Notes on 29 U.S.C. § 1002 : US Code - Notes

Search Notes on 29 U.S.C. § 1002 : US Code - Notes

(Pub. L. 93-406, title I, Sec. 3, Sept. 2, 1974, 88 Stat. 833; Pub.
L. 96-364, title III, Secs. 302, 305, title IV, Secs. 407(a), 409,
Sept. 26, 1980, 94 Stat. 1291, 1294, 1303, 1307; Pub. L. 97-473,
title III, Sec. 302(a), Jan. 14, 1983, 96 Stat. 2612; Pub. L. 99-
272, title XI, Sec. 11016(c)(1), Apr. 7, 1986, 100 Stat. 273; Pub.
L. 99-509, title IX, Sec. 9203(b)(1), Oct. 21, 1986, 100 Stat.
1979; Pub. L. 99-514, title XVIII, Sec. 1879(u)(3), Oct. 22, 1986,
100 Stat. 2913; Pub. L. 100-202, Sec. 136(a), Dec. 22, 1987, 101
Stat. 1329-441; Pub. L. 101-239, title VII, Secs. 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, Sec. 12002(b)(2)(C), Nov. 5, 1990, 104 Stat.
1388-566; Pub. L. 102-89, Sec. 2, Aug. 14, 1991, 105 Stat. 446;
Pub. L. 104-290, title III, Sec. 308(b)(1), Oct. 11, 1996, 110
Stat. 3440; Pub. L. 105-72, Sec. 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 (Sec. 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.
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 (Sec. 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 (Sec. 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, Sec. 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 (Sec. 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. 967, 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 (Sec. 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
(Sec. 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, Sec. 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 (Sec. 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, Sec.
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, Sec. 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, Sec. 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, Sec. 7894(a)(1)(A),
substituted "Secretary of the Treasury" for "Secretary" in subcls.
(I) to (III).
Par. (37)(B). Pub. L. 101-239, Sec. 7893(a), substituted "section
1301(b)(1)" for "section 1301(c)(1)".
Par. (37)(F)(i)(II). Pub. L. 101-239, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 305, inserted provisions
respecting a trust described in section 501(c)(22) of title 26.
Par. (33). Pub. L. 96-364, Sec. 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, Sec. 302(a), substantially revised
definition of term "multiemployer plan" by, among other changes,
restructuring subpar. (A), resulting in elimination of provisions
covering amount of contributions 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, 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, Secs. 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 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 [Secs. 1101-1147 and 1171-1177] or
title XVIII [Secs. 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.
(!1) So in original. The period probably should be a comma.
(!2) See References in Text note below.
(!3) So in original. Two pars. (41) have been enacted.