paragraph, a qualified disability benefit is a disability benefit provided by

a plan which does not exceed the benefit which

would be provided for the participant if he separated from the service at normal retirement age.

For purposes of this paragraph, the early retirement benefit under a plan shall be determined

without regard to any benefit under the plan

which the Secretary of the Treasury finds to be

a benefit described in section 1054(b)(1)(G) of this

title.

(23) The term ‘‘accrued benefit’’ means—

(A) in the case of a defined benefit plan, the

individual’s accrued benefit determined under

the plan and, except as provided in section

1054(c)(3) of this title, expressed in the form of

an annual benefit commencing at normal retirement age, or

(B) in the case of a plan which is an individual account plan, the balance of the individual’s account.

The accrued benefit of an employee shall not be

less than the amount determined under section

1054(c)(2)(B) of this title with respect to the employee’s accumulated contribution.

(24) The term ‘‘normal retirement age’’ means

the earlier of—

(A) the time a plan participant attains normal retirement age under the plan, or

(B) the later of—

(i) the time a plan participant attains age

65, or

(ii) the 5th anniversary of the time a plan

participant commenced participation in the

plan.

(25) The term ‘‘vested liabilities’’ means the

present value of the immediate or deferred benefits available at normal retirement age for participants and their beneficiaries which are nonforfeitable.

(26) The term ‘‘current value’’ means fair market value where available and otherwise the fair
Page 361 TITLE 29—LABOR § 1002

value as determined in good faith by a trustee or

a named fiduciary (as defined in section

1102(a)(2) of this title) pursuant to the terms of

the plan and in accordance with regulations of

the Secretary, assuming an orderly liquidation

at the time of such determination.

(27) The term ‘‘present value’’, with respect to

a liability, means the value adjusted to reflect

anticipated events. Such adjustments shall conform to such regulations as the Secretary of the

Treasury may prescribe.

(28) The term ‘‘normal service cost’’ or ‘‘normal cost’’ means the annual cost of future pension benefits and administrative expenses assigned, under an actuarial cost method, to years

subsequent to a particular valuation date of a

pension plan. The Secretary of the Treasury

may prescribe regulations to carry out this

paragraph.

(29) The term ‘‘accrued liability’’ means the

excess of the present value, as of a particular

valuation date of a pension plan, of the projected future benefit costs and administrative

expenses for all plan participants and beneficiaries over the present value of future contributions for the normal cost of all applicable

plan participants and beneficiaries. The Secretary of the Treasury may prescribe regulations to carry out this paragraph.

(30) The term ‘‘unfunded accrued liability’’

means the excess of the accrued liability, under

an actuarial cost method which so provides,

over the present value of the assets of a pension

plan. The Secretary of the Treasury may prescribe regulations to carry out this paragraph.

(31) The term ‘‘advance funding actuarial cost

method’’ or ‘‘actuarial cost method’’ means a

recognized actuarial technique utilized for establishing the amount and incidence of the annual actuarial cost of pension plan benefits and

expenses. Acceptable actuarial cost methods

shall include the accrued benefit cost method

(unit credit method), the entry age normal cost

method, the individual level premium cost

method, the aggregate cost method, the attained age normal cost method, and the frozen

initial liability cost method. The terminal funding cost method and the current funding (payas-you-go) cost method are not acceptable actuarial cost methods. The Secretary of the Treasury shall issue regulations to further define acceptable actuarial cost methods.

(32) The term ‘‘governmental plan’’ means a

plan established or maintained for its employees

by the Government of the United States, by the

government of any State or political subdivision

thereof, or by any agency or instrumentality of

any of the foregoing. The term ‘‘governmental

plan’’ also includes any plan to which the Railroad Retirement Act of 1935, or 1937 [45 U.S.C.

231 et seq.] applies, and which is financed by

contributions required under that Act and any

plan of an international organization which is

exempt from taxation under the provisions of

the International Organizations Immunities Act

[22 U.S.C. 288 et seq.].

(33)(A) The term ‘‘church plan’’ means a plan

established and maintained (to the extent required in clause (ii) of subparagraph (B)) for its

employees (or their beneficiaries) by a church or

by a convention or association of churches

which is exempt from tax under section 501 of

title 26.

(B) The term ‘‘church plan’’ does not include a

plan—

(i) which is established and maintained primarily for the benefit of employees (or their

beneficiaries) of such church or convention or

association of churches who are employed in

connection with one or more unrelated trades

or businesses (within the meaning of section

513 of title 26), or

(ii) if less than substantially all of the individuals included in the plan are individuals described in subparagraph (A) or in clause (ii) of

subparagraph (C) (or their beneficiaries).

(C) For purposes of this paragraph—

(i) A plan established and maintained for its

employees (or their beneficiaries) by a church

or by a convention or association of churches

includes a plan maintained by an organization, whether a civil law corporation or otherwise, the principal purpose or function of

which is the administration or funding of a

plan or program for the provision of retirement benefits or welfare benefits, or both, for

the employees of a church or a convention or

association of churches, if such organization is

controlled by or associated with a church or a

convention or association of churches.

(ii) The term employee of a church or a convention or association of churches includes—

(I) a duly ordained, commissioned, or licensed minister of a church in the exercise

of his ministry, regardless of the source of

his compensation;

(II) an employee of an organization,

whether a civil law corporation or otherwise, which is exempt from tax under section 501 of title 26 and which is controlled by

or associated with a church or a convention

or association of churches; and

(III) an individual described in clause (v).

(iii) A church or a convention or association

of churches which is exempt from tax under

section 501 of title 26 shall be deemed the employer of any individual included as an employee under clause (ii).

(iv) An organization, whether a civil law corporation or otherwise, is associated with a

church or a convention or association of

churches if it shares common religious bonds

and convictions with that church or convention or association of churches.

(v) If an employee who is included in a

church plan separates from the service of a

church or a convention or association of

churches or an organization, whether a civil

law corporation or otherwise, which is exempt

from tax under section 501 of title 26 and

which is controlled by or associated with a

church or a convention or association of

churches, the church plan shall not fail to

meet the requirements of this paragraph merely because the plan—

(I) retains the employee’s accrued benefit

or account for the payment of benefits to the

employee or his beneficiaries pursuant to

the terms of the plan; or

(II) receives contributions on the employee’s behalf after the employee’s separation
§ 1002 TITLE 29—LABOR Page 362

from such service, but only for a period of 5

years after such separation, unless the employee is disabled (within the meaning of the

disability provisions of the church plan or, if

there are no such provisions in the church

plan, within the meaning of section 72(m)(7)

of title 26) at the time of such separation

from service.

(D)(i) If a plan established and maintained for

its employees (or their beneficiaries) by a

church or by a convention or association of

churches which is exempt from tax under section 501 of title 26 fails to meet one or more of

the requirements of this paragraph and corrects

its failure to meet such requirements within the

correction period, the plan shall be deemed to

meet the requirements of this paragraph for the

year in which the correction was made and for

all prior years.

(ii) If a correction is not made within the correction period, the plan shall be deemed not to

meet the requirements of this paragraph beginning with the date on which the earliest failure

to meet one or more of such requirements occurred.

(iii) For purposes of this subparagraph, the

term ‘‘correction period’’ means—

(I) the period ending 270 days after the date

of mailing by the Secretary of the Treasury of

a notice of default with respect to the plan’s

failure to meet one or more of the requirements of this paragraph; or

(II) any period set by a court of competent

jurisdiction after a final determination that

the plan fails to meet such requirements, or, if

the court does not specify such period, any

reasonable period determined by the Secretary

of the Treasury on the basis of all the facts

and circumstances, but in any event not less

than 270 days after the determination has become final; or

(III) any additional period which the Secretary of the Treasury determines is reasonable or necessary for the correction of the default,

whichever has the latest ending date.

(34) The term ‘‘individual account plan’’ or

‘‘defined contribution plan’’ means a pension

plan which provides for an individual account

for each participant and for benefits based solely

upon the amount contributed to the participant’s account, and any income, expenses, gains

and losses, and any forfeitures of accounts of

other participants which may be allocated to

such participant’s account.

(35) The term ‘‘defined benefit plan’’ means a

pension plan other than an individual account

plan; except that a pension plan which is not an

individual account plan and which provides a

benefit derived from employer contributions

which is based partly on the balance of the separate account of a participant—

(A) for the purposes of section 1052 of this

title, shall be treated as an individual account

plan, and

(B) for the purposes of paragraph (23) of this

section and section 1054 of this title, shall be

treated as an individual account plan to the

extent benefits are based upon the separate account of a participant and as a defined benefit

plan with respect to the remaining portion of

benefits under the plan.

(36) The term ‘‘excess benefit plan’’ means a

plan maintained by an employer solely for the

purpose of providing benefits for certain employees in excess of the limitations on contributions

and benefits imposed by section 415 of title 26 on

plans to which that section applies without regard to whether the plan is funded. To the extent that a separable part of a plan (as determined by the Secretary of Labor) maintained by

an employer is maintained for such purpose,

that part shall be treated as a separate plan

which is an excess benefit plan.

(37)(A) The term ‘‘multiemployer plan’’ means

a plan—

(i) to which more than one employer is required to contribute,

(ii) which is maintained pursuant to one or

more collective bargaining agreements between one or more employee organizations and

more than one employer, and

(iii) which satisfies such other requirements

as the Secretary may prescribe by regulation.

(B) For purposes of this paragraph, all trades

or businesses (whether or not incorporated)

which are under common control within the

meaning of section 1301(b)(1) of this title are

considered a single employer.

(C) Notwithstanding subparagraph (A), a plan

is a multiemployer plan on and after its termination date if the plan was a multiemployer

plan under this paragraph for the plan year preceding its termination date.

(D) For purposes of this subchapter, notwithstanding the preceding provisions of this paragraph, for any plan year which began before September 26, 1980, the term ‘‘multiemployer plan’’

means a plan described in this paragraph (37) as

in effect immediately before such date.

(E) Within one year after September 26, 1980, a

multiemployer plan may irrevocably elect, pursuant to procedures established by the corporation and subject to the provisions of sections

1453(b) and (c) of this title, that the plan shall

not be treated as a multiemployer plan for all

purposes under this chapter or the Internal Revenue Code of 1954 if for each of the last 3 plan

years ending prior to the effective date of the

Multiemployer Pension Plan Amendments Act

of 1980—

(i) the plan was not a multiemployer plan

because the plan was not a plan described in

subparagraph (A)(iii) of this paragraph and

section 414(f)(1)(C) of title 26 (as such provisions were in effect on the day before September 26, 1980); and

(ii) the plan had been identified as a plan

that was not a multiemployer plan in substantially all its filings with the corporation, the

Secretary of Labor and the Secretary of the

Treasury.

(F)(i) For purposes of this subchapter a qualified football coaches plan—

(I) shall be treated as a multiemployer plan

to the extent not inconsistent with the purposes of this subparagraph; and

(II) notwithstanding section 401(k)(4)(B) of

title 26, may include a qualified cash and deferred arrangement.
Page 363 TITLE 29—LABOR § 1002

3So in original. Two pars. (41) have been enacted.

(ii) For purposes of this subparagraph, the

term ‘‘qualified football coaches plan’’ means

any defined contribution plan which is established and maintained by an organization—

(I) which is described in section 501(c) of

title 26;

(II) the membership of which consists entirely of individuals who primarily coach football as full-time employees of 4-year colleges

or universities described in section

170(b)(1)(A)(ii) of title 26; and

(III) which was in existence on September 18,

1986.

(38) The term ‘‘investment manager’’ means

any fiduciary (other than a trustee or named fiduciary, as defined in section 1102(a)(2) of this

title)—

(A) who has the power to manage, acquire,

or dispose of any asset of a plan;

(B) who (i) is registered as an investment adviser under the Investment Advisers Act of

1940 [15 U.S.C. 80b–1 et seq.]; (ii) is not registered as an investment adviser under such

Act by reason of paragraph (1) of section

203A(a) of such Act [15 U.S.C. 80b–3a(a)], is registered as an investment adviser under the

laws of the State (referred to in such paragraph (1)) in which it maintains its principal

office and place of business, and, at the time

the fiduciary last filed the registration form

most recently filed by the fiduciary with such

State in order to maintain the fiduciary’s registration under the laws of such State, also

filed a copy of such form with the Secretary;

(iii) is a bank, as defined in that Act; or (iv) is

an insurance company qualified to perform

services described in subparagraph (A) under

the laws of more than one State; and

(C) has acknowledged in writing that he is a

fiduciary with respect to the plan.

(39) The terms ‘‘plan year’’ and ‘‘fiscal year of

the plan’’ mean, with respect to a plan, the calendar, policy, or fiscal year on which the records

of the plan are kept.

(40)(A) The term ‘‘multiple employer welfare

arrangement’’ means an employee welfare benefit plan, or any other arrangement (other than

an employee welfare benefit plan), which is established or maintained for the purpose of offering or providing any benefit described in paragraph (1) to the employees of two or more employers (including one or more self-employed individuals), or to their beneficiaries, except that

such term does not include any such plan or

other arrangement which is established or maintained—

(i) under or pursuant to one or more agreements which the Secretary finds to be collective bargaining agreements,

(ii) by a rural electric cooperative, or

(iii) by a rural telephone cooperative association.

(B) For purposes of this paragraph—

(i) two or more trades or businesses, whether

or not incorporated, shall be deemed a single

employer if such trades or businesses are within the same control group,

(ii) the term ‘‘control group’’ means a group

of trades or businesses under common control,

(iii) the determination of whether a trade or

business is under ‘‘common control’’ with another trade or business shall be determined

under regulations of the Secretary applying

principles similar to the principles applied in

determining whether employees of two or

more trades or businesses are treated as employed by a single employer under section

1301(b) of this title, except that, for purposes

of this paragraph, common control shall not

be based on an interest of less than 25 percent,

(iv) the term ‘‘rural electric cooperative’’

means—

(I) any organization which is exempt from

tax under section 501(a) of title 26 and which

is engaged primarily in providing electric

service on a mutual or cooperative basis,

and

(II) any organization described in paragraph (4) or (6) of section 501(c) of title 26

which is exempt from tax under section

501(a) of title 26 and at least 80 percent of the

members of which are organizations described in subclause (I), and

(v) the term ‘‘rural telephone cooperative association’’ means an organization described in

paragraph (4) or (6) of section 501(c) of title 26

which is exempt from tax under section 501(a)

of title 26 and at least 80 percent of the members of which are organizations engaged primarily in providing telephone service to rural

areas of the United States on a mutual, cooperative, or other basis.

(41) 3 SINGLE-EMPLOYER PLAN.—The term ‘‘single-employer plan’’ means an employee benefit

plan other than a multiemployer plan.

(41) 3 The term ‘‘single-employer plan’’ means

a plan which is not a multiemployer plan.

(Pub. L. 93–406, title I, §3, Sept. 2, 1974, 88 Stat.

833; Pub. L. 96–364, title III, §§302, 305, title IV,

§§407(a), 409, Sept. 26, 1980, 94 Stat. 1291, 1294,

1303, 1307; Pub. L. 97–473, title III, §302(a), Jan.

14, 1983, 96 Stat. 2612; Pub. L. 99–272, title XI,

§11016(c)(1), Apr. 7, 1986, 100 Stat. 273; Pub. L.

99–509, title IX, §9203(b)(1), Oct. 21, 1986, 100 Stat.

1979; Pub. L. 99–514, title XVIII, §1879(u)(3), Oct.

22, 1986, 100 Stat. 2913; Pub. L. 100–202, §136(a),

Dec. 22, 1987, 101 Stat. 1329–441; Pub. L. 101–239,

title VII, §§7871(b)(2), 7881(m)(2)(D), 7891(a)(1),

7893(a), 7894(a)(1)(A), (2)(A), (3), (4), Dec. 19, 1989,

103 Stat. 2435, 2444, 2445, 2447, 2448; Pub. L.

101–508, title XII, §12002(b)(2)(C), Nov. 5, 1990, 104

Stat. 1388–566; Pub. L. 102–89, §2, Aug. 14, 1991, 105

Stat. 446; Pub. L. 104–290, title III, §308(b)(1), Oct.

11, 1996, 110 Stat. 3440; Pub. L. 105–72, §1(a), Nov.

10, 1997, 111 Stat. 1457.)

REFERENCES IN TEXT

This chapter, referred to in pars. (2)(B) and (37)(E),

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 Outer Continental Shelf Lands Act, referred to in

par. (10), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as

amended, which is classified generally to subchapter III

(§1331 et seq.) of chapter 29 of Title 43, Public Lands.

For complete classification of this Act to the Code, see

Short Title note set out under section 1331 of Title 43

and Tables.
§ 1002 TITLE 29—LABOR Page 364

The Labor Management Relations Act, 1947, referred

to in par. (12), is act June 23, 1947, ch. 120, 61 Stat. 136,

as amended, which is classified principally to chapter 7

(§141 et seq.) of this title. For complete classification of

this Act to the Code, see section 141 of this title and

Tables.

The Railway Labor Act, referred to in par. (12), is act

May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is

classified principally to chapter 8 (§151 et seq.) of Title

45, Railroads. For complete classification of this Act to

the Code, see section 151 of Title 45 and Tables.

Section 77b(1) of title 15, referred to in par. (20), was

redesignated section 77b(a)(1) of title 15 by Pub. L.

104–290, title I, §106(a)(1), Oct. 11, 1996, 110 Stat. 3424.

The Investment Company Act of 1940, referred to in

par. (21)(B), is title I of act Aug. 22, 1940, ch. 686, 54

Stat. 789, as amended, which is classified generally to

subchapter I (§80a–1 et seq.) of chapter 2D of Title 15,

Commerce and Trade. For complete classification of

this Act to the Code, see section 80a–51 of Title 15 and

Tables.

The Railroad Retirement Act of 1935 or 1937, referred

to in par. (32), means act Aug. 29, 1935, ch. 812, 49 Stat.

867, as amended, known as the Railroad Retirement Act

of 1935. The Railroad Retirement Act of 1935 was

amended generally by act June 24, 1937, ch. 382, part I,

50 Stat. 307, and was known as the Railroad Retirement

Act of 1937. The Railroad Retirement Act of 1937 was

amended generally and redesignated the Railroad Retirement Act of 1974 by Pub. L. 93–445, title I, Oct. 16,

1974, 88 Stat. 1305 and is classified generally to subchapter IV (§231 et seq.) of chapter 9 of Title 45, Railroads. For complete classification of this Act to the

Code, see Tables.

The International Organizations Immunities Act, referred to in par. (32), is title I of act Dec. 29, 1945, ch.

652, 59 Stat. 669, as amended, which is classified principally to subchapter XVIII (§288 et seq.) of chapter 7 of

Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short

Title note set out under section 288 of Title 22 and

Tables.

Sections 1453(b) and (c) of this title, referred to in

par. (37)(E), was in the original ‘‘sections 4403(b) and

(c)’’, meaning sections 4403(b) and (c) of the Employee

Retirement Income Security Act of 1974, which was

translated as section 1453(b) and (c) of this title as the

probable intent of Congress, in view of the Employee

Retirement Income Security Act of 1974 not containing

a section 4403 and the subject matter of section 4303 of

the Act which is classified to section 1453(b) and (c) of

this title.

The Internal Revenue Code of 1954, referred to in par.

(37)(E), was redesignated the Internal Revenue Code of

1986 by Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095,

and is classified to Title 26, Internal Revenue Code.

For the effective date of the Multiemployer Pension

Plan Amendments Act of 1980, referred to in par.

(37)(E), see section 1461(e) of this title.

The Investment Advisers Act of 1940, referred to in

par. (38)(B), is title II of act Aug. 22, 1940, ch. 686, 54

Stat. 847, as amended, which is classified generally to

subchapter II (§80b–1 et seq.) of chapter 2D of Title 15,

Commerce and Trade. For complete classification of

this Act to the Code, see section 80b–20 of Title 15 and

Tables.

AMENDMENTS

1997—Par. (38)(B). Pub. L. 105–72 added introductory

provisions and cls. (i) and (ii), redesignated former cls.

(ii) and (iii) as (iii) and (iv), respectively, and struck

out former introductory provisions and cl. (i) which

read as follows: ‘‘who is (i) registered as an investment

adviser under the Investment Advisers Act of 1940 or

under the laws of any State;’’.

1996—Par. (38)(B). Pub. L. 104–290 temporarily inserted ‘‘or under the laws of any State’’ before ‘‘; (ii) is

a bank,’’. See Effective and Termination Dates of 1996

Amendment note below.

1991—Par. (40)(A)(iii), (B)(v). Pub. L. 102–89 added cl.

(iii) at end of subpar. (A) and cl. (v) at end of subpar.

(B).

1990—Par. (41). Pub. L. 101–508 added par. (41) which

read as follows: ‘‘The term ‘single-employer plan’

means a plan which is not a multiemployer plan.’’

1989—Pars. (14), (33), (36), (40)(B)(iv). 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.

Par. (23). Pub. L. 101–239, §7881(m)(2)(D), inserted at

end ‘‘The accrued benefit of an employee shall not be

less than the amount determined under section

1054(c)(2)(B) of this title with respect to the employee’s

accumulated contribution.’’

Par. (24)(B). Pub. L. 101–239, §7871(b)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B)

read as follows: ‘‘the latest of—

‘‘(i) the time a plan participant attains age 65,

‘‘(ii) in the case of a plan participant who commences participation in the plan within 5 years before attaining normal retirement age under the plan,

the 5th anniversary of the time the plan participant

commences participation in the plan, or

‘‘(iii) in the case of a plan participant not described

in clause (ii), the 10th anniversary of the time the

plan participant commences participation in the

plan.’’

Par. (33)(D)(iii). Pub. L. 101–239, §7894(a)(1)(A), substituted ‘‘Secretary of the Treasury’’ for ‘‘Secretary’’

in subcls. (I) to (III).

Par. (37)(B). Pub. L. 101–239, §7893(a), substituted

‘‘section 1301(b)(1)’’ for ‘‘section 1301(c)(1)’’.

Par. (37)(F)(i)(II). Pub. L. 101–239, §7894(a)(2)(A)(i),

substituted ‘‘the Internal Revenue Code of 1986’’ for

‘‘such Code’’, which for purposes of codification was

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

text.

Par. (37)(F)(ii). Pub. L. 101–239, §7894(a)(2)(A)(ii), (iii),

inserted ‘‘of such Code’’ after ‘‘section 501(c)’’ in subcl.

(I) and after ‘‘section 170(b)(1)(A)(ii)’’ in subcl. (II),

which for purposes of codification was translated as ‘‘of

title 26’’ thus requiring no change in text.

Par. (39). Pub. L. 101–239, §7894(a)(3), substituted

‘‘mean, with respect to a plan, the calendar’’ for ‘‘mean

with respect to a plan, calendar’’.

Par. (41). Pub. L. 101–239, §7894(a)(4), added par. (41).

1987—Par. (37)(F). Pub. L. 100–202 added subpar. (F).

1986—Par. (24)(B). Pub. L. 99–509 amended subpar. (B)

generally. Prior to amendment, subpar. (B) read as follows: ‘‘the later of—

‘‘(i) the time a plan participant attains age 65, or

‘‘(ii) the 10th anniversary of the time a plan participant commenced participation in the plan.’’

Par. (37)(A). Pub. L. 99–514 repealed the amendment

made by Pub. L. 99–272. See note below.

Pub. L. 99–272, which, eff. Jan. 1, 1986, directed the

substitution of ‘‘means a pension plan’’ for ‘‘means a

plan’’ was repealed by Pub. L. 99–514, eff. Jan. 1, 1986.

1983—Par. (40). Pub. L. 97–473 added par. (40).

1980—Par. (2). Pub. L. 96–364, §409, redesignated existing provisions as subpar. (A), inserted exception for

subpar. (B), substituted ‘‘(i)’’ for ‘‘(A)’’ and ‘‘(ii)’’ for

‘‘(B)’’, and added subpar. (B).

Par. (14). Pub. L. 96–364, §305, inserted provisions respecting a trust described in section 501(c)(22) of title

26.

Par. (33). Pub. L. 96–364, §407(a), substituted provisions defining ‘‘church plan’’ as a plan established and

maintained (to the extent required in cl. (ii) of subpar.

(B)) for employees or beneficiaries by a church, etc., exempt from tax under section 501 of title 26, for provisions defining ‘‘church plan’’ as a plan established and

maintained for employees by a church, etc., exempt

from tax under section 501 of title 26, or a plan in existence on Jan. 1, 1974, established and maintained by a

church, etc., for employees and employees of agencies

of the church, etc.

Par. (37). Pub. L. 96–364, §302(a), substantially revised

definition of term ‘‘multiemployer plan’’ by, among

other changes, restructuring subpar. (A), resulting in

elimination of provisions covering amount of contribu-
Page 365 TITLE 29—LABOR § 1002

tions and payment of benefits, and subpar. (B), resulting in elimination of provisions reworking amount of

contributions for subsequent plan years, and added subpars. (C) to (E).

EFFECTIVE DATE OF 1997 AMENDMENT

Section 1(c) of Pub. L. 105–72 provided that: ‘‘The

amendments made by subsection (a) [amending this

section] shall take effect on July 8, 1997, except that

the requirement of section 3(38)(B)(ii) of the Employee

Retirement Income Security Act of 1974 [section

1002(38)(B)(ii) of this title] (as amended by this Act) for

filing with the Secretary of Labor of a copy of a registration form which has been filed with a State before

the date of the enactment of this Act [Nov. 10, 1997], or

is to be filed with a State during the 1-year period beginning with such date, shall be treated as satisfied

upon the filing of such a copy with the Secretary at

any time during such 1-year period. This section shall

supersede section 308(b) of the National Securities Markets Improvement Act of 1996 [Pub. L. 104–290, amending this section and enacting provisions set out as an

Effective and Termination Dates of 1996 Amendment

note below] (and the amendment made thereby).’’

EFFECTIVE AND TERMINATION DATES OF 1996

AMENDMENT

Amendment by Pub. L. 104–290 effective 270 days after

Oct. 11, 1996, see section 308(a) of Pub. L. 104–290, as

amended, set out as a note under section 80b–2 of Title

15, Commerce and Trade.

Section 308(b)(2) of Pub. L. 104–290 which provided

that the amendment made by paragraph (1), amending

this section, which ceased to be effective 2 years after

Oct. 11, 1996, was superseded by section 1(c) of Pub. L.

105–72, set out as an Effective Date of 1997 Amendment

note above.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 3 of Pub. L. 102–89 provided that: ‘‘The

amendments made by section 2 [amending this section]

shall take effect on the date of the enactment of this

Act [Aug. 14, 1991].’’

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101–508 applicable to reversions occurring after Sept. 30, 1990, but not applicable

to any reversion after Sept. 30, 1990, if (1) in the case of

plans subject to subchapter III of this chapter, notice of

intent to terminate under such subchapter was provided to participants (or if no participants, to Pension

Benefit Guaranty Corporation) before Oct. 1, 1990, (2) in

the case of plans subject to subchapter I of this chapter

(and not subchapter III), notice of intent to reduce future accruals under section 1054(h) of this title was provided to participants in connection with termination

before Oct. 1, 1990, (3) in the case of plans not subject

to subchapter I or III of this chapter, a request for a determination letter with respect to termination was

filed with Secretary of the Treasury or Secretary’s

delegate before Oct. 1, 1990, or (4) in the case of plans

not subject to subchapter I or III of this chapter and

having only one participant, a resolution terminating

the plan was adopted by employer before Oct. 1, 1990,

see section 12003 of Pub. L. 101–508, set out as a note

under section 4980 of Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 7871(b)(2) of Pub. L. 101–239 effective as if included in the amendments made by section 9203 of Pub. L. 99–509, see section 7871(b)(3) of Pub.

L. 101–239, set out as a note under section 411 of Title

26, Internal Revenue Code.

Amendment by section 7881(m)(2)(D) 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.

Section 7891(f) of Pub. L. 101–239 provided that: ‘‘Except as otherwise provided in this section, any amendment made by this section [amending this section, sections 1003, 1025, 1051 to 1056, 1060, 1061, 1081 to 1084, 1085a,

1101, 1103, 1107, 1108, 1132, 1134, 1137, 1161, 1166, 1167, 1201

to 1203, 1222, 1301, 1302, 1307, 1309, 1321 to 1322a, 1342 to

1345, 1362, 1368, 1384, 1385, 1390, 1391, 1393, 1403, 1421, 1423,

1425, and 1453 of this title, and section 4980B of Title 26]

shall take effect as if included in the provision of the

Reform Act [probably means Tax Reform Act of 1986,

Pub. L. 99–514] to which such amendment relates.’’

Section 7893(h) of Pub. L. 101–239 provided that: ‘‘Any

amendment made by this section [amending this section and sections 1322a, 1341, 1342, 1347, 1366, 1367, and

1398 of this title] shall take effect as if included in the

provision of the Single-Employer Pension Plan Amendments Act of 1986 [Pub. L. 99–272, title XI] to which

such amendment relates.’’

Section 7894(a)(1)(B) of Pub. L. 101–239 provided that:

‘‘The amendments made by subparagraph (A) [amending this section] shall take effect as if included in section 407 of the Multiemployer Pension Plan Amendments Act of 1980 [Pub. L. 96–364].’’

Section 7894(a)(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

136 of Public Law 100–202.’’

Section 7894(i) of Pub. L. 101–239 provided that: ‘‘Except as otherwise provided in this section, any amendment made by this section [amending this section and

sections 1021, 1024 to 1026, 1028, 1031, 1051 to 1056, 1060,

1061, 1081, 1082, 1084, 1086, 1103, 1107, 1108, 1113, 1114, 1132,

1144, 1321 to 1322a, 1344, 1368, and 1461 of this title] shall

take effect 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.’’

EFFECTIVE DATE OF 1987 AMENDMENT

Section 136(b) of Pub. L. 100–202 provided that: ‘‘The

amendment made by this section [amending this section] shall apply to years beginning after the date of

the enactment of this joint resolution [Dec. 22, 1987].’’

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendment by section 1879(u)(3) of Pub. L. 99–514 effective as if such provisions were included in the enactment of the Single-Employer Pension Plan Amendments Act of 1986 [Pub. L. 99–272], see section

1879(u)(4)(A) of Pub. L. 99–514, set out as a note under

section 1054 of this title.

Amendment by Pub. L. 99–509 applicable only with respect to plan years beginning on or after Jan. 1, 1988,

and only with respect to service performed on or after

such date, see section 9204 of Pub. L. 99–509, set out as

an Effective and Termination Dates of 1986 Amendments note under section 623 of this title.

Amendment by Pub. L. 99–272 effective Jan. 1, 1986,

with certain exceptions, see section 11019 of Pub. L.

99–272, set out as a note under section 1341 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 302(c) of Pub. L. 97–473 provided that: ‘‘The

amendments made by this section [amending this section and section 1144 of this title] shall take effect on

the date of the enactment of this Act [Jan. 14, 1983].’’

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment of pars. (2), (14), and (37), by Pub. L.

96–364 effective Sept. 26, 1980, except as specifically provided, see section 1461(e) of this title.

Amendment of par. (33) by Pub. L. 96–364 effective

Jan. 1, 1974, see section 407(c) of Pub. L. 96–364, set out

as a note under section 414 of Title 26, Internal Revenue

Code.

REGULATIONS

Secretary of Labor, Secretary of the Treasury, and

Equal Employment Opportunity Commission each to

issue before Feb. 1, 1988, final regulations to carry out
§ 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