Labor - 29 USC Section 1051

01/19/04

Sec. 1051. Coverage

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.

AMENDMENTS
1989 - Pars. (3)(A), (4), (5). Pub. L. 101-239, Sec. 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, Sec. 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, Sec. 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, Sec. 7894(c)(1)(A)(i), struck out "or" after
semicolon at end.
Par. (7). Pub. L. 101-239, Sec. 7894(c)(1)(A)(ii), substituted
"plan; or" for "plan."
Par. (8). Pub. L. 101-239, Sec. 7894(c)(1)(A)(iii), substituted
"any plan" for "Any plan".
1980 - Par. (8). Pub. L. 96-364 added par. (8).
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment 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.
Section 7894(c)(1)(B) of Pub. L. 101-239 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]."
Section 7894(c)(11)(B) of Pub. L. 101-239 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 AMENDMENT
Amendment by Pub. L. 96-364 effective Sept. 26, 1980, except as
specifically provided, see section 1461(e) of this title.

Last modified: April 16, 2006