U.S. Code » Title 29 » Chapter CHAPTER 18— EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER I— PROTECTION OF EMPLOYEE BENEFIT RIGHTS › Subtitle Subtitle B— Regulatory Provisions › Part part 5— administration and enforcement

29 U.S.C. § 1137

Administration

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(a) Subchapter II of chapter 5, and chapter 7, of title 5 (relating to administrative procedure), shall be applicable to this subchapter.(b) Omitted.(c) No employee of the Department of Labor or the Department of the Treasury shall administer or enforce this subchapter or title 26 with respect to any employee benefit plan under 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.(Pub. L. 93–406, title I, § 507, Sept. 2, 1974, 88 Stat. 894; Pub. L. 101–239, title VII, § 7891(a), Dec. 19, 1989, 103 Stat. 2445.)Editorial NotesCodification

Subsec. (b) of this section amended section 5108 of Title 5, Government Organization and Employees.

Amendments

1989—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.

Statutory Notes and Related SubsidiariesEffective Date of 1989 Amendment

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.

Regulations

Secretary authorized, effective Sept. 2, 1974, to promulgate regulations wherever provisions of this subchapter call for the promulgation of regulations, see section 1031 of this title.

Notes of Decisions
Cited in 7 cases, 1978–2016 · leading case: Robert a Bussian James J Keating v. Rjr Nabisco Inc., 223 F.3d 286 (5th Cir. 2000).
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Robert a Bussian James J Keating v. Rjr Nabisco Inc., 223 F.3d 286 (5th Cir. 2000). “Under 29 U.S.C. § 1137 , the rulemaking provisions of the Administrative Procedure Act are applicable to Title I of ERISA.”
Luis M. De La Rosa Sanchez v. E. Airlines, Inc., 574 F.2d 29 (1st Cir. 1978). “§ 1031 ] and 507(b)) [ 29 U.S.C. § 1137 (b)] or any rule or regulation issued under any such law.”
Int'l Union of Bricklayers & Allied Craftsmen Local 1 of Rhode Island v. Menard & Co. Masonry Bldg. Contractors, 619 F. Supp. 1457 (D.R.I. 1985). “29 U.S.C. § 1137 (e) (interdicting certain conflicts of interest).”
Cutaiar v. Marshall, 590 F.2d 523 (3rd Cir. 1979). “§ 704 , made applicable by 29 U.S.C. § 1137 (a). Title 5 U.S.C. § 704 provides: Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review.”
Gouveia v. Pulley (In Re Pulley), 111 B.R. 715 (Bankr. N.D. Ind. 1989). “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 USC § 1031] and 507(b) [ 29 USC § 1137 (b)]) or any rule or regulation issued under any such law.”
Saunders v. Davis (D.D.C. 2016). · cites it 3× “Saunders’s citation to “ERISA § 507” is a reference to 29 U.S.C. § 1137 (a). The relevant portion of that statute states, “Subchapter II of chapter 5, and chapter 7, of Title 5 (relating to administrative procedure), shall be applicable to this subchapter.”
Bussian v. RJR Nabisco Inc (5th Cir. 2000). “Under 29 U.S.C. § 1137 , the rulemaking provisions of the Administrative Procedure Act are applicable to Title I of ERISA.”
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