§ 1137. Administration

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. 1974

   Employee Retirement Income Security Act of 1974

   Pub. L. 93–406 title I § 507 · 88 Stat. 829

   Enacted · 29 U.S.C. § 1137

   Pub. L. 93–406, title I, § 507, Sept. 2, 1974, 88 Stat. 894

   Source evidence

   Code source credit
   Pub. L. 93–406, title I, § 507, Sept. 2, 1974, 88 Stat. 894

   Enacted provision · exact public law section
   Sec. 507. administration (a) Subchapter II of chapter 5, and chapter 7, of title 5, 29 USC 1137. 5 USC 551, 701. United States Code (relating to administrative procedure), shall be applicable to this title. (b) Section 5108 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: “(f) In addition to the number of positions authorized by subsection (a), the Secretary of Labor is authorized, without regard to any other provision of this section, to place 1 position in the Department of Labor in grade GS–18, and a total of 20 positions in the Department of Labor in grades GS–16 and 17.” (c) No employee of the Department of Labor or the Department of the Treasury shall administer or enforce this title or the Internal Revenue Code of 1954 with respect to any employee benefit plan under 26 USC 1 et seq. which he is a participant or beneficiary, any employee organization of which he is a member, or any employer organization in which he has an interest. This subsection does not apply to an employee benefit plan which covers only employees of the United States.

2. 1989

   Revenue Reconciliation Act of 1989

   Pub. L. 101–239 title VII § 7891(a) · 103 Stat. 2106

   Substituted · 29 U.S.C. § 1137(c)

   Pub. L. 101–239 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–239 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

   Enacted provision · exact public law section
   (a) Amendments Related to Section 2.— (1) Titles I, III, and IV of ERISA (other than sections 3(37)(E), 29 USC 1001 et seq. 301(a)(7), and 308, the last sentence of section 408(d), and sections 414(c), 4001(a)(3)(ii), and 4303) are each amended by striking “Internal Revenue Code of 1954” each place it appears and inserting “Internal Revenue Code of 1986”. (2) The last sentence of section 408(d) of ERISA (as amended 29 USC 1108. by section 7894(e)(4)(A)(i)) is further amended— (A) by striking “section 408 of the Internal Revenue Code of 1954” and inserting “section 408 of the Internal Revenue Code of 1986”; and (B) by striking “section 408(c) of such Code” and inserting “section 408(c) of the Internal Revenue Code of 1986”.

   Effective date note
   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.

2 of 2 references resolved to an enrolled provision