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29 U.S.C. § 1150 — Applicability of State law to combat fraud and abuse

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

29 U.S.C. § 1150 — Applicability of State law to combat fraud and abuse

The Secretary may, for the purpose of identifying, preventing, or prosecuting fraud and abuse, adopt regulatory standards establishing, or issue an order relating to a specific person establishing, that a person engaged in the business of providing insurance through 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) is subject to the laws of the States in which such person operates which regulate insurance in such State, notwithstanding [section 1144(b)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1144/b/6&num=0&edition=prelim) or the Liability Risk Retention Act of 1986 [[15 U.S.C. 3901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3901&num=0&edition=prelim) et seq.], and regardless of whether the law of the State is otherwise preempted under any of such provisions. 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-1150-applicability-of-state-law-to-combat-fraud-and-abuse--d46b5b33d4.md
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Source location: Title 29, Chapter 18, § 1150; chapter-018-employee-retirement-income-security-program.md

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

15 U.S.C. § 3901 — Definitions

**(a)** As used in this chapter— (1) “insurance” means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under applicable State or Federal law; (2) “liability”— (A) means legal liability for damages (including costs of defense, legal costs and fees, and other claims expenses) because of injuries to other persons, damage to their property, or other damage or loss to such other persons resulting from or arising out of— (i) any business (whether profit or nonprofit), trade, product, services (including professional services), premises, or operations, or (ii) any activity of any State or local government, or any agency or political subdivision thereof; and (B) does not include personal risk liability and an employer’s liability with respect to its employees other than legal liability under the Federal Employers’ Liability Act ([45 U.S.C. 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section51&num=0&edition=prelim) et seq.); (3) “personal risk liability” means liability for damages because of injury to any person, damage to property, or other loss or damage resulting from any personal, familial, or household responsibilities or activities, rather than from responsibilities or activities referred to in paragraphs (2)(A) and (2)(B); (4) “risk retention group” means any corporation or other limited liability association— (A) whose primary activity consists of assuming, and spreading all, or any portion, of the liability exposure of its group members; (B) which is organized for the primary purpose of conducting the activity described under subparagraph (A); (C) which— (i) is chartered or licensed as

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

15 U.S.C. § 3901 — Definitions

Page 2088 TITLE 15—COMMERCE AND TRADE § 3809 § 3809. Authorization of appropriations; required funding There are authorized to be appropriated to the Secretary for purposes of carrying out this chap- ter, not to exceed $3,000,000 for the fiscal year ending September 30, 1982, not less than one-half of which shall be for the purpose of making loans under section 3806(b) of this title; not to exceed $5,000,000 for the fiscal year ending Sep- tember 30, 1983, not less than one-half of which shall be for the purpose of making loans under section 3806(b) of this title; not to exceed $5,000,000 for the fiscal year ending September 30, 1984, not less than one-half of which shall be for the purpose of making loans under section 3806(b) of this title; and such sums as may be necessary for the fiscal years ending September 30, 1985, and September 30, 1986. Any amount ap- propriated pursuant to this section shall remain available until expended. (Pub. L. 96–512, § 10, Dec. 12, 1980, 94 Stat. 2833.) § 3810. Relationship to other laws (a) Modification or waiver Nothing in this chapter shall be construed as authorizing the Secretary or any other official with respect to any activity pursuant to this chapter to modify or waive the application of any Federal, State or local laws dealing with the production, transportation, storage, safety, use or pricing of methane. (b) Promulgation of rules Nothing in this chapter shall be construed as granting the Secretary or any other Federal of- ficial any authority to promulgate rules of gen- eral application to regulate the production, transportation, storage, safety, use or pricing of methane as a transportation fuel or vehicles which use methane as a transportation fuel. (Pub. L. 96–512, § 11, Dec. 12, 1980, 94

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

29 U.S.C. § 1150 — Applicability of State law to combat fraud

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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