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CITE

    18 USC Sec. 1954                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 95 - RACKETEERING

HEAD

    Sec. 1954. Offer, acceptance, or solicitation to influence
      operations of employee benefit plan

STATUTE

      Whoever being -
        (1) an administrator, officer, trustee, custodian, counsel,
      agent, or employee of any employee welfare benefit plan or
      employee pension benefit plan; or
        (2) an officer, counsel, agent, or employee of an employer or
      an employer any of whose employees are covered by such plan; or
        (3) an officer, counsel, agent, or employee of an employee
      organization any of whose members are covered by such plan; or
        (4) a person who, or an officer, counsel, agent, or employee of
      an organization which, provides benefit plan services to such
      plan
    receives or agrees to receive or solicits any fee, kickback,
    commission, gift, loan, money, or thing of value because of or with
    intent to be influenced with respect to, any of the actions,
    decisions, or other duties relating to any question or matter
    concerning such plan or any person who directly or indirectly gives
    or offers, or promises to give or offer, any fee, kickback,
    commission, gift, loan, money, or thing of value prohibited by this
    section, shall be fined under this title or imprisoned not more
    than three years, or both: Provided, That this section shall not
    prohibit the payment to or acceptance by any person of bona fide
    salary, compensation, or other payments made for goods or
    facilities actually furnished or for services actually performed in
    the regular course of his duties as such person, administrator,
    officer, trustee, custodian, counsel, agent, or employee of such
    plan, employer, employee organization, or organization providing
    benefit plan services to such plan.
      As used in this section, the term (a) "any employee welfare
    benefit plan" or "employee pension benefit plan" means any employee
    welfare benefit plan or employee pension benefit plan,
    respectively, subject to any provision of title I of the Employee
    Retirement Income Security Act of 1974, and (b) "employee
    organization" and "administrator" as defined respectively in
    sections 3(4) and (3)(16) of the Employee Retirement Income
    Security Act of 1974.

SOURCE

    (Added Pub. L. 87-420, Sec. 17(e), Mar. 20, 1962, 76 Stat. 42;
    amended Pub. L. 91-452, title II, Sec. 225, Oct. 15, 1970, 84 Stat.
    930; Pub. L. 93-406, title I, Sec. 111(a)(2)(C), Sept. 2, 1974, 88
    Stat. 852; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), Sept.
    13, 1994, 108 Stat. 2147.)

REFERENCES IN TEXT

      The Employee Retirement Income Security Act of 1974, referred to
    in text, is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 829, as
    amended. Title I of the Employee Retirement Income Security Act of
    1974, referred to in text, is classified generally to subchapter I
    (Sec. 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 section 1001 of Title 29 and Tables.
      Section 3(4) of the Employee Retirement Income Security Act of
    1974, referred to in text, is classified to section 1002(4) of
    Title 29.
      Section (3)(16) of the Employee Retirement Income Security Act of
    1974, referred to in text, probably means section 3(16) of the
    Employee Retirement Income Security Act of 1974, which is
    classified to section 1002(16) of Title 29.

AMENDMENTS

      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $10,000" in first par.
      1974 - Pub. L. 93-406 substituted "any employee welfare benefit
    plan or employee pension benefit plan, respectively, 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, as amended" and "sections
    3(4) and (3)(16) of the Employee Retirement Income Security Act of
    1974" for "sections 3(3) and 5(b)(1) and (2) of the Welfare and
    Pension Plans Disclosure Act, as amended".
      1970 - Pub. L. 91-452 struck out letter designation "(a)"
    preceding first sentence and struck out subsec. (b) which related
    to the immunity from prosecution of any witness compelled to
    testify or produce evidence after claiming his privilege against
    self-incrimination. See section 6001 et seq. of this title.
                     EFFECTIVE DATE OF 1974 AMENDMENT
      Amendment by Pub. L. 93-406 effective Jan. 1, 1975, except as
    provided in section 1031(b)(2) of Title 29, Labor, see section 1031
    of Title 29.
                     EFFECTIVE DATE OF 1970 AMENDMENT
      Amendment by Pub. L. 91-452 effective on sixtieth day following
    Oct. 15, 1970, and not to affect any immunity to which any
    individual is entitled under this section by reason of any
    testimony given before sixtieth day following Oct. 15, 1970, see
    section 260 of Pub. L. 91-452, set out as an Effective Date;
    Savings Provision note under sections 6001 of this title.
                              EFFECTIVE DATE
      Section effective 90 days after Mar. 20, 1962, see section 19 of
    Pub. L. 87-420, set out as a note under section 664 of this title.
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