PRIA, Government Policy, Made Personal

Summary

People must not knowingly lie or make false statements when selling or marketing a multiple employer welfare arrangement (MEWA). The ban covers claims made to employees, union members, beneficiaries, employers, unions, the Secretary, states, or their agents about the plan’s money or solvency, the benefits it gives, whether it is regulated under federal or state labor or union laws, or whether it is exempt from state regulation. It applies only to arrangements that meet the MEWA definition in section 1002(40)(A).

Title 29, §1149

Labor, Source: USLM XML via OLRC

No person, in connection with a plan or other arrangement that is multiple employer welfare arrangement described in section 1002(40) of this title, shall make a false statement or false representation of fact, knowing it to be false, in connection with the marketing or sale of such plan or arrangement, to any employee, any member of an employee organization, any beneficiary, any employer, any employee organization, the Secretary, or any State, or the representative or agent of any such person, State, or the Secretary, concerning—

(1)the financial condition or solvency of such plan or arrangement;

(2)the benefits provided by such plan or arrangement;

(3)the regulatory status of such plan or other arrangement under any Federal or State law governing collective bargaining, labor management relations, or intern union affairs; or

(4)the regulatory status of such plan or other arrangement regarding exemption from state regulatory authority under this chapter.

This section shall not apply to any plan or arrangement that does not fall within the meaning of the term “multiple employer welfare arrangement” under section 1002(40)(A) of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in par. (4), 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.

§1149 Prohibition on False Statements and Representations