Notes on 29 U.S.C. § 1132 : US Code - Notes

    (Pub. L. 93-406, title I, Sec. 502, Sept. 2, 1974, 88 Stat. 891;
    Pub. L. 96-364, title III, Sec. 306(b), Sept. 26, 1980, 94 Stat.
    1295; Pub. L. 99-272, title X, Sec. 10002(b), Apr. 7, 1986, 100
    Stat. 231; Pub. L. 100-203, title IX, Secs. 9342(c), 9344, Dec. 22,
    1987, 101 Stat. 1330-372, 1330-373; Pub. L. 101-239, title II, Sec.
    2101(a), (b), title VII, Secs. 7881(b)(5)(B), (j)(2), (3),
    7891(a)(1), 7894(f)(1), Dec. 19, 1989, 103 Stat. 2123, 2438, 2442,
    2445, 2450; Pub. L. 101-508, title XII, Sec. 12012(d)(2), Nov. 5,
    1990, 104 Stat. 1388-573; Pub. L. 103-66, title IV, Sec. 4301(c)(1)-
    (3), Aug. 10, 1993, 107 Stat. 376; Pub. L. 103-401, Secs. 2, 3,
    Oct. 22, 1994, 108 Stat. 4172; Pub. L. 103-465, title VII, Sec.
    761(a)(9)(B)(ii), Dec. 8, 1994, 108 Stat. 5033; Pub. L. 104-191,
    title I, Sec. 101(b), (e)(2), Aug. 21, 1996, 110 Stat. 1951, 1952;
    Pub. L. 104-204, title VI, Sec. 603(b)(3)(E), Sept. 26, 1996, 110
    Stat. 2938; Pub. L. 105-34, title XV, Sec. 1503(c)(2)(B), (d)(7),
    Aug. 5, 1997, 111 Stat. 1062; Pub. L. 107-204, title III, Sec.
    306(b)(3), July 30, 2002, 116 Stat. 783; Pub. L. 108-218, title I,
    Secs. 102(d), 103(b), 104(a)(2), Apr. 10, 2004, 118 Stat. 602, 603,
    606; Pub. L. 109-280, title I, Sec. 103(b)(2), title II, Sec.
    202(b), (c), title V, Secs. 502(a)(2), (b)(2), 507(b),
    508(a)(2)(C), title IX, Sec. 902(f)(2), Aug. 17, 2006, 120 Stat.
    816, 884, 885, 940, 941, 949, 951, 1039; Pub. L. 110-233, title I,
    Sec. 101(e), May 21, 2008, 122 Stat. 886; Pub. L. 110-458, title I,
    Secs. 101(c)(1)(H), 102(b)(1)(H), (I), Dec. 23, 2008, 122 Stat.
    5097, 5101; Pub. L. 111-3, title III, Sec. 311(b)(1)(E), Feb. 4,
    2009, 123 Stat. 70.)


-STATAMEND-
                           AMENDMENT OF SECTION                       
      For termination of amendment by section 221(c) of Pub. L. 109-
    280, see Effective and Termination Dates of 2006 Amendment note
    below.


                            REFERENCES IN TEXT                        
      Section 405(a) of title 26, referred to in subsec. (b)(1), was
    repealed by Pub. L. 98-369, div. A, title IV, Sec. 491(a), July 18,
    1984, 98 Stat. 848.
      Paragraphs (1) and (4) of section 1166 of this title, referred to
    in subsec. (c)(1), were redesignated as pars. (1) and (4) of
    section 1166(a) of this title by Pub. L. 101-239, title VII, Sec.
    7891(d)(1)(A)(ii)(I), Dec. 19, 1989, 103 Stat. 2445.
      Section 1082 of this title, referred to in subsec. (c)(3), was
    repealed and a new section 1082 was enacted by Pub. L. 109-280,
    title I, Sec. 101(a), (b), Aug. 17, 2006, 120 Stat. 784, and, as so
    enacted, section 1082 of this title no longer contains a subsec.
    (d)(12)(E).
      Section 1320b-14 of title 42, referred to in subsec. (c)(10), was
    repealed by Pub. L. 104-226, Sec. 1(a), Oct. 2, 1996, 110 Stat.
    3033, and a new section 1320b-14 of title 42, which does not
    contain a subsec. (c)(8), was enacted by Pub. L. 106-554, Sec.
    1(a)(6) [title IX, Sec. 911(a)(1)], Dec. 21, 2000, 114 Stat. 2763,
    2763A-583.
      This chapter, referred to in subsec. (k), 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.


                               CODIFICATION                           
      Another section 306(b)(3) of Pub. L. 107-204 is classified to
    section 7244(b)(3) of Title 15, Commerce and Trade.



                                AMENDMENTS                            
      2009 - Subsec. (a)(6). Pub. L. 111-3, Sec. 311(b)(1)(E)(i), which
    directed the substitution of "(8), or (9)" for "or (8)", could not
    be executed because the words "or (8)" did not appear after the
    amendment by Pub. L. 110-233, Sec. 101(e)(1). See 2008 Amendment
    note below.
      Subsec. (c)(9), (10). Pub. L. 111-3, Sec. 311(b)(1)(E)(ii), added
    par. (9) and redesignated former par. (9) as (10) relating to
    Secretarial enforcement authority relating to use of genetic
    information.
      2008 - Subsec. (a)(6). Pub. L. 110-233, Sec. 101(e)(1),
    substituted "(7), (8), or (9)" for "(7), or (8)".
      Subsec. (b)(3). Pub. L. 110-233, Sec. 101(e)(2), substituted
    "Except as provided in subsections (c)(9) and (a)(6) (with respect
    to collecting civil penalties under subsection (c)(9)), the
    Secretary" for "The Secretary".
      Subsec. (c)(2). Pub. L. 110-458, Sec. 102(b)(1)(H), substituted
    "1021(b)(1)" for "1021(b)(4)".
      Subsec. (c)(4). Pub. L. 110-458, Sec. 101(c)(1)(H), substituted
    "by any person of subsection (j), (k), or (l) of section 1021 of
    this title or section 1144(e)(3) of this title." for "by any person
    of subsection (j), (k), or (l) of section 1021 of this title,
    section 1082(b)(7)(F)(vi) of this title, or section 1144(e)(3) of
    this title."
      Subsec. (c)(8)(A). Pub. L. 110-458, Sec. 102(b)(1)(I), inserted
    "plan" after "multiemployer".
      Subsec. (c)(9), (10). Pub. L. 110-233, Sec. 101(e)(3), added par.
    (9) and redesignated former par. (9) as (10).
      2006 - Subsec. (a)(6). Pub. L. 109-280, Secs. 202(b)(1), 221(c),
    temporarily substituted "(6), (7), or (8)" for "(6), or (7)". See
    Effective and Termination Dates of 2006 Amendment note below.
      Subsec. (a)(8) to (10). Pub. L. 109-280, Secs. 202(c), 221(c),
    temporarily amended subsec. (a) by striking out "or" at end of par.
    (8), substituting "; or" for period at end of par. (9), and adding
    par. (10). See Effective and Termination Dates of 2006 Amendment
    note below.
      Subsec. (c)(1). Pub. L. 109-280, Sec. 508(a)(2)(C), substituted
    "section 1021(f) of this title, or section 1025(a) of this title"
    for "or section 1021(f) of this title".
      Subsec. (c)(4). Pub. L. 109-280, Sec. 902(f)(2), which directed
    amendment of par. (4) by substituting ", section 1082(b)(7)(F)(vi)
    of this title, or section 1144(e)(3) of this title" for "or section
    1082(b)(7)(F)(vi) of this title", was executed by making the
    substitution for "or 1082(b)(7)(F)(iv) of this title", to reflect
    the probable intent of Congress.
      Pub. L. 109-280, Sec. 502(b)(2), which directed amendment of par.
    (4) by substituting "subsection (j), (k), or (l) of section 1021 of
    this title" for "section 1021(j) or (k) of this title", was
    executed by making the substitution for "subsection (j) or (k) of
    section 1021 of this title", to reflect the probable intent of
    Congress.
      Pub. L. 109-280, Sec. 502(a)(2), substituted "subsection (j) or
    (k) of section 1021 of this title" for "section 1021(j)".
      Pub. L. 109-280, Sec. 103(b)(2), which directed amendment of par.
    (4) by substituting "section 1021(j) or 1082(b)(7)(F)(iv) of this
    title" for "section 1082(b)(7)(F)(iv) of this title", was executed
    by making the substitution for "section 1082(b)(7)(F)(vi) of this
    title", to reflect the probable intent of Congress.
      Subsec. (c)(7). Pub. L. 109-280, Sec. 507(b), substituted
    "subsection (i) or (m) of section 1021" for "section 1021(i)".
      Subsec. (c)(8), (9). Pub. L. 109-280, Secs. 202(b)(2), (3),
    221(c), temporarily added par. (8) and redesignated former par. (8)
    as (9). See Effective and Termination Dates of 2006 Amendment note
    below.
      2004 - Subsec. (c)(1). Pub. L. 108-218, Sec. 103(b), substituted
    ", section 1021(e)(1) of this title, or section 1021(f) of this
    title" for "or section 1021(e)(1) of this title".
      Subsec. (c)(3). Pub. L. 108-218, Sec. 102(d), inserted "or who
    fails to meet the requirements of section 1082(d)(12)(E) of this
    title with respect to any person" after "1021(e)(2) of this title
    with respect to any person".
      Subsec. (c)(4). Pub. L. 108-218, Sec. 104(a)(2), amended par. (4)
    generally. Prior to amendment, par. (4) read as follows: "The
    Secretary may assess a civil penalty of not more than $1,000 for
    each violation by any person of section 1021(f)(1) of this title."
      2002 - Subsec. (a)(6). Pub. L. 107-204, Sec. 306(b)(3)(A),
    substituted "(5), (6), or (7)" for "(5), or (6)".
      Subsec. (c)(7), (8). Pub. L. 107-204, Sec. 306(b)(3)(B), (C),
    added par. (7) and redesignated former par. (7) as (8).
      1997 - Subsec. (a)(6). Pub. L. 105-34, Sec. 1503(d)(7),
    substituted "(5), or (6)" for "or (5)".
      Subsec. (c)(6), (7). Pub. L. 105-34, Sec. 1503(c)(2)(B), added
    par. (6) and redesignated former par. (6) as (7).
      1996 - Subsec. (a)(6). Pub. L. 104-191, Sec. 101(e)(2)(A)(i),
    substituted "under paragraph (2), (4), or (5) of subsection (c) of
    this section or under subsection (i) or (l) of this section" for
    "under subsection (c)(2) or (i) or (l) of this section".
      Subsec. (b)(3). Pub. L. 104-204 made technical amendment to
    reference in original act which appears in text as reference to
    section 1191b of this title.
      Pub. L. 104-191, Sec. 101(b), added par. (3).
      Subsec. (c)(1). Pub. L. 104-191, Sec. 101(e)(2)(B), inserted at
    end "For purposes of this paragraph, each violation described in
    subparagraph (A) with respect to any single participant, and each
    violation described in subparagraph (B) with respect to any single
    participant or beneficiary, shall be treated as a separate
    violation."
      Subsec. (c)(4) to (6). Pub. L. 104-191, Sec. 101(e)(2)(A)(ii),
    struck out "For purposes of this paragraph, each violation
    described in subparagraph (A) with respect to any single
    participant, and each violation described in subparagraph (B) with
    respect to any single participant or beneficiary, shall be treated
    as a separate violation. The Secretary and" after "section
    1021(f)(1) of this title.", redesignated "the Secretary of Health
    and Human Services shall maintain such ongoing consultation as may
    be necessary and appropriate to coordinate enforcement under this
    subsection with enforcement under section 1320b-14(c)(8) of title
    42." as par. (6) and inserted "The Secretary and" before "the
    Secretary of Health and Human Services", and added par. (5).
      1994 - Subsec. (a)(9). Pub. L. 103-401, Sec. 2, added par. (9).
      Subsec. (l)(3)(B). Pub. L. 103-401, Sec. 3, inserted "(or to
    provide the relief ordered pursuant to subsection (a)(9) of this
    section)" after "to restore all losses to the plan".
      Subsec. (m). Pub. L. 103-465 added subsec. (m).
      1993 - Subsec. (a)(7), (8). Pub. L. 103-66, Sec. 4301(c)(1),
    added pars. (7) and (8).
      Subsec. (c)(4). Pub. L. 103-66, Sec. 4301(c)(2), added par. (4).
      Subsec. (e)(1). Pub. L. 103-66, Sec. 4301(c)(3), substituted in
    first sentence "fiduciary, or any person referred to in section
    1021(f)(1) of this title" for "or fiduciary" and in second sentence
    "paragraphs (1)(B) and (7) of subsection (a)" for "subsection
    (a)(1)(B)".
      1990 - Subsec. (c)(1). Pub. L. 101-508, Sec. 12012(d)(2)(A),
    inserted "or section 1021(e)(1) of this title" after "section 1166
    of this title".
      Subsec. (c)(3). Pub. L. 101-508, Sec. 12012(d)(2)(B), inserted
    "or who fails to meet the requirements of section 1021(e)(2) of
    this title with respect to any person" after first reference to
    "beneficiary" and "or to such person" after second reference to
    "beneficiary".
      1989 - Subsec. (a)(6). Pub. L. 101-239, Sec. 7881(j)(2),
    substituted "subsection (c)(2) or (i)" for "subsection (i)".
      Pub. L. 101-239, Sec. 2101(b), inserted "or (l)" after
    "subsection (i)".
      Subsec. (b)(1). Pub. L. 101-239, Sec. 7894(f)(1), substituted
    "respect" for "respct" before "to a violation" in introductory
    provisions.
      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.
      Subsec. (c)(2). Pub. L. 101-239, Sec. 7881(j)(3), inserted
    "against any plan administrator" after "civil penalty" and
    substituted "such plan administrator's" for "a plan
    administrator's".
      Subsec. (c)(3). Pub. L. 101-239, Sec. 7881(b)(5)(B), added par.
    (3).
      Subsec. (g)(2). 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.
      Subsec. (l). Pub. L. 101-239, Sec. 2101(a), added subsec. (l).
      1987 - Subsec. (c). Pub. L. 100-203, Sec. 9342(c), designated
    existing provision as par. (1), redesignated as cls. (A) and (B)
    former cls. (1) and (2), and added par. (2).
      Subsec. (i). Pub. L. 100-203, Sec. 9344, amended second sentence
    generally. Prior to amendment, second sentence read as follows:
    "The amount of such penalty may not exceed 5 percent of the amount
    involved (as defined in section 4975(f)(4) of title 26); except
    that if the transaction is not corrected (in such manner as the
    Secretary shall prescribe by regulation, which regulations shall be
    consistent with section 4975(f)(5) of title 26) within 90 days
    after notice from the Secretary (or such longer period as the
    Secretary may permit), such penalty may be in an amount not more
    than 100 percent of the amount involved."
      1986 - Subsec. (c). Pub. L. 99-272 inserted "(1) who fails to
    meet the requirements of paragraph (1) or (4) of section 1166 of
    this title with respect to a participant or beneficiary, or (2)".
      1980 - Subsec. (b). Pub. L. 96-364, Sec. 306(b)(1), redesignated
    existing provisions as par. (1)(A) and (B) and added par. (2).
      Subsec. (g). Pub. L. 96-364, Sec. 306(b)(2), redesignated
    existing provisions as par. (1), inserted exception for actions
    under paragraph (2), and added par. (2).

                     EFFECTIVE DATE OF 2009 AMENDMENT                 
      Amendment by Pub. L. 111-3 effective Apr. 1, 2009, and applicable
    to child health assistance and medical assistance provided on or
    after that date, with certain exceptions, see section 3 of Pub. L.
    111-3, set out as an Effective Date note under section 1396 of
    Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 2008 AMENDMENT                 
      Amendment by Pub. L. 110-458 effective as if included in the
    provisions of Pub. L. 109-280 to which the amendment relates,
    except as otherwise provided, see section 112 of Pub. L. 110-458,
    set out as a note under section 72 of Title 26, Internal Revenue
    Code.
      Pub. L. 110-233, title I, Sec. 101(f)(2), May 21, 2008, 122 Stat.
    888, provided that: "The amendments made by this section [amending
    this section and sections 1182 and 1191b of this title] shall apply
    with respect to group health plans for plan years beginning after
    the date that is 1 year after the date of enactment of this Act
    [May 21, 2008]."

             EFFECTIVE AND TERMINATION DATES OF 2006 AMENDMENT         
      Amendment by section 103(b)(2) of Pub. L. 109-280 applicable to
    plan years beginning after Dec. 31, 2007, with collective
    bargaining exception, see section 103(c) of Pub. L. 109-280, set
    out as an Effective Date of 2006 Amendment note under section 1021
    of this title.
      Amendment by section 202(b), (c) of Pub. L. 109-280 applicable
    with respect to plan years beginning after 2007, with special rules
    for certain notices and certain restored benefits, see section
    202(f) of Pub. L. 109-280, set out as a note under section 1082 of
    this title.
      Amendment by section 202(b), (c) of Pub. L. 109-280 inapplicable
    to plan years beginning after Dec. 31, 2014, with exception for
    certain funding improvement and rehabilitation plans, see section
    221(c) of Pub. L. 109-280, set out as a note under section 412 of
    Title 26, Internal Revenue Code.
      Amendment by section 502(a)(2), (b)(2) of Pub. L. 109-280
    applicable to plan years beginning after Dec. 31, 2007, see section
    502(d) of Pub. L. 109-280, set out as an Effective Date of 2006
    Amendment note under section 4980F of Title 26, Internal Revenue
    Code.
      Amendment by section 507(b) of Pub. L. 109-280 applicable to plan
    years beginning after Dec. 31, 2006, see section 507(d)(1) of Pub.
    L. 109-280, set out as an Effective Date of 2006 Amendment note
    under section 1021 of this title.
      Amendment by section 508(a)(2)(C) of Pub. L. 109-280 applicable
    to plan years beginning after Dec. 31, 2006, with special rule for
    collectively bargained agreements that were ratified on or before
    such date, see section 508(c) of Pub. L. 109-280, set out as an
    Effective Date of 2006 Amendment note under section 1025 of this
    title.
      Amendment by section 902(f)(2) effective Aug. 17, 2006, see
    section 902(g) of Pub. L. 109-280, set out as an Effective Date of
    2006 Amendment note under section 401 of Title 26, Internal Revenue
    Code.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by section 103(b) of Pub. L. 108-218 applicable to plan
    years beginning after Dec. 31, 2004, see section 103(d) of Pub. L.
    108-218, set out as a note under section 1021 of this title.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-204 effective 180 days after July 30,
    2002, see section 7244(c) of Title 15, Commerce and Trade.

                     EFFECTIVE DATE OF 1996 AMENDMENTS                 
      Amendment by Pub. L. 104-204 applicable with respect to group
    health plans for plan years beginning on or after Jan. 1, 1998, see
    section 603(c) of Pub. L. 104-204 set out as a note under section
    1003 of this title.
      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 a note under section 1181 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENTS                 
      Amendment by Pub. L. 103-465 applicable to plan years beginning
    after Dec. 31, 1994, see section 761(b)(1) of Pub. L. 103-465, set
    out as a note under section 1056 of this title.
      Section 5 of Pub. L. 103-401 provided that: "The amendments made
    by this Act [amending this section] shall apply to any legal
    proceeding pending, or brought, on or after May 31, 1993."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508 applicable to qualified transfers
    under section 420 of title 26 made after Nov. 5, 1990, see section
    12012(e) of Pub. L. 101-508, set out as a note under section 1021
    of this title.

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Section 2101(c) of Pub. L. 101-239 provided that: "The amendments
    made by this section [amending this section] shall apply to any
    breach of fiduciary responsibility or other violation occurring on
    or after the date of the enactment of this Act [Dec. 19, 1989]."
      Amendment by section 7881(b)(5)(B), (j)(2), (3) 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,
    Internal Revenue Code.
      Amendment by section 7891(a)(1) of 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.
      Amendment by section 7894(f)(1) of 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.

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Section 9342(d) of Pub. L. 100-203 provided that:
      "(1) In general. - The amendments made by this section [amending
    this section and sections 1023, 1024, and 1113 of this title] shall
    apply with respect to reports required to be filed after December
    31, 1987.
      "(2) Regulations. - The Secretary of Labor shall issue the
    regulations required to carry out the amendments made by subsection
    (c) [amending this section] not later than January 1, 1989."

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-272 applicable to plan years beginning on
    or after July 1, 1986, with special rule for collective bargaining
    agreements, see section 10002(d) of Pub. L. 99-272, set out as an
    Effective Date note under section 1161 of this title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-364 effective Sept. 26, 1980, except as
    specifically provided, see section 1461(e) of this title.

                                REGULATIONS                            
      Pub. L. 110-233, title I, Sec. 101(f)(1), May 21, 2008, 122 Stat.
    888, provided that: "The Secretary of Labor shall issue final
    regulations not later than 12 months after the date of enactment of
    this Act [May 21, 2008] to carry out the amendments made by this
    section [amending this section and sections 1182 and 1191b of this
    title]."
      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.

    APPLICABILITY OF AMENDMENTS BY SUBTITLES A AND B OF TITLE I OF PUB.
                                L. 109-280
      For special rules on applicability of amendments by subtitles A
    (Secs. 101-108) and B (Secs. 111-116) of title I of Pub. L. 109-280
    to certain eligible cooperative plans, PBGC settlement plans, and
    eligible government contractor plans, see sections 104, 105, and
    106 of Pub. L. 109-280, set out as notes under section 401 of Title
    26, Internal Revenue Code.

        SPECIAL RULE FOR CERTAIN BENEFITS FUNDED UNDER AN AGREEMENT
           APPROVED BY THE PENSION BENEFIT GUARANTY CORPORATION
      For applicability of amendment by section 202(b), (c) of Pub. L.
    109-280 to a multiemployer plan that is a party to an agreement
    that was approved by the Pension Benefit Guaranty Corporation prior
    to June 30, 2005, and that increases benefits and provides for
    certain withdrawal liability rules, see section 206 of Pub. L. 109-
    280, set out as a note under section 412 of Title 26, Internal
    Revenue Code.

               EFFECT OF PUB. L. 103-401 ON OTHER PROVISIONS           
      Section 4 of Pub. L. 103-401 provided that: "Nothing in this Act
    [amending this section and enacting provisions set out as notes
    under this section and section 1001 of this title] shall be
    construed to limit the legal standing of individuals to bring a
    civil action as participants or beneficiaries under section 502(a)
    of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
    1132(a)), and nothing in this Act shall affect the
    responsibilities, obligations, or duties imposed upon fiduciaries
    by title I of the Employee Retirement Income Security Act of 1974
    [this subchapter]."

             PLAN AMENDMENTS NOT REQUIRED UNTIL JULY 30, 2002         
      For provisions directing that if any amendment made by section
    306(b) of Pub. L. 107-204 requires an amendment to any plan, such
    plan amendment shall not be required to be made before the first
    plan year beginning on or after July 30, 2002, see section
    7244(b)(3) of Title 15, Commerce and Trade.

            PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1994        
      For provisions setting forth circumstances under which any
    amendment to a plan required to be made by an amendment made by
    section 4301 of Pub. L. 103-66 shall not be required to be made
    before the first plan year beginning on or after Jan. 1, 1994, see
    section 4301(d) of Pub. L. 103-66, set out as an Effective Date of
    1993 Amendment note under section 1021 of this title.


    (footnote 1) So in original. Probably should be "subtitle".

    (footnote 2) See References in Text note below.

    (footnote 3) So in original. Two pars. (10) have been enacted.