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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 47 — Fraud and False Statements

§ 1027. False statements and concealment of facts in relation to documents required by the Employee Retirement Income Security Act of 1974

Statutory text

Whoever, in any document required by title I of the Employee Retirement Income Security Act of 1974 (as amended from time to time) to be published, or kept as part of the records of any employee welfare benefit plan or employee pension benefit plan, or certified to the administrator of any such plan, makes any false statement or representation of fact, knowing it to be false, or knowingly conceals, covers up, or fails to disclose any fact the disclosure of which is required by such title or is necessary to verify, explain, clarify or check for accuracy and completeness any report required by such title to be published or any information required by such title to be certified, shall be fined under this title, or imprisoned not more than five years, or both.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Welfare and Pension Plans Disclosure Act Amendments of 1962

    Pub. L. 87–420 § 17(c) · 76 Stat. 35

    Enacted · 18 U.S.C. § 1027

    Added Pub. L. 87–420, § 17(c), Mar. 20, 1962, 76 Stat. 42

    Source evidence

    Code source credit
    Added Pub. L. 87–420, § 17(c), Mar. 20, 1962, 76 Stat. 42

    Enacted provision · exact public law section
    (c) Chapter 47 of title 18, United States Code, as amended, is amended by adding a new section captioned and reading as follows: “§1027. False statements and concealment of facts in relation to documents required by the Welfare and Pension Plans Disclosure Act “Whoever, in any document required by the Welfare and Pension 72 Stat. 997. 29 USC 301 note. Plans Disclosure Act (as amended from time to time) to be published, or kept as part, of the records of any employee welfare benefit plan or employee pension benefit plan, or certified to the administrator of any such plan, makes any false, statement or representation of fact, knowing it to be false, or knowingly conceals, covers up, or fails to disclose any fact the disclosure of which is required by such Act or is necessary to verify, explain, clarify or check for accuracy and completeness any report required by such Act to be published or any information required by such Act to be certified, shall be fined not more than $10,000, or imprisoned not more than five years, or both.”

  2. Employee Retirement Income Security Act of 1974

    Pub. L. 93–406 § 112(a)(2)(A)(i) · 88 Stat. 829

    1. Substituted · 18 U.S.C. § 1027

      Pub. L. 93–406, § 112(a)(2)(A)(i), (ii), formerly § 111(a)(2)(A)(i), (ii), as renumbered by Pub. L. 117–328, substituted “Employee Retirement Income Security Act of 1974” for “Welfare and Pension Plans Disclosure Act” “Act”, respectively, in text

    2. Substituted · 18 U.S.C. § 1027

      Pub. L. 93–406, § 112(a)(2)(A)(i), (ii), formerly § 111(a)(2)(A)(i), (ii), as renumbered by Pub. L. 117–328, substituted “title” for “the Welfare and Pension Plans Disclosure Act” “Act”, respectively, in text

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 93–406, § 112(a)(2)(A)(i), (ii), formerly § 111(a)(2)(A)(i), (ii), as renumbered by Pub. L. 117–328, substituted “Employee Retirement Income Security Act of 1974” for “Welfare and Pension Plans Disclosure Act” in section catchline, and “title I of the Employee Retirement Income Security Act of 1974” and “title” for “the Welfare and Pension Plans Disclosure Act” and “Act”, respectively, in text.

    Enacted provision · exact public law section
    (A) Section 664 of title 18, United States Code, is amended by striking out “any such plan subject to the provisions of the Welfare and Pension Plans Disclosure Act” and inserting in lieu thereof “any employee benefit plan subject to any provision of title I of the Employee Retirement Income Security Act of 1974”.

  3. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 title XXXIII § 330016(1)(L) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 1027

    Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”

    Source evidence

    Code amendment note
    Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”.

    Enacted provision · exact public law section
    (L) in sections 33, 224, 231, 241, 245, 246, 286, 289, 332, 335, 337, 351, 371, 437, 440, 441, 493, 496, 500, 510, 545, 595, 599, 600, 601, 641, 664, 665, 667, 757, 792, 793, 798, 844, 892, 893, 894, 924, 952, 955, 962, 963, 964, 965, 966, 967, 970, 1001, 1002, 1003, 1019, 1020, 1022, 1023, 1027, 1082, 1084, 1115, 1202, 1361, 1362, 1364, 1365, 1385, 1461, 1462, 1464, 1587, 1623, 1654, 1656, 1735, 1737, 1751, 1902, 1903, 1904, 1910, 1951, 1952, 1953, 1954, 1958, 1992, 2101, 2113, 2153, 2154, 2155, 2156, 2231, 2232, 2271, 2274, 2275, 2314, 2315, 2383, 2386, 2387, 2388, and 2512 by striking “not more than $10,000” each place it appears and inserting “under this title”;

4 of 4 references resolved to an enrolled provision

Editorial Notes

References in Text

The Employee Retirement Income Security Act of 1974, referred to in text, is Pub. L. 93–406, , 88 Stat. 829. Title I of the Employee Retirement Income Security Act of 1974 is classified generally to subchapter I (§ 1001 et seq.) of chapter 18 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables.

Amendments1974–1994 · 2 rounds

1994

Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”.

1974

Pub. L. 93–406, § 112(a)(2)(A)(i), (ii), formerly § 111(a)(2)(A)(i), (ii), as renumbered by Pub. L. 117–328, substituted “Employee Retirement Income Security Act of 1974” for “Welfare and Pension Plans Disclosure Act” in section catchline, and “title I of the Employee Retirement Income Security Act of 1974” and “title” for “the Welfare and Pension Plans Disclosure Act” and “Act”, respectively, in text.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by Pub. L. 117–328 applicable to plan years beginning after , see section 320(c) of Pub. L. 117–328, set out as a note under section 414 of Title 26, Internal Revenue Code.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–406 effective , except as provided in section 1031(b)(2) of Title 29, Labor, see section 1031(b)(1) of Title 29.

Effective Date

Section effective 90 days after , see section 19 of Pub. L. 87–420, set out as a note under section 664 of this title.

Credits

1962–1994 · 3 acts
  1. 1962Added Pub. L. 87–420, § 17(c), , 76 Stat. 42
  2. 1974amended Pub. L. 93–406, title I, § 112(a)(2)(B)(i), (ii), formerly § 111(a)(2)(B)(i), (ii), , 88 Stat. 851, renumbered § 112(a)(2)(B)(i), (ii), Pub. L. 117–328, div. T, title III, § 320(a)(1), , 136 Stat. 5354
  3. 1994Pub. L. 103–322, title XXXIII, § 330016(1)(L), , 108 Stat. 2147.
Show as published

(Added Pub. L. 87–420, § 17(c), , 76 Stat. 42; amended Pub. L. 93–406, title I, § 112(a)(2)(B)(i), (ii), formerly § 111(a)(2)(B)(i), (ii), , 88 Stat. 851, renumbered § 112(a)(2)(B)(i), (ii), Pub. L. 117–328, div. T, title III, § 320(a)(1), , 136 Stat. 5354; Pub. L. 103–322, title XXXIII, § 330016(1)(L), , 108 Stat. 2147.)

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