29 U.S.C. § 1105

Liability for breach of co-fiduciary

United States · Title 29 — LABOR · Status: effective

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Citation: 29 U.S.C. § 1105, Liability for breach of co-fiduciary, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/466157
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Full text

In addition to any liability which he may have under any other provisions of this part, a fiduciary with respect to a plan shall be liable for a breach of fiduciary responsibility of another fiduciary with respect to the same plan in the following circumstances: Except as otherwise provided in subsection (d) and in section 1103(a)(1) and (2) of this title, if the assets of a plan are held by two or more trustees— If a plan expressly provides for a procedure described in paragraph (1), and pursuant to such procedure any fiduciary responsibility of a named fiduciary is allocated to any person, or a person is designated to carry out any such responsibility, then such named fiduciary shall not be liable for an act or omission of such person in carrying out such responsibility except to the extent that— the named fiduciary violated section 1104(a)(1) of this title—

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