Coercive interference

  1. Law
  2. USC 29
  3. Labor
  4. EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM
  5. PROTECTION OF EMPLOYEE BENEFIT RIGHTS
  6. administration and enforcement
  7. Coercive interference

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§1141. Coercive interference

It shall be unlawful for any person through the use of fraud, force, violence, or threat of the use of force or violence, to restrain, coerce, intimidate, or attempt to restrain, coerce, or intimidate any participant or beneficiary for the purpose of interfering with or preventing the exercise of any right to which he is or may become entitled under the plan, this subchapter, section 1201 of this title, or the Welfare and Pension Plans Disclosure Act [29 U.S.C. 301 et seq.]. Any person who willfully violates this section shall be fined $100,000 or imprisoned for not more than 10 years, or both.

( Pub. L. 93–406, title I, §511, Sept. 2, 1974, 88 Stat. 895 ; Pub. L. 109–280, title VI, §623(a), Aug. 17, 2006, 120 Stat. 979 .)

References in Text

The Welfare and Pension Plans Disclosure Act, referred to in text, is Pub. L. 85–836, Aug. 28, 1958, 72 Stat. 997 , as amended, which was classified generally to chapter 10 (§301 et seq.) of this title, and was repealed by Pub. L. 93–406, title I, §111(a)(1), Sept. 2, 1974, 88 Stat. 851 (Employee Retirement Income Security Act of 1974), effective Jan. 1, 1975. Such section 111(a)(1) also provided that the Welfare and Pension Plans Disclosure Act should continue to apply to any conduct and events which occurred before Jan. 1, 1975 (see section 1031 of this title). For complete classification of the Welfare and Pension Plans Disclosure Act to the Code prior to such repeal, see Tables.

Amendments

2006-Pub. L. 109–280 substituted "$100,000" for "$10,000" and "10 years" for "one year".

Effective Date of 2006 Amendment

Pub. L. 109–280, title VI, §623(b), Aug. 17, 2006, 120 Stat. 979 , provided that: "The amendments made by this section [amending this section] shall apply to violations occurring on and after the date of the enactment of this Act [Aug. 17, 2006]."

Regulations

Secretary authorized, effective Sept. 2, 1974, to promulgate regulations wherever provisions of this subchapter call for the promulgation of regulations, see section 1031 of this title.


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