29 U.S.C. § 1142 — Advisory Council on Employee Welfare

Page 546 TITLE 29—LABOR § 1142 1 See References in Text note below. 2 So in original. Probably should be ‘‘for the Council,’’. date any participant or beneficiary for the pur- pose of interfering with or preventing the exer- cise of any right to which he is or may become entitled under the plan, this subchapter, section 1201 of this title, or the Welfare and Pension Plans Disclosure Act [29 U.S.C. 301 et seq.]. Any person who willfully violates this section shall be fined $100,000 or imprisoned for not more than 10 years, or both. (Pub. L. 93–406, title I, § 511, Sept. 2, 1974, 88 Stat. 895; Pub. L. 109–280, title VI, § 623(a), Aug. 17, 2006, 120 Stat. 979.) Editorial Notes REFERENCES IN TEXT The Welfare and Pension Plans Disclosure Act, re- ferred to in text, is Pub. L. 85–836, Aug. 28, 1958, 72 Stat. 997, which was classified generally to chapter 10 (§ 301 et seq.) of this title, and was repealed by Pub. L. 93–406, title I, § 111(a)(1), Sept. 2, 1974, 88 Stat. 851 (Employee Retirement Income Security Act of 1974), effective Jan. 1, 1975. Such section 111(a)(1) also provided that the Welfare and Pension Plans Disclosure Act should con- tinue to apply to any conduct and events which oc- curred before Jan. 1, 1975 (see section 1031 of this title). For complete classification of the Welfare and Pension Plans Disclosure Act to the Code prior to such repeal, see Tables. AMENDMENTS 2006—Pub. L. 109–280 substituted ‘‘$100,000’’ for ‘‘$10,000’’ and ‘‘10 years’’ for ‘‘one year’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–280, title VI, § 623(b), Aug. 17, 2006, 120 Stat. 979, provided that: ‘‘The amendments made by this section [amending this section] shall apply to vio- lations occurring on and after the date of the enact- ment of this Act [Aug. 17, 2006].’’ 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. § 1142. Advisory Council on Employee Welfare and Pension Benefit Plans (a) Establishment; membership; terms; appoint- ment and reappointment; vacancies; quorum (1) There is hereby established an Advisory Council on Employee Welfare and Pension Ben- efit Plans (hereinafter in this section referred to as the ‘‘Council’’) consisting of fifteen members appointed by the Secretary. Not more than eight members of the Council shall be members of the same political party. (2) Members shall be persons qualified to ap- praise the programs instituted under this chap- ter. (3) Of the members appointed, three shall be representatives of employee organizations (at least one of whom shall be representative of any organization members of which are participants in a multiemployer plan); three shall be rep- resentatives of employers (at least one of whom shall be representative of employers maintain- ing or contributing to multi-employer plans); three representatives shall be appointed from the general public, one of whom shall be a per- son representing those receiving benefits from a pension plan; and there shall be one representa- tive each from the fields of insurance, corporate trust, actuarial counseling, investment coun- seling, investment management, and the ac- counting field. (4) Members shall serve for terms of three years except that of those first appointed, five shall be appointed for terms of one year, five shall be appointed for terms of two years, and five shall be appointed for terms of three years. A member may be reappointed. A member ap- pointed to fill a vacancy shall be appointed only for the remainder of such term. A majority of members shall constitute a quorum and action shall be taken only by a majority vote of those present and voting. (b) Duties and functions It shall be the duty of the Council to advise the Secretary with respect to the carrying out of his functions under this chapter and to sub- mit to the Secretary recommendations with re- spect thereto. The Council shall meet at least four times each year and at such other times as the Secretary requests. In his annual report sub- mitted pursuant to section 1143(b) 1 of this title, the Secretary shall include each recommenda- tion which he has received from the Council dur- ing the preceding calendar year. (c) Executive secretary; secretarial and clerical services The Secretary shall furnish to the Council an executive secretary and such secretarial, cler- ical, and other services as are deemed necessary to conduct its business. The Secretary may call upon other agencies of the Government for sta- tistical data, reports, and other information which will assist the Council in the performance of its duties. (d) Compensation (1) Members of the Council shall each be enti- tled to receive the daily equivalent of the an- nual rate of basic pay in effect for grade GS–18 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Council. (2) While away from their homes or regular places of business in the performance of services for Council, 2 members of the Council shall be al- lowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5.1 (e) Termination Section 1013(a) of title 5 (relating to termi- nation) shall not apply to the Council. (Pub. L. 93–406, title I, § 512, Sept. 2, 1974, 88 Stat. 895; Pub. L. 117–286, § 4(a)(189), Dec. 27, 2022, 136 Stat. 4326.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(2), (b), was in the original ‘‘this Act’’, meaning Pub. L. 93–406, known Page 547 TITLE 29—LABOR § 1143a as the Employee Retirement Income Security Act of 1974. Titles I, III, and IV of such Act are classified prin- cipally 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. Section 1143(b) of this title, referred to in subsec. (b), was omitted from the Code. Section 5703 of title 5, referred to in subsec. (d)(2), was amended generally by Pub. L. 94–22, § 4, May 19, 1975, 89 Stat. 85, and, as so amended, does not contain a subsec. (b). AMENDMENTS 2022—Subsec. (e). Pub. L. 117–286 substituted ‘‘Section 1013(a) of title 5 (relating to termination)’’ for ‘‘Section 14(a) of the Federal Advisory Committee Act (relating to termination)’’. 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. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 1143. Research, studies, and reports (a) Authorization to undertake research and sur- veys (1) The Secretary is authorized to undertake research and surveys and in connection there- with to collect, compile, analyze and publish data, information, and statistics relating to em- ployee benefit plans, including retirement, de- ferred compensation, and welfare plans, and types of plans not subject to this chapter. (2) The Secretary is authorized and directed to undertake research studies relating to pension plans, including but not limited to (A) the ef- fects of this subchapter upon the provisions and costs of pension plans, (B) the role of private pensions in meeting the economic security needs of the Nation, and (C) the operation of private pension plans including types and levels of bene- fits, degree of reciprocity or portability, and fi- nancial and actuarial characteristics and prac- tices, and methods of encouraging the growth of the private pension system. (3) The Secretary may, as he deems appro- priate or necessary, undertake other studies re- lating to employee benefit plans, the matters regulated by this subchapter, and the enforce- ment procedures provided for under this sub- chapter. (4) The research, surveys, studies, and publica- tions referred to in this subsection may be con- ducted directly, or indirectly through grant or contract arrangements. (b) Omitted (c) Cooperation with Congress The Secretary is authorized and directed to cooperate with the Congress and its appropriate committees, subcommittees, and staff in sup- plying data and any other information, and per- sonnel and services, required by the Congress in any study, examination, or report by the Con- gress relating to pension benefit plans estab- lished or maintained by States or their political subdivisions. (Pub. L. 93–406, title I, § 513, Sept. 2, 1974, 88 Stat. 896.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), was in the original ‘‘this Act’’, meaning Pub. L. 93–406, known as the Employee Retirement Income Security Act of 1974. Titles I, III, and IV of such Act are classified prin- cipally 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. CODIFICATION Subsec. (b) of this section, which required the Sec- retary to submit annually a report to Congress on the administration of this subchapter, terminated, effec- tive May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 123 of House Document No. 103–7. 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. § 1143a. Studies by Comptroller General (1) In general The Comptroller General of the United States may, pursuant to the request of any Member of Congress, study employee benefit plans, includ- ing the effects of such plans on employees, par- ticipants, and their beneficiaries. (2) Access to books, documents, etc. For the purpose of conducting studies under this section, the Comptroller General, or any of his duly authorized representatives, shall have access to and the right to examine and copy any books, documents, papers, records, or other re- corded information— (A) within the possession or control of the administrator, sponsor, or employer of and persons providing services to any employee benefit plan, and (B) which the Comptroller General or his representative finds, in his own judgment, per- tinent to such study. The Comptroller General shall not disclose the identity of any individual or employer in mak- ing any information obtained under this section available to the public. (3) Definitions For purposes of this section, the terms ‘‘em- ployee benefit plan’’, ‘‘participant’’, ‘‘adminis- trator’’, ‘‘beneficiary’’, ‘‘plan sponsor’’, ‘‘em- ployee’’, and ‘‘employer’’ are defined in section 1002 of this title. (4) Effective date The preceding provisions of this section shall be effective on April 7, 1986.