29 U.S.C. § 1031

Repeal and effective date

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(a)(1) The Welfare and Pension Plans Disclosure Act [29 U.S.C. 301 et seq.] is repealed except that such Act shall continue to apply to any conduct and events which occurred before the effective date of this part.(2)(A)Section 664 of title 18 is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 provisions of title I of the Employee Retirement Income Security Act of 1974”.(B)(i) Section 1027 of such title 18 is amended by striking out “Welfare and Pension Plans Disclosure Act” and inserting in lieu thereof “title I of the Employee Retirement Income Security Act of 1974”, and by striking out “Act” each place it appears and inserting in lieu thereof “title”.(ii) The heading for such section is amended by striking out “welfare and pension plans disclosure act” and inserting in lieu thereof “employee retirement income security act of 1974”.(iii) The table of sections of chapter 47 of such title 18 is amended by striking out “Welfare and Pension Plans Disclosure Act” in the item relating to section 1027 and inserting in lieu thereof “Employee Retirement Income Security Act of 1974”.(C) Section 1954 of such title 18 is amended by striking out “any plan subject to the provisions of the Welfare and Pension Plans Disclosure Act as amended” and inserting in lieu thereof “any employee welfare benefit plan or employee pension benefit plan, respectively, subject to any provision of title I of the Employee Retirement Income Security Act of 1974”; and by striking out “sections 3(3) and 5(b)(1) and (2) of the Welfare and Pension Plans Disclosure Act, as amended” and inserting in lieu thereof “sections 3(4) and (3)(16) 11 So in original. Probably should be “3(16)”. of the Employee Retirement Income Security Act of 1974”.(D) Section 211 of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 441) is amended by striking out “Welfare and Pension Plans Disclosure Act” and inserting in lieu thereof “Employee Retirement Income Security Act of 1974”.(b)(1) Except as provided in paragraph (2), this part (including the amendments and repeals made by subsection (a)) shall take effect on January 1, 1975.(2) In the case of a plan which has a plan year which begins before January 1, 1975, and ends after December 31, 1974, the Secretary may postpone by regulation the effective date of the repeal of any provision of the Welfare and Pension Plans Disclosure Act (and of any amendment made by subsection (a)(2)) and the effective date of any provision of this part, until the beginning of the first plan year of such plan which begins after January 1, 1975.(c) The provisions of this subchapter authorizing the Secretary to promulgate regulations shall take effect on September 2, 1974.(d) Subsections (b) and (c) shall not apply with respect to amendments made to this part in provisions enacted after September 2, 1974.(Pub. L. 93–406, title I, § 112, formerly § 111, Sept. 2, 1974, 88 Stat. 851; Pub. L. 101–239, title VII, § 7894(h)(1), Dec. 19, 1989, 103 Stat. 2451; renumbered § 112, Pub. L. 117–328, div. T, title III, § 320(a)(1), Dec. 29, 2022, 136 Stat. 5354.)Editorial NotesReferences in Text

The Welfare and Pension Plans Disclosure Act, referred to in subsecs. (a) and (b)(2), is Pub. L. 85–836, Aug. 28, 1958, 72 Stat. 997, which was classified generally to chapter 10 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 301 of this title and Tables.

Title I of the Employee Retirement Income Security Act of 1974, referred to in subsec. (a)(2)(A) to (C), means title I of Pub. L. 93–406, which enacted this subchapter, amended section 441 of this title, section 5108 of Title 5, Government Organization and Employees, and sections 664, 1027, and 1954 of Title 18, Crimes and Criminal Procedure, and repealed sections 301 to 309 of this title.

The Employee Retirement Income Security Act of 1974, referred to in subsec. (a)(2)(B)(ii), (iii), (D), is Pub. L. 93–406, Sept. 2, 1974, 88 Stat. 829. 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.

Amendments

1989—Subsec. (d). Pub. L. 101–239 added subsec. (d).

Statutory Notes and Related SubsidiariesEffective Date of 2022 Amendment

Amendment by Pub. L. 117–328 applicable to plan years beginning after Dec. 31, 2022, 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 1989 Amendment

Amendment by Pub. L. 101–239 effective, except as otherwise provided, as if originally included in the provision of the Employee Retirement Income Security Act of 1974, Pub. L. 93–406, to which such amendment relates, see section 7894(i) of Pub. L. 101–239, set out as a note under section 1002 of this title.

Notes of Decisions

Cited in 40 cases, 1975–2005 · leading case: Malone v. White Motor Corp., 435 U.S. 497 (1978).

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Malone v. White Motor Corp., 435 U.S. 497 (1978). · cites it 2× “29 U. S. C. § 1031 (a) (1970 ed., Supp. V).”

United States v. Bernard Tolkow, 532 F.2d 853 (2d Cir. 1976). · cites it 2× “This Act was completely superseded by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1031 effective January 1, 1975, and § 1027 was correspondingly amended.”

J. P. Murphy v. Inexco Oil Co., J. P. Murphy v. Inexco Oil Co., 611 F.2d 570 (5th Cir. 1980). “29 U.S.C. § 1031 . 6 . In his complaint, Murphy alleges defendants violated the Welfare and Pension Plans Disclosure Act as well as ERISA.”

Rose Gordon, as Adm'x of the Est. of Angelina Miller v. Ilwu-Pma Benefit Funds, 616 F.2d 433 (9th Cir. 1980). “See 29 U.S.C. §§ 1031 , 1114, 1144; Cowan v. Keystone Emp.”

United States v. Robert Andreen, 628 F.2d 1236 (9th Cir. 1980). “29 U.S.C. § 1031 (a)(1). 5 . Appellants Felix, Ford, Little, Thompson, Armstrong, S.”

United States v. Dominick Santiago, 528 F.2d 1130 (2d Cir. 1976). “29 U.S.C. § 1031 (a)(1). 2 . 29 U.S.C. § 302 (a)(1) provided as follows: The term “employee welfare benefit plan” means any plan, fund, or program which is communicated or its benefits described in writing to the employees, and which was heretofore or is hereafter established by…”

Kenneth J. Cowan v. Keystone Emp. Profit Sharing Fund, 586 F.2d 888 (1st Cir. 1978). “, 29 U.S.C. §§ 1031 (b), 1061,1086, 1114. Claims could not “arise under” those sections before that date.”

George Haeberle v. Bd. of Trs. of Buffalo Carpenters Health-Care, Dental, Pension Andsupplemental Funds, 624 F.2d 1132 (2d Cir. 1980). “Although compliance is required by January 1,1975, 29 U.S.C. § 1031 , a plan administrator may defer compliance until after IRS approval, provided that an ERISA notice is furnished to plan participants prior to May 30, 1976.”

Luis M. De La Rosa Sanchez v. E. Airlines, Inc., 574 F.2d 29 (1st Cir. 1978). “ERISA specifically provides: Nothing in this title shall be construed to alter, amend, modify, invalidate, impair, or supersede any law of the United States (except as provided in sections 111 [ 29 U.S.C. § 1031 ] and 507(b)) [ 29 U.S.C.”

United States v. S & Vee Cartage Co., Inc., Silverio Vitello AKA Sal Vitello, & Anna Vitello, 704 F.2d 914 (6th Cir. 1983). “was enacted to supersede the W.P.P.D.A. Section 1027 was amended so as to refer to E.”

Michael Kolentus v. Avco Corp. & Avco Precision Prods. Div., Avco Corp., & Chem. Bank, 798 F.2d 949 (7th Cir. 1986). “The WPPDA was repealed by section 111 of ERISA, 29 U.S.C. § 1031 , and replaced by ERISA’s stronger disclosure provisions, 29 U.”

Feinstein v. Lewis, 477 F. Supp. 1256 (S.D.N.Y. 1979). “, repealed, ERI-SA § 111, 29 U.S.C. § 1031 , certain provisions of the Labor Management Relations Act, 29 U.”

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