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29 U.S.C. § 1103

Establishment of trust

United States · Title 29 — LABOR · Status: effective

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29 U.S.C. § 1103, Establishment of trust, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/466155
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Full text

Except as provided in subsection (b), all assets of an employee benefit plan shall be held in trust by one or more trustees. Such trustee or trustees shall be either named in the trust instrument or in the plan instrument described in section 1102(a) of this title or appointed by a person who is a named fiduciary, and upon acceptance of being named or appointed, the trustee or trustees shall have exclusive authority and discretion to manage and control the assets of the plan, except to the extent that— The requirements of subsection (a) of this section shall not apply— to a plan— to a plan which the Secretary exempts from the requirement of subsection (a) and which is not subject to any of the following provisions of this chapter— In the case of a contribution, or a payment of withdrawal liability under part 1 of subtitle E of subchapter III—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 93-406(H.R. 2)1974-09-02
    Employee Retirement Income Security Act of 1974
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 96-364(H.R. 3904)1980-09-26
    An act to amend the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1954 to improve retirement income security under private multiemployer pension plans by strengthening the funding requirements for those plans, to authorize plan preservation measures for financially troubled multiemployer pension plans, and to revise the manner in which the pension plan termination insurance provisions apply to multiemployer plans, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-203(H.R. 3545)1987-12-22
    Omnibus Budget Reconciliation Act of 1987
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-239(H.R. 3299)1989-12-19
    Omnibus Budget Reconciliation Act of 1989
    House: no recorded tallySenate: 87–7
  • Amended byPub. L. 101-508(H.R. 5835)1990-11-05
    Omnibus Budget Reconciliation Act of 1990
  • Amended byPub. L. 103-465(H.R. 5110)1994-12-08
    Uruguay Round Agreements Act
  • Amended byPub. L. 106-170(H.R. 1180)1999-12-17
    Ticket to Work and Work Incentives Improvement Act of 1999
  • Amended byPub. L. 108-218(H.R. 3108)2004-04-10
    Pension Funding Equity Act of 2004
  • Amended byPub. L. 108-357(H.R. 4520)2004-10-22
    American Jobs Creation Act of 2004
  • Amended byPub. L. 109-280(H.R. 4)2006-08-17
    Pension Protection Act of 2006
  • Amended byPub. L. 111-192(H.R. 3962)2010-06-25
    Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010
    House: 417–1Senate: no recorded tally
  • Amended byPub. L. 112-141(H.R. 4348)2012-07-06
    MAP-21
  • Amended byPub. L. 114-41(H.R. 3236)2015-07-31
    Surface Transportation and Veterans Health Care Choice Improvement Act of 2015
  • Amended byPub. L. 117-328(H.R. 2617)2022-12-29
    Consolidated Appropriations Act, 2023
    House: 225–201Senate: no recorded tally