Any person who embezzles, steals, or unlawfully and willfully abstracts or converts to his own use or to the use of another, any of the moneys, funds, securities, premiums, credits, property, or other assets of any employee welfare benefit plan or employee pension benefit plan, or of any fund connected therewith, shall be fined under this title, or imprisoned not more than five years, or both.
As used in this section, the term “any employee welfare benefit plan or employee pension benefit plan” means any employee benefit plan subject to any provision of title I of the Employee Retirement Income Security Act of 1974.
Pub. L. 87–420, § 17(a)76 Stat. 41Pub. L. 93–406, title I, § 112(a)(2)(A)88 Stat. 851Pub. L. 117–328, div. T, title III, § 320(a)(1)136 Stat. 5354Pub. L. 103–322, title XXXIII, § 330016(1)(L)108 Stat. 2147(Added , , ; amended , formerly § 111(a)(2)(A), , , renumbered § 112(a)(2)(A), , , ; , , .)
Editorial Notes
References in Text
Pub. L. 93–40688 Stat. 829section 1001 of Title 29The Employee Retirement Income Security Act of 1974, referred to in text, is , , . Title I of the Employee Retirement Income Security Act of 1974 is classified generally to subchapter I (§ 1001 et seq.) of chapter 18 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 103–3221994— substituted “fined under this title” for “fined not more than $10,000”.
Pub. L. 93–406, § 112(a)(2)(A)Pub. L. 117–3281974—, formerly § 111(a)(2)(A), as renumbered by , substituted “any employee benefit plan subject to any provision of title I of the Employee Retirement Income Security Act of 1974” for “any such plan subject to the provisions of the Welfare and Pension Plans Disclosure Act”.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Pub. L. 117–328section 320(c) of Pub. L. 117–328section 414 of Title 26Amendment by applicable to plan years beginning after , see , set out as a note under , Internal Revenue Code.
Effective Date of 1974 Amendment
Pub. L. 93–406section 1031(b)(2) of Title 29section 1031(b)(1) of Title 29Amendment by effective , except as provided in , Labor, see .
Effective Date
Pub. L. 87–420, § 1976 Stat. 43
Short Title
Pub. L. 87–420, § 176 Stat. 35