This part shall apply to any employee benefit plan described in sectionof this title (and not exempted under section of this title), other than-
For purposes of this part:
The Secretary shall bring a cause of action described in clause (ii) if a participant, beneficiary, or fiduciary demonstrates to the satisfaction of the Secretary that a breach described in clause (ii) has occurred.
29 U.S.C. § 1101
REFERENCES IN TEXTThe Investment Company Act of 1940, referred to in subsec. (b)(1), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, as amended, which is classified generally to subchapter I (§80a-1 et seq.) of chapter 2D of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see sectionof Title 15 and Tables.
AMENDMENTS1996-Subsec. (c). Pub. L. 104-188 added subsec. (c).1989-Subsec. (a)(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 AMENDMENT Pub. L. 104-188, title I, §1460(b), Aug. 20, 1996, 110 Stat. 1822, provided that:"(1) IN GENERAL.-Except as provided in paragraph (2), the amendment made by this section [amending this section] shall take effect on January 1, 1975."(2) CIVIL ACTIONS.-The amendment made by this section shall not apply to any civil action commenced before November 7, 1995."
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 sectionof this title.
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1998For provisions directing that if any amendments made by subtitle D [§§1401-1465] of title I of Pub. L. 104-188 require an amendment to any plan or annuity contract, such amendment shall not be required to be made before the first day of the first plan year beginning on or after Jan. 1, 1998, see section 1465 of Pub. L. 104-188 set out as a note under sectionof Title 26, Internal Revenue Code.