18 USC § 664 - Theft or embezzlement from employee benefit plan

---
identifier: "/us/usc/t18/s664"
source: "usc"
legal_status: "official_legal_evidence"
title: "18 USC § 664 - Theft or embezzlement from employee benefit plan"
title_number: 18
title_name: "CRIMES AND CRIMINAL PROCEDURE"
section_number: "664"
section_name: "Theft or embezzlement from employee benefit plan"
chapter_number: 31
chapter_name: "EMBEZZLEMENT AND THEFT"
part_number: "I"
part_name: "CRIMES"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 87–420, § 17(a), Mar. 20, 1962, 76 Stat. 41; amended Pub. L. 93–406, title I, § 112(a)(2)(A), formerly § 111(a)(2)(A), Sept. 2, 1974, 88 Stat. 851, renumbered § 112(a)(2)(A), Pub. L. 117–328, div. T, title III, § 320(a)(1), Dec. 29, 2022, 136 Stat. 5354; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)"
---


# § 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 both.

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.

---

**Source Credit**: (Added Pub. L. 87–420, § 17(a), Mar. 20, 1962, 76 Stat. 41; amended Pub. L. 93–406, title I, § 112(a)(2)(A), formerly § 111(a)(2)(A), Sept. 2, 1974, 88 Stat. 851, renumbered § 112(a)(2)(A), Pub. L. 117–328, div. T, title III, § 320(a)(1), Dec. 29, 2022, 136 Stat. 5354; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

## Editorial Notes

### References in Text

The Employee Retirement Income Security Act of 1974, referred to in text, is , , . Title I of the Employee Retirement Income Security Act of 1974 is classified generally to subchapter I (§ 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  and Tables.

### Amendments

1994— substituted “fined under this title” for “fined not more than $10,000”.

1974—, formerly § 111(a)(2)(A), as renumbered by , 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”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2022 Amendment

Amendment by  applicable to plan years beginning after , see , set out as a note under , Internal Revenue Code.

### Effective Date of 1974 Amendment

Amendment by  effective , except as provided in , Labor, see .

### Effective Date

> “The amendments made by this Act [see Short Title note below] shall take effect ninety days after the enactment of this Act [
> 
> ], except that section 13 of the Welfare and Pension Plans Disclosure Act [
> 
> , Labor] shall take effect one hundred eighty days after such date of enactment.”

, , , provided that:

### Short Title

> “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
> 
> , classified to
> 
> and as notes under
> 
> ], may be cited as the ‘Welfare and Pension Plans Disclosure Act Amendments of 1962’.”

, , , provided: