
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-16 Section 602(b)]
[CITE: 29USC1003]

 
                             TITLE 29--LABOR
 
         CHAPTER 18--EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM
 
           SUBCHAPTER I--PROTECTION OF EMPLOYEE BENEFIT RIGHTS
 
                     Subtitle A--General Provisions
 
Sec. 1003. Coverage

    (a) Except as provided in subsection (b) of this section and in 
sections 1051, 1081, and 1101 of this title, this subchapter shall apply 
to any employee benefit plan if it is established or maintained--
        (1) by any employer engaged in commerce or in any industry or 
    activity affecting commerce; or
        (2) by any employee organization or organizations representing 
    employees engaged in commerce or in any industry or activity 
    affecting commerce; or
        (3) by both.

    (b) The provisions of this subchapter shall not apply to any 
employee benefit plan if--
        (1) such plan is a governmental plan (as defined in section 
    1002(32) of this title);
        (2) such plan is a church plan (as defined in section 1002(33) 
    of this title) with respect to which no election has been made under 
    section 410(d) of title 26;
        (3) such plan is maintained solely for the purpose of complying 
    with applicable workmen's compensation laws or unemployment 
    compensation or disability insurance laws;
        (4) such plan is maintained outside of the United States 
    primarily for the benefit of persons substantially all of whom are 
    nonresident aliens; or
        (5) such plan is an excess benefit plan (as defined in section 
    1002(36) of this title) and is unfunded.

The provisions of part 7 of subtitle B shall not apply to a health 
insurance issuer (as defined in section 1191b(b)(2) of this title) 
solely by reason of health insurance coverage (as defined in section 
1191b(b)(1) of this title) provided by such issuer in connection with a 
group health plan (as defined in section 1191b(a)(1) of this title) if 
the provisions of this subchapter do not apply to such group health 
plan.

(Pub. L. 93-406, title I, Sec. 4, Sept. 2, 1974, 88 Stat. 839; Pub. L. 
101-239, title VII, Sec. 7891(a)(1), Dec. 19, 1989, 103 Stat. 2445; Pub. 
L. 104-191, title I, Sec. 101(d), Aug. 21, 1996, 110 Stat. 1952; Pub. L. 
104-204, title VI, Sec. 603(b)(3)(A), Sept. 26, 1996, 110 Stat. 2938.)


                               Amendments

    1996--Subsec. (b). Pub. L. 104-204, in concluding provisions, made 
technical amendment to references in original act which appear in text 
as references to section 1191b of this title.
    Pub. L. 104-191 inserted at end ``The provisions of part 7 of 
subtitle B shall not apply to a health insurance issuer (as defined in 
section 1191b(b)(2) of this title) solely by reason of health insurance 
coverage (as defined in section 1191b(b)(1) of this title) provided by 
such issuer in connection with a group health plan (as defined in 
section 1191b(a)(1) of this title) if the provisions of this subchapter 
do not apply to such group health plan.''
    1989--Subsec. (b)(2). Pub. L. 101-239 substituted ``Internal Revenue 
Code of 1986'' for ``Internal Revenue Code of 1954'', which for purposes 
of codification was translated as ``title 26'' thus requiring no change 
in text.


                    Effective Date of 1996 Amendments

    Section 603(c) of Pub. L. 104-204 provided that: ``The amendments 
made by this section [enacting section 1185 of this title and amending 
this section and sections 1021, 1022, 1024, 1132, 1136, 1144, 1181, 
1191, and 1191a of this title] shall apply with respect to group health 
plans for plan years beginning on or after January 1, 1998.''
    Amendment by Pub. L. 104-191 applicable with respect to group health 
plans for plan years beginning after June 30, 1997, except as otherwise 
provided, see section 101(g) of Pub. L. 104-191, set out as an Effective 
Date note under section 1181 of this title.


                    Effective Date of 1989 Amendment

    Amendment by Pub. L. 101-239 effective, except as otherwise 
provided, as if included in the provision of the Tax Reform Act of 1986, 
Pub. L. 99-514, to which such amendment relates, see section 7891(f) of 
Pub. L. 101-239, set out as a note under section 1002 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1051, 1081, 1101, 1144 of 
this title.
