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Title 29 — LaborRelease 119-73

§1051 Coverage

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 2— - participation and vesting › § 1051

Last updated Apr 6, 2026|Official source

Summary

The rules apply to employee benefit plans that section 1003(a) describes and that are not exempt under section 1003(b). They do not cover eight specific kinds of plans. These are: plans that only pay welfare-type benefits for workers; unfunded plans set up mainly to give deferred pay to a select group of managers or very highly paid workers; plans or trusts run by certain member organizations if no employer puts in money; union plans that have not had employer contributions after September 2, 1974; agreements that pay a retired partner or a deceased partner’s successor as described in section 736 of title 26; individual retirement accounts or annuities under section 408 of title 26 and retirement bonds under section 409 of title 26 issued before January 1, 1984; plans that pay excess benefits beyond a main plan; and unfunded promises by an employer owned by employees to pay retirees for benefits they lost under a former employer’s pension plan before that pension became covered by this chapter.

Full Legal Text

Title 29, §1051

Labor — Source: USLM XML via OLRC

This part shall apply to any employee benefit plan described in section 1003(a) of this title (and not exempted under section 1003(b) of this title) other than—
(1)an employee welfare benefit plan;
(2)a plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees;
(3)(A)a plan established and maintained by a society, order, or association described in section 501(c)(8) or (9) of title 26, if no part of the contributions to or under such plan are made by employers of participants in such plan, or
(B)a trust described in section 501(c)(18) of title 26;
(4)a plan which is established and maintained by a labor organization described in section 501(c)(5) of title 26 and which does not at any time after September 2, 1974, provide for employer contributions;
(5)any agreement providing payments to a retired partner or a deceased partner’s successor in interest, as described in section 736 of title 26;
(6)an individual retirement account or annuity described in section 408 of title 26, or a retirement bond described in section 409 of title 26 (as effective for obligations issued before January 1, 1984);
(7)an excess benefit plan; or
(8)any plan, fund or program under which an employer, all of whose stock is directly or indirectly owned by employees, former employees or their beneficiaries, proposes through an unfunded arrangement to compensate retired employees for benefits which were forfeited by such employees under a pension plan maintained by a former employer prior to the date such pension plan became subject to this chapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 409 of title 26, referred to in par. (6), means section 409 of Title 26, Internal Revenue Code, prior to its repeal by Pub. L. 98–369, div. A, title IV, § 491(b), July 18, 1984, 98 Stat. 848, applicable to obligations issued after Dec. 31, 1983. This chapter, referred to in par. (8), 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.

Amendments

1989—Pars. (3)(A), (4), (5). Pub. L. 101–239, § 7891(a)(1), 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. Par. (6). Pub. L. 101–239, § 7891(a)(1), substituted “section 408 of the Internal Revenue Code of 1986” for “section 408 of the Internal Revenue Code of 1954”, which for purposes of codification was translated as “section 408 of title 26” thus requiring no change in text. Pub. L. 101–239, § 7894(c)(11)(A), substituted “section 409 of title 26 (as effective for obligations issued before January 1, 1984)” for “section 409 of title 26”. Pub. L. 101–239, § 7894(c)(1)(A)(i), struck out “or” after semicolon at end. Par. (7). Pub. L. 101–239, § 7894(c)(1)(A)(ii), substituted “plan; or” for “plan.” Par. (8). Pub. L. 101–239, § 7894(c)(1)(A)(iii), substituted “any plan” for “Any plan”. 1980—Par. (8). Pub. L. 96–364 added par. (8).

Statutory Notes and Related Subsidiaries

Effective Date

of 1989 AmendmentAmendment by section 7891(a)(1) of 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. Pub. L. 101–239, title VII, § 7894(c)(1)(B), Dec. 19, 1989, 103 Stat. 2449, provided that: “The

Amendments

made by subparagraph (A) [amending this section] shall take effect as if included in section 411 of the Multiemployer Pension Plan

Amendments

Act of 1980 [Pub. L. 96–364].” Pub. L. 101–239, title VII, § 7894(c)(11)(B), Dec. 19, 1989, 103 Stat. 2449, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect as if originally included in section 491(b) of Public Law 98–369.”

Effective Date

of 1980 AmendmentAmendment by Pub. L. 96–364 effective Sept. 26, 1980, except as specifically provided, see section 1461(e) of this title.

Reference

Citations & Metadata

Citation

29 U.S.C. § 1051

Title 29 — Labor

Last Updated

Apr 6, 2026

Release point: 119-73