[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1954]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 95--RACKETEERING
Sec. 1954. Offer, acceptance, or solicitation to influence
operations of employee benefit plan
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.
(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 s
