Title 18Crimes and Criminal ProcedureRelease 119-73

§664 Theft or embezzlement from employee benefit plan

Title 18 › Part PART I— - CRIMES › Chapter CHAPTER 31— - EMBEZZLEMENT AND THEFT › § 664

Last updated Apr 6, 2026|Official source

Summary

Stealing or embezzling money, property, or other assets from employee welfare or pension plans covered by Title I of ERISA (Employee Retirement Income Security Act of 1974) is a federal crime; offenders may be fined, jailed up to five years, or both.

Full Legal Text

Title 18, §664

Crimes and Criminal Procedure — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Employee Retirement Income Security Act of 1974, referred to in text, is Pub. L. 93–406, Sept. 2, 1974, 88 Stat. 829. 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.

Amendments

1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”. 1974—Pub. L. 93–406, § 112(a)(2)(A), formerly § 111(a)(2)(A), as renumbered by Pub. L. 117–328, 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 2022 AmendmentAmendment 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 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, section 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’.”

Reference

Citations & Metadata

Citation

18 U.S.C. § 664

Title 18Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73