29 U.S.C. § 1141 — Coercive interference

Page 545 TITLE 29—LABOR § 1141 Statutory Notes and Related Subsidiaries 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. 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. § 1138. Appropriations There are hereby authorized to be appro- priated such sums as may be necessary to enable the Secretary to carry out his functions and du- ties under this chapter. (Pub. L. 93–406, title I, § 508, Sept. 2, 1974, 88 Stat. 895.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–406, known as the Em- ployee Retirement Income Security Act of 1974. Titles I, III, and IV of such Act are classified principally 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. 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. § 1139. Separability If any provision of this chapter, or the applica- tion of such provision to any person or cir- cumstances, shall be held invalid, the remainder of this chapter, or the application of such provi- sion to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (Pub. L. 93–406, title I, § 509, Sept. 2, 1974, 88 Stat. 895.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–406, known as the Em- ployee Retirement Income Security Act of 1974. Titles I, III, and IV of such Act are classified principally 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. 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. § 1140. Interference with protected rights It shall be unlawful for any person to dis- charge, fine, suspend, expel, discipline, or dis- criminate against a participant or beneficiary for exercising any right to which he is entitled under the provisions of an employee benefit plan, this subchapter, section 1201 of this title, or the Welfare and Pension Plans Disclosure Act [29 U.S.C. 301 et seq.], or for the purpose of inter- fering with the attainment of any right to which such participant may become entitled under the plan, this subchapter, or the Welfare and Pen- sion Plans Disclosure Act. It shall be unlawful for any person to discharge, fine, suspend, expel, or discriminate against any person because he has given information or has testified or is about to testify in any inquiry or proceeding re- lating to this chapter or the Welfare and Pen- sion Plans Disclosure Act. In the case of a mul- tiemployer plan, it shall be unlawful for the plan sponsor or any other person to discriminate against any contributing employer for exer- cising rights under this chapter or for giving in- formation or testifying in any inquiry or pro- ceeding relating to this chapter before Congress. The provisions of section 1132 of this title shall be applicable in the enforcement of this section. (Pub. L. 93–406, title I, § 510, Sept. 2, 1974, 88 Stat. 895; Pub. L. 109–280, title II, § 205, Aug. 17, 2006, 120 Stat. 889.) 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. This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–406, known as the Em- ployee Retirement Income Security Act of 1974. Titles I, III, and IV of such Act are classified principally 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. AMENDMENTS 2006—Pub. L. 109–280 inserted before last sentence ‘‘In the case of a multiemployer plan, it shall be unlawful for the plan sponsor or any other person to discrimi- nate against any contributing employer for exercising rights under this chapter or for giving information or testifying in any inquiry or proceeding relating to this chapter before Congress.’’ 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. § 1141. Coercive interference It shall be unlawful for any person through the use of fraud, force, violence, or threat of the use of force or violence, to restrain, coerce, intimi- date, or attempt to restrain, coerce, or intimi- 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