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29 U.S.C. § 1102 — Establishment of plan
Federal law — U.S. Code and appendices · legal_authorities
**(a) Named fiduciaries**
(1) Every employee benefit plan shall be established and maintained pursuant to a written instrument. Such instrument shall provide for one or more named fiduciaries who jointly or severally shall have authority to control and manage the operation and administration of the plan.
(2) For purposes of this subchapter, the term “named fiduciary” means a fiduciary who is named in the plan instrument, or who, pursuant to a procedure specified in the plan, is identified as a fiduciary (A) by a person who is an employer or employee organization with respect to the plan or (B) by such an employer and such an employee organization acting jointly.
**(b) Requisite features of plan** Every employee benefit plan shall—
(1) provide a procedure for establishing and carrying out a funding policy and method consistent with the objectives of the plan and the requirements of this subchapter,
(2) describe any procedure under the plan for the allocation of responsibilities for the operation and administration of the plan (including any procedure described in [section 1105(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1105/c/1&num=0&edition=prelim)),
(3) provide a procedure for amending such plan, and for identifying the persons who have authority to amend the plan, and
(4) specify the basis on which payments are made to and from the plan.
**(c) Optional features of plan** Any employee benefit plan may provide—
(1) that any person or group of persons may serve in more than one fiduciary capacity with respect to the plan (including service both as trustee and administrator);
(2) that a named fiduciary, or a fiduciary designated by a named fiduciary pursuant to a plan procedure described in [section 1105(c)(1
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Source location: Title 29, Chapter 18, § 1102; chapter-018-employee-retirement-income-security-program.md
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**(a) Named fiduciaries**
(1) Every employee benefit plan shall be established and maintained pursuant to a written instrument. Such instrument shall provide for one or more named fiduciaries who jointly or severally shall have authority to control and manage the operation and administration of the plan.
(2) For purposes of this subchapter, the term “named fiduciary” means a fiduciary who is named in the plan instrument, or who, pursuant to a procedure specified in the plan, is identified as a fiduciary (A) by a person who is an employer or employee organization with respect to the plan or (B) by such an employer and such an employee organization acting jointly.
**(b) Requisite features of plan** Every employee benefit plan shall—
(1) provide a procedure for establishing and carrying out a funding policy and method consistent with the objectives of the plan and the requirements of this subchapter,
(2) describe any procedure under the plan for the allocation of responsibilities for the operation and administration of the plan (including any procedure described in [section 1105(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1105/c/1&num=0&edition=prelim)),
(3) provide a procedure for amending such plan, and for identifying the persons who have authority to amend the plan, and
(4) specify the basis on which payments are made to and from the plan.
**(c) Optional features of plan** Any employee benefit plan may provide—
(1) that any person or group of persons may serve in more than one fiduciary capacity with respect to the plan (including service both as trustee and administrator);
(2) that a named fiduciary, or a fiduciary designated by a named fiduciary pursuant to a plan procedure described in [section 1105(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1105/c/1&num=0&edition=prelim), may employ one or more persons to render advice with regard to any responsibility such fiduciary has under the plan; or
(3) that a person who is a named fiduciary with respect to control or management of the assets of the plan may appoint an investment manager or managers to manage (including the power to acquire and dispose of) any assets of a plan.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Group health plan coverage pursuant to medical child support orders**
(1) **In general** — Each group health plan shall provide benefits in accordance with the applicable requirements of any qualified medical child support order. A qualified medical child support order with respect to any participant or beneficiary shall be deemed to apply to each group health plan which has received such order, from which the participant or beneficiary is eligible to receive benefits, and with respect to which the requirements of paragraph (4) are met.
(2) **Definitions** — For purposes of this subsection—
(A) *Qualified medical child support order* — The term “qualified medical child support order” means a medical child support order—
(i) which creates or recognizes the existence of an alternate recipient’s right to, or assigns to an alternate recipient the right to, receive benefits for which a participant or beneficiary is eligible under a group health plan, and
(ii) with respect to which the requirements of paragraphs (3) and (4) are met.
(B) *Medical child support order* — The term “medical child support order” means any judgment, decree, or order (including approval of a settlement agreement) which—
(i) provides for child support with respect to a child of a participant under a group health plan or provides for health benefit coverage to such a child, is made pursuant to a State domestic relations law (including a community property law), and relates to benefits under such plan, or
(ii) is made pursuant to a law relating to medical child support described in section 1908 of the Social Security Act [[42 U.S.C. 1396g–1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396g–1&num=0&edition=prelim)] (as added by section 13
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1169
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Federal law — U.S. Code and appendices · legal_authorities
Page 505
TITLE 29—LABOR
§ 1103
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–188, title I, § 1460(b), Aug. 20, 1996, 110 Stat.
1822, provided that:
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the amendment made by this section [amending this
section] shall take effect on January 1, 1975.
‘‘(2) CIVIL
ACTIONS.—The amendment made by this
section shall not apply to any civil action commenced
before November 7, 1995.’’
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.
PLAN AMENDMENTS NOT REQUIRED UNTIL
JANUARY 1, 1998
For provisions directing that if any amendments
made by subtitle D [§§ 1401–1465] of title I of Pub. L.
104–188 require an amendment to any plan or annuity
contract, such amendment shall not be required to be
made before the first day of the first plan year begin-
ning on or after Jan. 1, 1998, see section 1465 of Pub. L.
104–188, set out as a note under section 401 of Title 26,
Internal Revenue Code.
§ 1102. Establishment of plan
(a) Named fiduciaries
(1) Every employee benefit plan shall be estab-
lished and maintained pursuant to a written in-
strument. Such instrument shall provide for one
or more named fiduciaries who jointly or sever-
ally shall have authority to control and manage
the operation and administration of the plan.
(2) For purposes of this subchapter, the term
‘‘named fiduciary’’ means a fiduciary who is
named in the plan instrument, or who, pursuant
to a procedure specified in the plan, is identified
as a fid
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 1102
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