Title 29 — Labor
Part 5 · Chapter 18 — Employee Retirement Income Security Program
§ 1142. Advisory Council on Employee Welfare and Pension Benefit Plans
Statutory text
Establishment; membership; terms; appointment and reappointment; vacancies; quorum
There is hereby established an Advisory Council on Employee Welfare and Pension Benefit 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.
Members shall be persons qualified to appraise the programs instituted under this chapter.
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 representatives of employers (at least one of whom shall be representative of employers maintaining or contributing to multi-employer plans); three representatives shall be appointed from the general public, one of whom shall be a person representing those receiving benefits from a pension plan; and there shall be one representative each from the fields of insurance, corporate trust, actuarial counseling, investment counseling, investment management, and the accounting field.
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 appointed 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.
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 submit to the Secretary recommendations with respect thereto. The Council shall meet at least four times each year and at such other times as the Secretary requests. In his annual report submitted pursuant to section 1143(b) 1 of this title, the Secretary shall include each recommendation which he has received from the Council during the preceding calendar year.
Executive secretary; secretarial and clerical services
The Secretary shall furnish to the Council an executive secretary and such secretarial, clerical, and other services as are deemed necessary to conduct its business. The Secretary may call upon other agencies of the Government for statistical data, reports, and other information which will assist the Council in the performance of its duties.
Compensation
Members of the Council shall each be entitled to receive the daily equivalent of the annual 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.
While away from their homes or regular places of business in the performance of services for Council,2 members of the Council shall be allowed 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
Termination
Section 1013(a) of title 5 (relating to termination) shall not apply to the Council.
Footnotes
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.
Employee Retirement Income Security Act of 1974
Pub. L. 93–406 title I § 512 · 88 Stat. 829
Enacted · 29 U.S.C. § 1142
Pub. L. 93–406, title I, § 512, Sept. 2, 1974, 88 Stat. 895
Source evidence
Code source credit
Pub. L. 93–406, title I, § 512, Sept. 2, 1974, 88 Stat. 895Enacted provision · exact public law section
Sec. 512. advisory council (a) (1) There is hereby established an Advisory Council Advisory Council on Employee Welfare and Pension Benefit Plans. Establishment. 29 USC 1142. on Employee Welfare and Pension Benefit 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 appraise the programs Membership. instituted under this Act. (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 representatives of employers (at least one of whom shall be representative of employers maintaining or contributing to multiemployer plans); three representatives shall be appointed from the general public, one of whom shall be a person representing those receiving benefits from a pension plan; and there shall be one representative each from the fields of insurance, corporate trust, actuarial counseling, investment counseling, investment management, and the accounting field. (4) Members shall serve for terms of three years except that of those Terms. 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 appointed 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) It shall be the duty of the Council to advise the Secretary with Duties. respect to the carrying out of his functions under this Act and to submit to the Secretary recommendations with respect thereto. The Council shall meet at least four times each year and at such other times as the Secretary requests. In his annual report submitted pursuant to section 513(b), the Secretary shall include each recommendation which he has received from the Council during the preceding calendar year. (c) The Secretary shall furnish to the Council an executive secretary and such secretarial, clerical, and other services as are deemed necessary to conduct its business. The Secretary may call upon other agencies of the Government for statistical data, reports, and other information which will assist the Council in the performance of its duties. (d) (1) Members of the Council shall each be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule for each day (including travel time) 5 USC 5332 and note. 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 Travel expenses. the performance of services for Council, members of the Council shall be allowed 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 of the United States Code. (e) Section 14(a) of the Federal Advisory Committee Act (relating 5 USC app. 14. to termination) shall not apply to the Council.Pub. L. 117–286 § 4(a)(189) · 136 Stat. 4196
Substituted · 29 U.S.C. § 1142(e)
Pub. L. 117–286 substituted “Section 1013(a) of title 5 (relating to termination)” for “Section 14(a) of the Federal Advisory Committee Act (relating to termination)”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 117–286 substituted “Section 1013(a) of title 5 (relating to termination)” for “Section 14(a) of the Federal Advisory Committee Act (relating to termination)”.Enacted provision · exact public law section
(189) Section 512(e) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1142(e)) is amended by striking “Section 14(a) of the Federal Advisory Committee Act (relating to termination)” and inserting “Section 1013(a) of title 5, United States Code (relating to termination),”.
2 of 2 references resolved to an enrolled provision
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 as the Employee 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.
Section 1143(b) of this title, referred to in subsec. (b), was omitted from the Code.
Section 5703 of title 5, referred to in subsec. (d)(2), was amended generally by Pub. L. 94–22, § 4, , 89 Stat. 85, and, as so amended, does not contain a subsec. (b).
Amendments
2022—Subsec. (e). Pub. L. 117–286 substituted “Section 1013(a) of title 5 (relating to termination)” for “Section 14(a) of the Federal Advisory Committee Act (relating to termination)”.
Statutory Notes and Related Subsidiaries
Regulations
Secretary authorized, effective , to promulgate regulations wherever provisions of this subchapter call for the promulgation of regulations, see section 1031 of this title.
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
Credits
1974–2022 · 2 acts
- 1974Pub. L. 93–406, title I, § 512, , 88 Stat. 895
- 2022Pub. L. 117–286, § 4(a)(189), , 136 Stat. 4326.
Show as published
(Pub. L. 93–406, title I, § 512, , 88 Stat. 895; Pub. L. 117–286, § 4(a)(189), , 136 Stat. 4326.)