US Attorneys > USAM > Title 9 > Criminal Resource Manual 2427
prev | next | Criminal Resource Manual

2427

Employee Retirement Income Security Act of 1974 (ERISA) -- 29 U.S.C. 1001 et seq.

This Act, enacted on September 4, 1974, is a comprehensive codification of Federal law pertaining to employee pension and welfare benefit plans in the private sector. Title I of the Act, as administered by the Department of Labor, deals with reporting and disclosure, participation and vesting, fiduciary standards, and provisions for criminal and civil enforcement of these requirements. Title I provides the jurisdictional basis for benefit plan transactions subject to prosecution under 18 U.S.C. §§ 664, 1027 and 1954 with respect to violations of those statutes which occur after January 1, 1975. See USAM 9-133.000, 9-134.000 and 9-136.000. Title I also contains three statutes with criminal provisions which address: prohibited employment in regard to employee benefit plans (29 U.S.C. § 1111); willful failure to comply with reporting and disclosure requirements (29 U.S.C. § 1131); and the willful use of fraud, force, or violence to restrain participants or beneficiaries of employee benefit plans for the purpose of interfering with the exercise of rights to which they are or may become entitled to under ERISA or the terms of their employee benefit plan. (29 U.S.C. § 1141).

[cited in USAM 9-135.010]