18 U.S.C. § 1954 : US Code - Section 1954: Offer, acceptance, or solicitation to influence operations of employee benefit plan
Search 18 U.S.C. § 1954 : US Code - Section 1954: Offer, acceptance, or solicitation to influence operations of employee benefit plan
Whoever being -
(1) an administrator, officer, trustee, custodian, counsel,
agent, or employee of any employee welfare benefit plan or
employee pension benefit plan; or
(2) an officer, counsel, agent, or employee of an employer or
an employer any of whose employees are covered by such plan; or
(3) an officer, counsel, agent, or employee of an employee
organization any of whose members are covered by such plan; or
(4) a person who, or an officer, counsel, agent, or employee of
an organization which, provides benefit plan services to such
plan
receives or agrees to receive or solicits any fee, kickback,
commission, gift, loan, money, or thing of value because of or with
intent to be influenced with respect to, any of the actions,
decisions, or other duties relating to any question or matter
concerning such plan or any person who directly or indirectly gives
or offers, or promises to give or offer, any fee, kickback,
commission, gift, loan, money, or thing of value prohibited by this
section, shall be fined under this title or imprisoned not more
than three years, or both: Provided, That this section shall not
prohibit the payment to or acceptance by any person of bona fide
salary, compensation, or other payments made for goods or
facilities actually furnished or for services actually performed in
the regular course of his duties as such person, administrator,
officer, trustee, custodian, counsel, agent, or employee of such
plan, employer, employee organization, or organization providing
benefit plan services to such plan.
As used in this section, the term (a) "any employee welfare
benefit plan" or "employee pension benefit plan" means any employee
welfare benefit plan or employee pension benefit plan,
respectively, subject to any provision of title I of the Employee
Retirement Income Security Act of 1974, and (b) "employee
organization" and "administrator" as defined respectively in
sections 3(4) and (3)(16) of the Employee Retirement Income
Security Act of 1974.
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