29 U.S.C. § 1142 — Advisory Council on Employee Welfare and Pension Benefit Plans
submitted 52 years ago by Pub. L. 93-406 to r/title-29-LABOR · 536 words · no verdicts yet
This section creates a 15-member Advisory Council on Employee Welfare and Pension Benefit Plans. It sets the Council’s membership, duties, services, pay, and termination rule.
(a) Establishment, membership, terms, appointment, vacancies, and quorum. (1) The Secretary* must establish an Advisory Council on Employee* Welfare and Pension Benefit Plans, called the “Council” in this section. The Secretary appoints 15 members, and no more than 8 may belong to the same political party. (2) Members must be qualified to evaluate programs created under this chapter. (3) The members must include 3 representatives of employee organizations, including at least 1 representing an organization whose members participate in a multiemployer plan*; 3 employer* representatives, including at least 1 representing employers that maintain or contribute to multiemployer plans; 3 members from the general public, including 1 person* representing pension-benefit recipients; and 1 representative from each of insurance, corporate trust, actuarial counseling, investment counseling, investment management, and accounting. (4) Members serve 3-year terms. Of the first members, 5 serve 1 year, 5 serve 2 years, and 5 serve 3 years. A member may be reappointed. A replacement for a vacancy serves only the rest of the term. A majority is a quorum, and the Council may act only by a majority vote of members present and voting.
(b) Duties and functions. The Council must advise the Secretary about carrying out the Secretary’s functions under this chapter and give recommendations. It must meet at least 4 times each year and at other times the Secretary requests. The Secretary’s annual report under section 1143(b) of this title must include every recommendation received from the Council during the prior calendar year.
(c) Executive secretary and other services. The Secretary must provide an executive secretary and the secretarial, clerical, and other services needed for the Council’s work. The Secretary may ask other Government agencies for statistics, reports, and other information that will help the Council perform its duties.
(d) Compensation. (1) Each member is entitled to the daily equivalent of the annual basic-pay rate for GS–18 of the General Schedule for each day, including travel time, spent actually performing Council duties. (2) While away from home or the member’s regular business place performing Council services, a member may receive travel expenses, including a daily allowance instead of subsistence, in the same way intermittent Government employees receive expenses under 5 U.S.C. 5703(b).
(e) Termination. Section 1013(a) of title 5, about termination, does not apply to the Council.
There is hereby established an Advisory Council on Employee* Welfare and Pension Benefit Plans (hereinafter in this section referred to as the “Council”) consisting of fifteen members appointed by the Secretary*. Not more than eight members of the Council shall be members of the same political party.
Members shall be persons qualified to appraise the programs instituted under this chapter.
Of the members appointed, three shall be representatives of employee organizations (at least one of whom shall be representative of any organization members of which are participants in a multiemployer plan*); three shall be representatives of employers (at least one of whom shall be representative of employers maintaining or contributing to multi-employer* plans); three representatives shall be appointed from the general public, one of whom shall be a person* representing those receiving benefits from a pension plan*; and there shall be one representative each from the fields of insurance, corporate trust, actuarial counseling, investment counseling, investment management, and the accounting field.
Members shall serve for terms of three years except that of those first appointed, five shall be appointed for terms of one year, five shall be appointed for terms of two years, and five shall be appointed for terms of three years. A member may be reappointed. A member appointed to fill a vacancy shall be appointed only for the remainder of such term. A majority of members shall constitute a quorum and action shall be taken only by a majority vote of those present and voting.
It shall be the duty of the Council to advise the Secretary with respect to the carrying out of his functions under this chapter and to submit to the Secretary recommendations with respect thereto. The Council shall meet at least four times each year and at such other times as the Secretary requests. In his annual report submitted pursuant to section 1143(b) 1 of this title, the Secretary shall include each recommendation which he has received from the Council during the preceding calendar year.
The Secretary shall furnish to the Council an executive secretary and such secretarial, clerical, and other services as are deemed necessary to conduct its business. The Secretary may call upon other agencies of the Government for statistical data, reports, and other information which will assist the Council in the performance of its duties.
Members of the Council shall each be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Council.
While away from their homes or regular places of business in the performance of services for Council,2 members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5.1
Source credit: (Pub. L. 93–406, title I, § 512, Sept. 2, 1974, 88 Stat. 895; Pub. L. 117–286, § 4(a)(189), Dec. 27, 2022, 136 Stat. 4326.)
- 1974Enacted · Pub. L. 93-406 · 88 Stat. 895
- 2022Amended · Pub. L. 117-286 · 136 Stat. 4326
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-406 on 1974-09-02.
all 0 arguments · sorted by: best
no arguments yet — make the first case