29 U.S.C. § 1323
Section 1323 · Plan fiduciaries
This is § 4023 of the Employee Retirement Income Security Act of 1974
Amended 1 time on record
Applied in 6 court decisions — leading case Pension Benefit Guaranty Corp. v. Heppenstall Co. (1980)
Most recently applied in 96 F. Supp. 2d 578 - Castillo v. Case Farms of Ohio, Inc. (December 1999)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Notwithstanding any other provision of this chapter, a fiduciary of a plan to which section 1321 of this title applies is not in violation of the fiduciary's duties as a result of any act or of any withholding of action required by this subchapter.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93–406, known as the Employee Retirement Income Security Act of 1974. Titles I, III, and IV of such Act are classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of the title and Tables.
Prior Provisions
A prior section 1323, Pub. L. 93–406, title IV, §4023, Sept. 2, 1974, 88 Stat. 1019, related to contingent liability coverage, prior to repeal by Pub. L. 96–364, title I, §107, Sept. 26, 1980, 94 Stat. 1267.
Effective Date
Section effective Sept. 26, 1980, except as specifically provided, see section 1461(e) of this title.