/* 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.