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29 U.S.C. § 1141 — Coercive interference
Federal law — U.S. Code and appendices · legal_authorities
It shall be unlawful for any person through the use of fraud, force, violence, or threat of the use of force or violence, to restrain, coerce, intimidate, or attempt to restrain, coerce, or intimidate any participant or beneficiary for the purpose of interfering with or preventing the exercise of any right to which he is or may become entitled under the plan, this subchapter, [section 1201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1201&num=0&edition=prelim), or the Welfare and Pension Plans Disclosure Act [[29 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section301&num=0&edition=prelim) et seq.]. Any person who willfully violates this section shall be fined $100,000 or imprisoned for not more than 10 years, or both.
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Source location: Title 29, Chapter 18, § 1141; chapter-018-employee-retirement-income-security-program.md
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It shall be unlawful for any person through the use of fraud, force, violence, or threat of the use of force or violence, to restrain, coerce, intimidate, or attempt to restrain, coerce, or intimidate any participant or beneficiary for the purpose of interfering with or preventing the exercise of any right to which he is or may become entitled under the plan, this subchapter, [section 1201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1201&num=0&edition=prelim), or the Welfare and Pension Plans Disclosure Act [[29 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section301&num=0&edition=prelim) et seq.]. Any person who willfully violates this section shall be fined $100,000 or imprisoned for not more than 10 years, or both.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Additional material required of applicants** Before issuing an advance determination of whether a pension, profit-sharing, or stock bonus plan, a trust which is a part of such a plan, or an annuity or bond purchase plan meets the requirements of part I of subchapter D of chapter 1 of title 26, the Secretary of the Treasury shall require the person applying for the determination to provide, in addition to any material and information necessary for such determination, such other material and information as may reasonably be made available at the time such application is made as the Secretary of Labor may require under subchapter I of this chapter for the administration of that subchapter. The Secretary of the Treasury shall also require that the applicant provide evidence satisfactory to the Secretary that the applicant has notified each employee who qualifies as an interested party (within the meaning of regulations prescribed under [section 7476(b)(1) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7476/b/1&num=0&edition=prelim) (relating to declaratory judgments in connection with the qualification of certain retirement plans)) of the application for a determination.
**(b) Opportunity to comment on application**
(1) Whenever an application is made to the Secretary of the Treasury for a determination of whether a pension, profit-sharing, or stock bonus plan, a trust which is a part of such a plan, or an annuity or bond purchase plan meets the requirements of part I of subchapter D of chapter 1 of title 26, the Secretary shall upon request afford an opportunity to comment on the application at any time within 45 days after receipt thereof to—
(A) any employee or class of employee qualifying as an interested party within
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Welfare and Pension Plans Disclosure Act [[29 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section301&num=0&edition=prelim) et seq.] is repealed except that such Act shall continue to apply to any conduct and events which occurred before the effective date of this part.
(2)
(A) [Section 664 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section664&num=0&edition=prelim) is amended by striking out “any such plan subject to the provisions of the Welfare and Pension Plans Disclosure Act” and inserting in lieu thereof “any employee benefit plan subject to any provisions of title I of the Employee Retirement Income Security Act of 1974”.
(B)
(i) Section 1027 of such title 18 is amended by striking out “Welfare and Pension Plans Disclosure Act” and inserting in lieu thereof “title I of the Employee Retirement Income Security Act of 1974”, and by striking out “Act” each place it appears and inserting in lieu thereof “title”.
(ii) The heading for such section is amended by striking out “welfare and pension plans disclosure act” and inserting in lieu thereof “employee retirement income security act of 1974”.
(iii) The table of sections of chapter 47 of such title 18 is amended by striking out “Welfare and Pension Plans Disclosure Act” in the item relating to section 1027 and inserting in lieu thereof “Employee Retirement Income Security Act of 1974”.
(C) Section 1954 of such title 18 is amended by striking out “any plan subject to the provisions of the Welfare and Pension Plans Disclosure Act as amended” and inserting in lieu thereof “any employee welfare benefit plan or employee pension benefit plan, respectively, subject to any provision of title I of the Employee Re
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Federal law — U.S. Code and appendices · legal_authorities
Page 545
TITLE 29—LABOR
§ 1141
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by 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.
REGULATIONS
Secretary authorized, effective Sept. 2, 1974, to pro-
mulgate regulations wherever provisions of this sub-
chapter call for the promulgation of regulations, see
section 1031 of this title.
§ 1138. Appropriations
There are hereby authorized to be appro-
priated such sums as may be necessary to enable
the Secretary to carry out his functions and du-
ties under this chapter.
(Pub. L. 93–406, title I, § 508, Sept. 2, 1974, 88 Stat.
895.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–406, known as the Em-
ployee 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.
Statutory Notes and Related Subsidiaries
REGULATIONS
Secretary authorized, effective Sept. 2, 1974, to pro-
mulgate regulations wherever provisions of this sub-
chapter call for the promulgation of regulations, see
section 1031 of this title.
§ 1139. Separability
If any provision of this chapter, or the applica-
tion of such provision to any person or cir-
cumstances, shall be held invalid, the remainder
of this chapter, or the application of such provi-
sion to persons or circumstances other than
those as to which it is held invalid, shal
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Federal law — U.S. Code and appendices · legal_authorities
Page 117
TITLE 29—LABOR
§§ 301 to 309
1 See References in Text note below.
2 So in original. Probably should be ‘‘Walsh-Healey Act’’.
(1) was not so subject by reason of the defini-
tion of an ‘‘area of production’’, by a regula-
tion of the Administrator of the Wage and
Hour Division of the Department of Labor,
which regulation was applicable at the time of
performance of the activity even though at
that time the regulation was invalid; or
(2) would not have been so subject if the reg-
ulation signed on December 18, 1946 (Federal
Register, Vol. 11, p. 14648) had been in force on
and after October 24, 1938.
(May 14, 1947, ch. 52, § 12, 61 Stat. 89.)
Editorial Notes
REFERENCES IN TEXT
The Fair Labor Standards Act of 1938, as amended, re-
ferred to in text, is act June 25, 1938, ch. 676, 52 Stat.
1060, as amended, which is classified generally to chap-
ter 8 (§ 201 et seq.) of this title. For complete classifica-
tion of this Act to the Code, see section 201 of this title
and Tables.
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of Labor, with certain ex-
ceptions, to Secretary of Labor, with power to delegate,
see Reorg. Plan No. 6, of 1950, §§ 1, 2, 15 F.R. 3174, 64
Stat. 1263, set out in the Appendix to Title 5, Govern-
ment Organization and Employees.
§ 262. Definitions
(a) When the terms ‘‘employer’’, ‘‘employee’’,
and ‘‘wage’’ are used in this chapter in relation
to the Fair Labor Standards Act of 1938, as
amended [29 U.S.C. 201 et seq.], they shall have
the same meaning as when used in such Act of
1938.
(b) When the term ‘‘employer’’ is used in this
chapter in relation to the Walsh-Healey Act or
Bacon-Davis Act 1 it shall mean the contractor
or subcontractor
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