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ERISA in the United States Code
When the Employee Retirement Income Security Act
("ERISA" or "the Act") became law in 1974, it was codified
as part of Title 29 of the United States Code. By that time
Title 29 already contained the codified version of many
other labor laws. (Title 29 section 1 was already "taken,"
for example.) So the Title 29 section numbers assigned to
the provisions of ERISA do not line up with the section
numbering in the original Act.
For example, the fiduciary duty provisions of ERISA
section 404 are found in Title 29 section 1104.
(Unfortunately the mismatch cannot be translated by simply
adding 700 to the ERISA section number, though that's true
for the fiduciary duty provisions.)
The following table shows the ERISA sections and their
corresponding Title 29 section numbers.
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TITLE 29 - LABOR (Current through Pub. L. 112-90, Jan. 3, 2012; source: Cornell Law School Legal Information Institute)
CHAPTER 18 - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM
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| SUBCHAPTER I -
PROTECTION OF EMPLOYEE BENEFIT RIGHTS
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| SUBTITLE A - GENERAL
PROVISIONS
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ERISA 301
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29 USC 1081
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Coverage. |
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ERISA 302
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29 USC 1082
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Minimum funding standards. |
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ERISA 303
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29 USC 1083
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Minimum funding standards for single-employer
defined benefit pension plans.
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ERISA 304
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29 USC 1084
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Minimum funding standards for multiemployer
plans.
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ERISA 305
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29 USC 1085
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Additional funding rules for multiemployer plans
in endangered status or critical status.
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ERISA 306
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29 USC 1085a
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Repealed. Pub. L. 109-280, Title I, § 101(a),
Aug. 17, 2006, 120 Stat. 784.
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| ERISA 307 |
29 USC 1085b |
Repealed. Pub. L. 109-280, Title I, § 101(a), Aug. 17, 2006, 120 Stat. 784. |
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ERISA 308
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29 USC 1086
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Repealed. Pub. L. 109-280, Title I, § 101(a), Aug. 17, 2006, 120 Stat. 784. |
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| PART 4 - FIDUCIARY
RESPONSIBILITY
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ERISA 701
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29 USC 1181
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Increased portability through limitation on
preexisting condition exclusions.
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ERISA 702
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29 USC 1182
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Prohibiting discrimination against individual
participants and beneficiaries based on health
status.
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ERISA 703
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29 USC 1183
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Guaranteed renewability in multiemployer plans
and multiple employer welfare arrangements.
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| SUBPART B - OTHER
REQUIREMENTS
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ERISA 3001
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29 USC 1201
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Procedures in connection with the issuance of
certain determination letters by the Secretary of the
Treasury covering qualifications under Internal Revenue
Code.
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ERISA 3002
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29 USC 1202
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Procedures with respect to continued compliance
with Internal Revenue requirements relating to
participation, vesting, and funding standards.
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| [Not part of ERISA] |
29 USC 1202a
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Employee plans compliance resolution system. |
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ERISA 3003
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29 USC 1203
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Procedures in connection with prohibited
transactions.
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ERISA 3004
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29 USC 1204
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Coordination between the Department of the
Treasury and the Department of Labor.
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| SUBTITLE B - JOINT
PENSION, PROFIT-SHARING, AND EMPLOYEE STOCK OWNERSHIP
PLAN TASK FORCE; STUDIES
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| PART 1 - JOINT
PENSION, PROFIT-SHARING, AND EMPLOYEE STOCK OWNERSHIP
PLAN TASK FORCE
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ERISA 3021
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29 USC 1221
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Establishment. |
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ERISA 3022
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29 USC 1222
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Duties. |
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| PART 2 - OTHER
STUDIES
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ERISA 3031
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29 USC 1231
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Congressional study. |
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ERISA 3032
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29 USC 1232
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Protection for employees under Federal
procurement, construction, and research contracts and
grants.
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| SUBTITLE C -
ENROLLMENT OF ACTUARIES
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ERISA 3041
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29 USC 1241
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Joint Board for the Enrollment of
Actuaries.
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ERISA 3042
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29 USC 1242
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Enrollment by Board; standards and
qualifications; suspension or termination of
enrollment.
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SUBCHAPTER III - PLAN
TERMINATION INSURANCE
SUBTITLE A - PENSION BENEFIT GUARANTY
CORPORATION
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