---
kind: "section"
citation: "29 U.S.C. § 1102"
title: "29"
title_heading: "Labor"
number: "1102"
heading: "Establishment of plan"
release: "119-102"
url: "https://uscodex.org/usc/29/1102"
units:
  - "Chapter 18 — Employee Retirement Income Security Program"
  - "Subchapter I — Protection of Employee Benefit Rights"
  - "Subtitle B — Regulatory Provisions"
  - "Part 4 — fiduciary responsibility"
---

# §1102. Establishment of plan

- (a) **Named fiduciaries—**
  - (1) Every [employee benefit plan](/usc/29/1002.md?p=3) shall be established and maintained pursuant to a written instrument. Such instrument shall provide for one or more [named fiduciaries](#a-2) who jointly or severally shall have authority to control and manage the operation and administration of the plan.
  - (2) For purposes of this subchapter, the term “named fiduciary” means a fiduciary who is named in the plan instrument, or who, pursuant to a procedure specified in the plan, is identified as a fiduciary (A) by a [person](/usc/29/1002.md?p=9) who is an [employer](/usc/29/1002.md?p=5) or [employee organization](/usc/29/1002.md?p=4) with respect to the plan or (B) by such an [employer](/usc/29/1002.md?p=5) and such an [employee organization](/usc/29/1002.md?p=4) acting jointly.
- (b) **Requisite features of plan—** Every [employee benefit plan](/usc/29/1002.md?p=3) shall—
  - (1) provide a procedure for establishing and carrying out a funding policy and method consistent with the objectives of the plan and the requirements of this subchapter,
  - (2) describe any procedure under the plan for the allocation of responsibilities for the operation and administration of the plan (including any procedure described in [section 1105(c)(1) of this title](/usc/29/1105.md?p=c-1)),
  - (3) provide a procedure for amending such plan, and for identifying the [persons](/usc/29/1002.md?p=9) who have authority to amend the plan, and
  - (4) specify the basis on which payments are made to and from the plan.
- (c) **Optional features of plan—** Any [employee benefit plan](/usc/29/1002.md?p=3) may provide—
  - (1) that any [person](/usc/29/1002.md?p=9) or group of [persons](/usc/29/1002.md?p=9) may serve in more than one fiduciary capacity with respect to the plan (including service both as trustee and [administrator](/usc/29/1002.md?p=16-A));
  - (2) that a [named fiduciary](#a-2), or a fiduciary designated by a [named fiduciary](#a-2) pursuant to a plan procedure described in [section 1105(c)(1) of this title](/usc/29/1105.md?p=c-1), may employ one or more [persons](/usc/29/1002.md?p=9) to render advice with regard to any responsibility such fiduciary has under the plan; or
  - (3) that a [person](/usc/29/1002.md?p=9) who is a [named fiduciary](#a-2) with respect to control or management of the assets of the plan may appoint an [investment manager](/usc/29/1002.md?p=38) or managers to manage (including the power to acquire and dispose of) any assets of a plan.

## Source credit

(Pub. L. 93–406, title I, § 402, Sept. 2, 1974, 88 Stat. 875.)