Page:United States Statutes at Large Volume 72 Part 1.djvu/1040

 PUBLIC LAW 85-836-AUG. 28, 1958

[72 S T A T.

by an employer or by an employee organization, or by both, for the purpose of providing for its participants or their beneficiaries, by the purchase of insurance or annuity contracts or otherwise, retirement benefits, and includes any profit-sharing plan which provides benefits at or after retirement, (3) The term "employee organization" means any labor union or any organization of any kind, or any agency or employee representation committee, association, group, or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning an employee welfare or pension benefit plan, or other matters incidental to employment relationships; or any employees' beneficiary association organized for the purpose, in whole or in part, of establishing such a plan. (4) The term "employer" means any person actinj^ directly as an employer or indirectly in the interest of an employer ni relation to an employee welfare or pension benefit plan, and includes a group or association of employers acting for an employer in such capacity. (5) The term "employee" means any individual employed by an employer. (6) The term "participant" means any employee or former employee of an employer or any member of an employee organization who is or may become eligible to receive a benefit of any type from an employee welfare or pension benefit plan, or whose beneficiaries may be eligible to receive any such benefit. (7) The term "beneficiary" means a person designated by a participant or by the terms of an employee welfare or pension benefit plan who is or may become entitled to a benefit thereunder. (8) The term "person" means an individual, partnership, corporation, mutual company, joint-stock company, trust, unincorporated organization, association, or employee organization. (9) The term "State" means any State of the United States, the District of Columbia, Hawaii, Puerto Rico, the Virgin Islands, and the Canal Zone. (10) The term "commerce" means trade, commerce, transportation, or communication among the several States, or betAveen any foreign country and any State, or between any State and any place outside thereof. (11) The term "affecting commerce" means in commerce, or burdening or obstructing commerce or the free flow of commerce. COVERAGE

68A Stat. 163.

SEC. 4. (a) Except as provided in subsection (b), this Act shall apply to any employee welfare or pension benefit plan if it is established or maintained by any employer or employers engaged in commerce or in any industry or activity affecting commerce or by any employee organization or organizations representing employees engaged in commerce or in any industry or activity affecting commerce or by both. (b) This Act shall not apply to an employee welfare or pension benefit plan if— (1) such plan is administered by the Federal Government or by the government of a State, by a political subdivision of a State, or by an agency or instrumentality of any of the foregoing; (2) such plan was established and is maintained solely for the purpose of complying with applicable workmen's compensation laws or unemployment compensation disability insurance laws; (3) such plan is exempt from taxation under section 501(a) of ^]^g Internal Revenue Code of 1954 and is administered as a corol-

�