18 USC Sec. 664 01/05/2009
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
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.
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.
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."
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'."