§ 664. — Theft or embezzlement from employee benefit plan.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC664]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 31--EMBEZZLEMENT AND THEFT
Sec. 664. Theft or embezzlement from employee benefit plan
Any person who embezzles, steals, or unlawfully and willfully
abstracts or converts to his own use or to the use of another, any of
the moneys, funds, securities, premiums, credits, property, or other
assets of any employee welfare benefit plan or employee pension benefit
plan, or of any fund connected therewith, shall be fined under this
title, or imprisoned not more than five years, or both.
As used in this section, the term ``any employee welfare benefit
plan or employee pension benefit plan'' means any employee benefit plan
subject to any provision of title I of the Employee Retirement Income
Security Act of 1974.
(Added Pub. L. 87-420, Sec. 17(a), Mar. 20, 1962, 76 Stat. 41; amended
Pub. L. 93-406, title I, Sec. 111(a)(2)(A), Sept. 2, 1974, 88 Stat. 851;
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 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.
Amendments
1994--Pub. L. 103-322 substituted ``fined under this title'' for
``fined not more than $10,000''.
1974--Pub. L. 93-406 substituted ``any employee benefit plan 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''.
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(b)(1) of Title 29.
Effective Date
Section 19 of Pub. L. 87-420 provided that: ``The amendments made by
this Act [see Short Title note below] shall take effect ninety days
after the enactment of this Act [Mar. 20, 1962], except that section 13
of the Welfare and Pension Plans Disclosure Act [section 308d of Title
29, Labor] shall take effect one hundred eighty days after such date of
enactment.''
Short Title
Section 1 of Pub. L. 87-420 provided: ``That this Act [enacting this
section, sections 1027 and 1954 of this title, and sections 308a to 308f
of Title 29, Labor, amending sections 302 to 308 and 309 of Title 29,
and renumbering sections 10 to 12 of Pub. L. 85-536, classified to
section 309 of Title 29 and as notes under section 301 of Title 29], may
be cited as the `Welfare and Pension Plans Disclosure Act Amendments of
1962'.''
Section Referred to in Other Sections
This section is referred to in sections 24, 1961, 2516 of this
title; title 29 section 1031.
