2427
Employee Retirement Income Security Act of 1974
(ERISA)
-- 29 U.S.C. 1001 et seq.
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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] | |