§1149 — Title 29 Labor | U.S. Code

Summary

People must not knowingly say something false when selling or marketing a multiple employer welfare arrangement (as defined in section 1002(40)). The ban applies to statements made to employees, union members, beneficiaries, employers, employee organizations, the Secretary, any State, or their agents. It covers lies about the plan’s financial condition or solvency, the benefits it offers, its regulatory status under federal or state laws about collective bargaining, labor-management or union affairs, and whether it is exempt from state regulation under this chapter.

Title 29, §1149

Labor — Source: USLM XML via OLRC

No person, in connection with a plan or other arrangement that is 11 So in original. Probably should be followed by “a”. 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 22 So in original. Probably should be capitalized. regulatory authority under this chapter.

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