Browse Arkansas Code titles and sections
29 U.S.C. § 1133 — Claims procedure
Federal law — U.S. Code and appendices · legal_authorities
Page 541
TITLE 29—LABOR
§ 1134
Amendment by section 7881(b)(5)(B), (j)(2), (3) of Pub.
L. 101–239 effective, except as otherwise provided, as if
included in the provision of the Pension Protection
Act, Pub. L. 100–203, §§ 9302–9346, to which such amend-
ment relates, see section 7882 of Pub. L. 101–239, set out
as a note under section 401 of Title 26, Internal Revenue
Code.
Amendment by section 7891(a)(1) of Pub. L. 101–239 ef-
fective, 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.
Amendment by section 7894(f)(1) of Pub. L. 101–239 ef-
fective, except as otherwise provided, as if originally
included in the provision of the Employee Retirement
Income Security Act of 1974, Pub. L. 93–406, to which
such amendment relates, see section 7894(i) of Pub. L.
101–239, set out as a note under section 1002 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Pub. L. 100–203, title IX, § 9342(d), Dec. 22, 1987, 101
Stat. 1330–372, provided that:
‘‘(1) IN GENERAL.—The amendments made by this sec-
tion [amending this section and sections 1023, 1024, and
1113 of this title] shall apply with respect to reports re-
quired to be filed after December 31, 1987.
‘‘(2) REGULATIONS.—The Secretary of Labor shall
issue the regulations required to carry out the amend-
ments made by subsection (c) [amending this section]
not later than January 1, 1989.’’
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–272 applicable to plan years
beginning on or after July 1, 1986, with special rule for
collective bargaining agreements, see section 10002(d)
of Pub. L. 99–272, set out as an Effective
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Page 541
TITLE 29—LABOR
§ 1134
Amendment by section 7881(b)(5)(B), (j)(2), (3) of Pub.
L. 101–239 effective, except as otherwise provided, as if
included in the provision of the Pension Protection
Act, Pub. L. 100–203, §§ 9302–9346, to which such amend-
ment relates, see section 7882 of Pub. L. 101–239, set out
as a note under section 401 of Title 26, Internal Revenue
Code.
Amendment by section 7891(a)(1) of Pub. L. 101–239 ef-
fective, 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.
Amendment by section 7894(f)(1) of Pub. L. 101–239 ef-
fective, except as otherwise provided, as if originally
included in the provision of the Employee Retirement
Income Security Act of 1974, Pub. L. 93–406, to which
such amendment relates, see section 7894(i) of Pub. L.
101–239, set out as a note under section 1002 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Pub. L. 100–203, title IX, § 9342(d), Dec. 22, 1987, 101
Stat. 1330–372, provided that:
‘‘(1) IN GENERAL.—The amendments made by this sec-
tion [amending this section and sections 1023, 1024, and
1113 of this title] shall apply with respect to reports re-
quired to be filed after December 31, 1987.
‘‘(2) REGULATIONS.—The Secretary of Labor shall
issue the regulations required to carry out the amend-
ments made by subsection (c) [amending this section]
not later than January 1, 1989.’’
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–272 applicable to plan years
beginning on or after July 1, 1986, with special rule for
collective bargaining agreements, see section 10002(d)
of Pub. L. 99–272, set out as an Effective Date note
under section 1161 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–364 effective Sept. 26, 1980,
except as specifically provided, see section 1461(e) of
this title.
REGULATIONS
Pub. L. 110–233, title I, § 101(f)(1), May 21, 2008, 122
Stat. 888, provided that: ‘‘The Secretary of Labor shall
issue final regulations not later than 12 months after
the date of enactment of this Act [May 21, 2008] to
carry out the amendments made by this section
[amending this section and sections 1182 and 1191b of
this title].’’
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.
APPLICABILITY OF AMENDMENTS BY SUBTITLES A AND B
OF TITLE I OF PUB. L. 109–280
For special rules on applicability of amendments by
subtitles A (§§ 101–108) and B (§§ 111–116) of title I of Pub.
L. 109–280 to certain eligible cooperative plans, PBGC
settlement plans, and eligible government contractor
plans, see sections 104, 105, and 106 of Pub. L. 109–280,
set out as notes under section 401 of Title 26, Internal
Revenue Code.
SPECIAL RULE
FOR CERTAIN BENEFITS FUNDED UNDER
AN AGREEMENT APPROVED
BY
THE PENSION BENEFIT
GUARANTY CORPORATION
For applicability of amendment by section 202(b), (c)
of Pub. L. 109–280 to a multiemployer plan that is a
party to an agreement that was approved by the Pen-
sion Benefit Guaranty Corporation prior to June 30,
2005, and that increases benefits and provides for cer-
tain withdrawal liability rules, see section 206 of Pub.
L. 109–280, set out as a note under section 412 of Title
26, Internal Revenue Code.
EFFECT OF PUB. L. 103–401 ON OTHER PROVISIONS
Pub. L. 103–401, § 4, Oct. 22, 1994, 108 Stat. 4172, pro-
vided that: ‘‘Nothing in this Act [amending this section
and enacting provisions set out as notes under this sec-
tion and section 1001 of this title] shall be construed to
limit the legal standing of individuals to bring a civil
action as participants or beneficiaries under section
502(a) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1132(a)), and nothing in this Act
shall affect the responsibilities, obligations, or duties
imposed upon fiduciaries by title I of the Employee Re-
tirement Income Security Act of 1974 [this sub-
chapter].’’
PLAN AMENDMENTS NOT REQUIRED UNTIL JULY 30, 2002
For provisions directing that if any amendment made
by section 306(b) of Pub. L. 107–204 requires an amend-
ment to any plan, such plan amendment shall not be
required to be made before the first plan year begin-
ning on or after July 30, 2002, see section 7244(b)(3) of
Title 15, Commerce and Trade.
PLAN AMENDMENTS NOT REQUIRED UNTIL
JANUARY 1, 1994
For provisions setting forth circumstances under
which any amendment to a plan required to be made by
an amendment made by section 4301 of Pub. L. 103–66
shall not be required to be made before the first plan
year beginning on or after Jan. 1, 1994, see section
4301(d) of Pub. L. 103–66, set out as an Effective Date of
1993 Amendment note under section 1021 of this title.
§ 1133. Claims procedure
In accordance with regulations of the Sec-
retary, every employee benefit plan shall—
(1) provide adequate notice in writing to any
participant or beneficiary whose claim for
benefits under the plan has been denied, set-
ting forth the specific reasons for such denial,
written in a manner calculated to be under-
stood by the participant, and
(2) afford a reasonable opportunity to any
participant whose claim for benefits has been
denied for a full and fair review by the appro-
priate named fiduciary of the decision denying
the claim.
(Pub. L. 93–406, title I, § 503, Sept. 2, 1974, 88 Stat.
893.)
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.
§ 1134. Investigative authority
(a) Investigation and submission of reports,
books, etc.
The Secretary shall have the power, in order
to determine whether any person has violated or
is about to violate any provision of this sub-
chapter or any regulation or order thereunder—
(1) to make an investigation, and in connec-
tion therewith to require the submission of re-
ports, books, and records, and the filing of
data in support of any information required to
be filed with the Secretary under this sub-
chapter, and
(2) to enter such places, inspect such books
and records and question such persons as he
may deem necessary to enable him to deter-
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Persons empowered to bring a civil action** A civil action may be brought—
(1) by a participant or beneficiary—
(A) for the relief provided for in subsection (c) of this section, or
(B) to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan;
(2) by the Secretary, or by a participant, beneficiary or fiduciary for appropriate relief under [section 1109 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1109&num=0&edition=prelim);
(3) by a participant, beneficiary, or fiduciary (A) to enjoin any act or practice which violates any provision of this subchapter or the terms of the plan, or (B) to obtain other appropriate equitable relief (i) to redress such violations or (ii) to enforce any provisions of this subchapter or the terms of the plan;
(4) by the Secretary, or by a participant, or beneficiary for appropriate relief in the case of a violation of section 1025(c) or 1032(a) of this title;
(5) except as otherwise provided in subsection (b), by the Secretary (A) to enjoin any act or practice which violates any provision of this subchapter, or (B) to obtain other appropriate equitable relief (i) to redress such violation or (ii) to enforce any provision of this subchapter;
(6) by the Secretary to collect any civil penalty under paragraph (2), (4), (5), (6), (7), (8), or (9) of subsection (c) or under subsection (i) or (l);
(7) by a State to enforce compliance with a qualified medical child support order (as defined in [section 1169(a)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1169/a/2/A&num=0&edition=prelim));
(8) by the Secretary, o
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1132
Stored review status: release_metadata_unconfirmed. The source passage cites 29 U.S.C. § 1132. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 534
TITLE 29—LABOR
§ 1131
would be and if such provision of services
was not, at the time of such provision, a pro-
hibited transaction (within the meaning of
section 503(b) of title 26) or the cor-
responding provisions of prior law; or
(5) the sale, exchange, or other disposition of
property which is owned by a plan on June 30,
1974, and all times thereafter, to a party in in-
terest, if such plan is required to dispose of
such property in order to comply with the pro-
visions of section 1107(a) of this title (relating
to the prohibition against holding excess em-
ployer securities and employer real property),
and if the plan receives not less than adequate
consideration.
(d) Any election, or failure to elect, by a dis-
qualified person under section 2003(c)(1)(B) of
this Act shall be treated for purposes of this
part (but not for purposes of section 1144 of this
title) as an act or omission occurring before the
effective date of this part.
(e) The preceding provisions of this section
shall not apply with respect to amendments
made to this part in provisions enacted after
September 2, 1974.
(Pub. L. 93–406, title I, § 414, Sept. 2, 1974, 88 Stat.
889; Pub. L. 101–239, title VII, § 7894(e)(6), (h)(4),
Dec. 19, 1989, 103 Stat. 2450, 2451.)
Editorial Notes
REFERENCES IN TEXT
Section 2003(c)(1)(B) of this Act, referred to in subsec.
(d), is section 2003(c)(1)(B) of Pub. L. 93–406, which is set
out as an Effective Date; Savings Provisions note under
section 4975 of Title 26, Internal Revenue Code.
AMENDMENTS
1989—Subsec. (c)(2). Pub. L. 101–239, § 7894(e)(6), sub-
stituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal
Revenue Code of 1954’’, which for purposes of codifica-
tion was translated as ‘‘title 26’’ thus requiring no
change in t
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 1132
Stored review status: historical_2024_not_currentness_verified. The source passage cites 29 U.S.C. § 1132. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
In accordance with regulations of the Secretary, every employee benefit plan shall—
(1) provide adequate notice in writing to any participant or beneficiary whose claim for benefits under the plan has been denied, setting forth the specific reasons for such denial, written in a manner calculated to be understood by the participant, and
(2) afford a reasonable opportunity to any participant whose claim for benefits has been denied for a full and fair review by the appropriate named fiduciary of the decision denying the claim.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1133
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.