Any person who embezzles, steals, or unlawfully and willfully abstracts or converts to his own use or to the use of another, any of the moneys, funds, securities, premiums, credits, property, or other assets of any employee welfare benefit plan or employee pension benefit plan, or of any fund connected therewith, shall be fined under this title, or imprisoned not more than five years, or both.
As used in this section, the term “any employee welfare benefit plan or employee pension benefit plan” means any employee benefit plan subject to any provision of title I of the Employee Retirement Income Security Act of 1974.
Editorial Notes
References in TextThe Employee Retirement Income Security Act of 1974, referred to in text, is [Pub. L. 93–406], Sept. 2, 1974, [88 Stat. 829], as amended. 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.
Amendments1994—[Pub. L. 103–322] substituted “fined under this title” for “fined not more than $10,000”.
1974—[Pub. L. 93–406] substituted “any employee benefit plan subject to any provision of title I of the Employee Retirement Income Security Act of 1974” for “any such plan subject to the provisions of the Welfare and Pension Plans Disclosure Act”.
Statutory Notes and Related Subsidiaries
Effective Date of 1974 AmendmentAmendment by [Pub. L. 93–406] effective Jan. 1, 1975, except as provided in [section 1031(b)(2) of Title 29], Labor, see [section 1031(b)(1) of Title 29].
Effective Date[Pub. L. 87–420, § 19], Mar. 20, 1962, [76 Stat. 43], provided that: “The amendments made by this Act [see Short Title note below] shall take effect ninety days after the enactment of this Act [Mar. 20, 1962], except that section 13 of the Welfare and Pension Plans Disclosure Act [[section 308d of Title 29], Labor] shall take effect one hundred eighty days after such date of enactment.”
Short Title[Pub. L. 87–420, § 1], Mar. 20, 1962, [76 Stat. 35], provided: “That this Act [enacting this section, sections 1027 and 1954 of this title, and sections 308a to 308f of Title 29, Labor, amending sections 302 to 308 and 309 of Title 29, and renumbering sections 10 to 12 of [Pub. L. 85–536], classified to [section 309 of Title 29] and as notes under [section 301 of Title 29]], may be cited as the ‘Welfare and Pension Plans Disclosure Act Amendments of 1962’.”