Notice: The uscode.house.gov website is currently operating in a temporary format. While the United States Code remains available from its authoritative source, some website features and functionality are temporarily unavailable.
The United States Code Online is current through Public Law 119-120 (October 7, 2026).
Search & Browse Currency and Updating Classification Tables Popular Name Tool Positive Law Codification Editorial Reclassification Downloads
29 U.S.C. 1109: Liability for breach of fiduciary dutyText contains those laws in effect through Public Law 119-120 (October 7, 2026).
From Title 29-LABORCHAPTER 18-EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM
Jump To: Source Credit

§1109. Liability for breach of fiduciary duty

(a)  Any person who is a fiduciary with respect to a plan who breaches any of the responsibilities, obligations, or duties imposed upon fiduciaries by this subchapter shall be personally liable to make good to such plan any losses to the plan resulting from each such breach, and to restore to such plan any profits of such fiduciary which have been made through use of assets of the plan by the fiduciary, and shall be subject to such other equitable or remedial relief as the court may deem appropriate, including removal of such fiduciary. A fiduciary may also be removed for a violation of section 1111 of this title.

(b)  No fiduciary shall be liable with respect to a breach of fiduciary duty under this subchapter if such breach was committed before he became a fiduciary or after he ceased to be a fiduciary.

( Pub. L. 93–406, title I, § 409 , Sept. 2, 1974 , 88 Stat. 886 .)