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Title 29 — LaborRelease 119-73

§1137 Administration

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 › § 1137

Last updated Apr 6, 2026|Official source

Summary

Certain federal administrative procedure rules found in parts of title 5 must be followed for how this subchapter is handled. Employees of the Department of Labor or the Department of the Treasury cannot run or enforce these rules or the rules in title 26 when the matter involves a benefit plan they are in, an employee group they belong to, or an employer group they have an interest in. That restriction does not apply to plans that cover only U.S. government employees.

Full Legal Text

Title 29, §1137

Labor — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification 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 Subsidiaries

Effective Date

of 1989 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

29 U.S.C. § 1137

Title 29 — Labor

Last Updated

Apr 6, 2026

Release point: 119-73