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29 U.S.C. § 1149 — Prohibition on false statements and representations

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1149 — Prohibition on false statements and representations

No person, in connection with a plan or other arrangement that is 11 So in original. Probably should be followed by “a”. multiple employer welfare arrangement described in [section 1002(40) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1002/40&num=0&edition=prelim), shall make a false statement or false representation of fact, knowing it to be false, in connection with the marketing or sale of such plan or arrangement, to any employee, any member of an employee organization, any beneficiary, any employer, any employee organization, the Secretary, or any State, or the representative or agent of any such person, State, or the Secretary, concerning— (1) the financial condition or solvency of such plan or arrangement; (2) the benefits provided by such plan or arrangement; (3) the regulatory status of such plan or other arrangement under any Federal or State law governing collective bargaining, labor management relations, or intern union affairs; or (4) the regulatory status of such plan or other arrangement regarding exemption from state 22 So in original. Probably should be capitalized. regulatory authority under this chapter. This section shall not apply to any plan or arrangement that does not fall within the meaning of the term “multiple employer welfare arrangement” under [section 1002(40)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1002/40/A&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-29/section-1149-prohibition-on-false-statements-and-representations--92d4f70648.md
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Source location: Title 29, Chapter 18, § 1149; chapter-018-employee-retirement-income-security-program.md

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1001 — Congressional findings and declaration of policy

**(a) Benefit plans as affecting interstate commerce and the Federal taxing power** The Congress finds that the growth in size, scope, and numbers of employee benefit plans in recent years has been rapid and substantial; that the operational scope and economic impact of such plans is increasingly interstate; that the continued well-being and security of millions of employees and their dependents are directly affected by these plans; that they are affected with a national public interest; that they have become an important factor affecting the stability of employment and the successful development of industrial relations; that they have become an important factor in commerce because of the interstate character of their activities, and of the activities of their participants, and the employers, employee organizations, and other entities by which they are established or maintained; that a large volume of the activities of such plans are carried on by means of the mails and instrumentalities of interstate commerce; that owing to the lack of employee information and adequate safeguards concerning their operation, it is desirable in the interests of employees and their beneficiaries, and to provide for the general welfare and the free flow of commerce, that disclosure be made and safeguards be provided with respect to the establishment, operation, and administration of such plans; that they substantially affect the revenues of the United States because they are afforded preferential Federal tax treatment; that despite the enormous growth in such plans many employees with long years of employment are losing anticipated retirement benefits owing to the lack of vesting provisions in such plans; that owing to the inadequacy of current minimum standards, the soundness and stabilit

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1131 — Criminal penalties

**(a)** Any person who willfully violates any provision of part 1 of this subtitle, or any regulation or order issued under any such provision, shall upon conviction be fined not more than $100,000 or imprisoned not more than 10 years, or both; except that in the case of such violation by a person not an individual, the fine imposed upon such person shall be a fine not exceeding $500,000. **(b)** Any person that violates [section 1149 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1149&num=0&edition=prelim) shall upon conviction be imprisoned not more than 10 years or fined under title 18, or both.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1149 — Prohibition on false statements and rep-

Page 555 TITLE 29—LABOR § 1151 1 So in original. Probably should be followed by ‘‘a’’. 2 So in original. Probably should be capitalized. Secretary of Health and Human Services pursuant to section 247d of title 42, the Secretary may’’ for ‘‘or a terroristic or military action (as defined in section 692(c)(2) of such title), the Secretary may’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to disasters and terroristic or military actions occurring on or after Sept. 11, 2001, with respect to any action of the Secretary of the Treasury, the Secretary of Labor, or the Pension Ben- efit Guaranty Corporation occurring on or after Jan. 23, 2002, see section 112(f) of Pub. L. 107–134, set out as an Effective Date of 2002 Amendment note under sec- tion 6081 of Title 26, Internal Revenue Code. § 1149. Prohibition on false statements and rep- resentations No person, in connection with a plan or other arrangement that is 1 multiple employer welfare arrangement described in section 1002(40) of this title, shall make a false statement or false rep- resentation of fact, knowing it to be false, in connection with the marketing or sale of such plan or arrangement, to any employee, any member of an employee organization, any bene- ficiary, any employer, any employee organiza- tion, the Secretary, or any State, or the rep- resentative or agent of any such person, State, or the Secretary, concerning— (1) the financial condition or solvency of such plan or arrangement; (2) the benefits provided by such plan or ar- rangement; (3) the regulatory status of such plan or other arrangement under any Federal or State law governing collective bargaining, labor management relations, or intern union affairs; or (4) the regulatory status of such

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