Page 453 TITLE 29—LABOR § 1141

AMENDMENTS

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

of 1954’’.

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 section 1144 of this title.

§ 1138. Appropriations

There are hereby authorized to be appropriated such sums as may be necessary to enable

the Secretary to carry out his functions and duties under this chapter.

(Pub. L. 93–406, title I, §508, Sept. 2, 1974, 88 Stat.

895.)

REFERENCES IN TEXT

This chapter, referred to in text, 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.

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.

§ 1139. Separability

If any provision of this chapter, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of

this chapter, or the application of such provision to persons or circumstances other than

those as to which it is held invalid, shall not be

affected thereby.

(Pub. L. 93–406, title I, §509, Sept. 2, 1974, 88 Stat.

895.)

REFERENCES IN TEXT

This chapter, referred to in text, 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.

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.

§ 1140. Interference with protected rights

It shall be unlawful for any person to discharge, fine, suspend, expel, discipline, or discriminate against a participant or beneficiary

for exercising any right to which he is entitled

under the provisions of an employee benefit

plan, this subchapter, section 1201 of this title,

or the Welfare and Pension Plans Disclosure Act

[29 U.S.C. 301 et seq.], or for the purpose of interfering with the attainment of any right to which

such participant may become entitled under the

plan, this subchapter, or the Welfare and Pension Plans Disclosure Act. It shall be unlawful

for any person to discharge, fine, suspend, expel,

or discriminate against any person because he

has given information or has testified or is

about to testify in any inquiry or proceeding relating to this chapter or the Welfare and Pension Plans Disclosure Act. The provisions of section 1132 of this title shall be applicable in the

enforcement of this section.

(Pub. L. 93–406, title I, §510, Sept. 2, 1974, 88 Stat.

895.)

REFERENCES IN TEXT

The Welfare and Pension Plans Disclosure Act, referred to in text, 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, and was repealed by

Pub. L. 93–406, title I, §111(a)(1), Sept. 2, 1974, 88 Stat.

851 (Employee Retirement Income Security Act of

1974), effective Jan. 1, 1975. Such section 111(a)(1) also

provided that the Welfare and Pension Plans Disclosure

Act should continue to apply to any conduct and events

which occurred before Jan. 1, 1975 (see section 1031 of

this title). For complete classification of the Welfare

and Pension Plans Disclosure Act to the Code prior to

such repeal, see Tables.

This chapter, referred to in text, 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.

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.

§ 1141. Coercive interference

It shall be unlawful for any person through the

use of fraud, force, violence, or threat of the use

of force or violence, to restrain, coerce, intimidate, or attempt to restrain, coerce, or intimidate any participant or beneficiary for the purpose of interfering with or preventing the exercise of any right to which he is or may become

entitled under the plan, this subchapter, section

1201 of this title, or the Welfare and Pension

Plans Disclosure Act [29 U.S.C. 301 et seq.]. Any

person who willfully violates this section shall

be fined $10,000 or imprisoned for not more than

one year, or both.

(Pub. L. 93–406, title I, §511, Sept. 2, 1974, 88 Stat.

895.)

REFERENCES IN TEXT

The Welfare and Pension Plans Disclosure Act, referred to in text, 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, and was repealed by

Pub. L. 93–406, title I, §111(a)(1), Sept. 2, 1974, 88 Stat.

851 (Employee Retirement Income Security Act of