...)()()()()() /* The federal law which provides protection for employees in regard to their benefits of employment is ERISA, which follows. Section 510 of ERISA (29 USC 1140) provides limitations of benefit changes, and, employees have sued their employers when health benefits were eliminated for HIV. These claims have been rejected. We provide this section from ERISA as well as the index to ERISA. */ Chapter 18: EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM Section PROTECTION OF EMPLOYEE BENEFIT RIGHTS GENERAL PROVISIONS 1001. Congressional findings and declaration of policy 1001a. Additional Congressional findings and declaration of policy 1001b. Findings and declaration of policy 1002. Definitions 1003. Coverage REGULATORY PROVISIONS REPORTING AND DISCLOSURE 1021. Duty of disclosure and reporting 1022. Plan description and summary plan description 1023. Annual reports 1024. Filing and furnishing of information 1025. Reporting of participant's benefit rights 1026. Reports made public information 1027. Retention of records 1028. Reliance on administrative interpretations 1029. Forms 1030. Alternative methods of compliance 1031. Repeal and effective date PARTICIPATION AND VESTING 1051. Coverage 1052. Minimum participation standards 1053. Minimum vesting standards 1054. Benefit accrual requirements 1055. Requirement of joint and survivor annuity and preretirement survivor annuity 1056. Form and payment of benefits 1057. Temporary variances from certain vesting requirements 1058. Mergers and consolidations of plans or transfers of plan assets 1059. Recordkeeping and reporting requirements 1060. Multiple employer plans 1061. Effective dates FUNDING 1081. Coverage 1082. Minimum funding standards 1083. Variance from minimum funding standard 1084. Extension of amortization periods 1085. Alternative minimum funding standard 1085a. Security for waivers of minimum funding standard and extensions of amortization period 1085b. Security required upon adoption of plan amendment resulting in significant underfunding 1086. Effective dates FIDUCIARY RESPONSIBILITY 1101. Coverage 1102. Establishment of plan 1103. Establishment of trust 1104. Fiduciary duties 1105. Liability for breach by co-fiduciary 1106. Prohibited transactions 1107. Limitation with respect to acquisition and holding of employer securities and employer real property by certain plans 1108. Exemptions from prohibited transactions 1109. Liability for breach of fiduciary duty 1110. Exculpatory provisions; insurance 1111. Persons prohibited from holding certain positions 1112. Bonding 1113. Limitation of actions 1114. Effective date ADMINISTRATION AND ENFORCEMENT 1131. Criminal penalties 1132. Civil enforcement 1133. Claims procedure 1134. Investigative authority 1135. Regulations 1136. Coordination and responsibility of agencies enforcing Employee Retirement Income Security Act and related Federal laws. 1137. Administration 1138. Appropriations 1139. Separability of provisions 1140. Interference with protected rights 1141. Coercive interference 1142. Advisory Council on Employee Welfare and Pension Benefit Plans 1143. Research, studies, and reports 1143a. Studies by Comptroller General 1144. Other laws 1145. Delinquent contributions GROUP HEALTH PLANS 1161. Plans must provide continuation coverage to certain individuals 1162. Continuation coverage 1163. Qualifying event 1164. Applicable premium 1165. Election 1166. Notice requirements 1167. Definitions and special rules 1168. Regulations 1169. Additional standards for group health plans 1170-1200. [Reserved] JURISDICTION, ADMINISTRATION, ENFORCEMENT; JOINT PENSION TASK FORCE, ETC. JURISDICTION, ADMINISTRATION, AND ENFORCEMENT 1201. Procedures in connection with the issuance of certain determination letters by the Secretary of the Treasury covering qualifications under 26 USC 1 et seq. 1202. Procedures with respect to continued compliance with Internal Revenue requirements relating to participation, vesting, and funding standards 1203. Procedures in connection with prohibited transactions 1204. Coordination between the Department of the Treasury and the Department of Labor JOINT PENSION, PROFIT-SHARING, AND EMPLOYEE STOCK OWNERSHIP PLAN TASK FORCE; STUDIES JOINT PENSION, PROFIT-SHARING, AND EMPLOYEE STOCK OWNERSHIP PLAN TASK FORCE 1221. Establishment 1222. Duties OTHER STUDIES 1231. Congressional study 1232. Protection for employees under Federal procurement, construction, and research contracts and grants ENROLLMENT OF ACTUARIES 1241. Joint Board for the Enrollment of Actuaries 1242. Enrollment by Board; standards and qualifications; suspension or termination of enrollment PLAN TERMINATION INSURANCE PENSION BENEFIT GUARANTY CORPORATION 1301. Definitions 1302. Pension Benefit Guaranty Corporation 1303. Operation of corporation 1304. [Repealed] 1305. Pension benefit guaranty funds 1306. Premium rates 1307. Payment of premiums 1308. Annual report by the corporation 1309. Portability assistance COVERAGE 1321. Coverage 1322. Single-employer plan benefits guaranteed 1322a. Multiemployer plan benefits guaranteed 1322b. Aggregate limit on benefits guaranteed; criteria applicable 1323. Plan fiduciaries TERMINATIONS 1341. Termination of single-employer plans 1341a. Termination of multiemployer plans 1342. Institution of termination proceedings by the corporation 1343. Reportable events 1344. Allocation of assets 1345. Recapture of payments 1346. Reports to trustee 1347. Restoration of plans 1348. Termination date 1349. [Repealed] LIABILITY 1361. Amounts payable by corporation 1362. Liability for termination of single-employer plans under a distress termination or a termination by corporation 1363. Liability of substantial employer for withdrawal from single-employer plans under multiple controlled groups 1364. Liability on termination of single-employer plans under multiple controlled groups 1365. Annual report of plan administrator 1366. Annual notification to substantial employers 1367. Recovery of liability for plan termination 1368. Lien for liability 1369. Treatment of transactions to evade liability; effect of corporate reorganization 1370. Enforcement authority relating to terminations of single-employer plans 1371. Penalty for failure to timely provide required information SPECIAL PROVISIONS FOR MULTIEMPLOYER PLANS EMPLOYER WITHDRAWALS 1381. Withdrawal liability established; criteria and definitions 1382. Determination and collection of liability; notification of employer 1383. Complete withdrawal 1384. Sale of assets 1385. Partial withdrawals 1386. Adjustment for partial withdrawal; determination of amount; reduction for partial withdrawal liability; procedures applicable 1387. Reduction or waiver of complete withdrawal liability; procedures and standards applicable 1388. Reduction of partial withdrawal liability 1389. De minimis rule 1390. Nonapplicability of withdrawal liability for certain temporary contribution obligation periods; exception 1391. Methods for computing withdrawal liability 1392. Obligation to contribute 1393. Actuarial assumptions 1394. Application of plan amendments; exception 1395. Plan notification to corporation of potentially significant withdrawals 1396. Special rules for plans under 26 USC 404(c) 1397. Application of 29 USC 1381 et seq. in case of certain pre-1980 withdrawals; adjustment of covered plan 1398. Withdrawal not to occur merely because of change in business form or suspension of contributions during labor dispute 1399. Notice, collection, etc., of withdrawal liability 1400. Approval of amendments 1401. Resolution of disputes 1402. Reimbursements for uncollectible withdrawal liability 1403. Withdrawal liability payment fund 1404. Alternative method of withdrawal liability payments 1405. Limitation on withdrawal liability MERGER OR TRANSFER OF PLAN ASSETS OR LIABILITIES 1411. Mergers and transfers between multiemployer plans 1412. Transfers between a multiemployer plan and a single-employer plan 1413. Partition 1414. Asset transfer rules 1415. Transfers pursuant to change in bargaining representative REORGANIZATION; MINIMUM CONTRIBUTION REQUIREMENT FOR MULTIEMPLOYER PLANS 1421. Reorganization status 1422. Notice of reorganization and funding requirements 1423. Minimum contribution requirement 1424. Overburden credit against minimum contribution requirement 1425. Adjustments in accrued benefits 1426. Insolvent plans FINANCIAL ASSISTANCE 1431. Assistance by corporation BENEFITS AFTER TERMINATION 1441. Benefits under certain terminated plans ENFORCEMENT 1451. Civil actions 1452. Penalty for failure to provide notice 1453. Election of plan status TRANSITION RULES AND EFFECTIVE DATES 1461. Effective date; special rules 29 USC 1140. Interference with protected rights (This is section 510 of ERISA) It shall be unlawful for any person to discharge, fine, suspend, expel, discipline, or discriminate against a participant or beneficiary for exercising any right to which he is entitled under the provisions of an employee benefit plan, this title, section 3001 [29 USC 1201], or the Welfare and Pension Plans Disclosure Act, or for the purpose of interfering with the attainment of any right to which such participant may become entitled under the plan, this title, or the Welfare and Pension 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 relating to this Act or the Welfare and Pension Plans Disclosure Act. The provisions of section 502 [29 USC 1132] shall be applicable in the enforcement of this section.