Page:United States Statutes at Large Volume 98 Part 2.djvu/974

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 2134

PUBLIC LAW 98-473—OCT. 12, 1984

diction or jurisdictions in which such person was convicted. The Commission's determination in any such proceeding shall be final. No person shall knowingly hire, retain, employ, or otherwise place any other person to serve in any capacity in violation of this subsection.". (b) Subsection (b) of such section is amended to read as follows: "(b) Any person who willfully violates this section shall be fined not more than $10,000 or imprisoned for not more than five years, or both.". (c) Subsection (c) of such section is amended to read as follows: "(c) For the purpose of this section— "(1) A person shall be deemed to have been 'convicted' and under the disability of 'conviction' from the date of the judgment of the trial court, regardless of whether that judgment remains under appeal. "(2) A period of parole shall not be considered as part of a period of imprisonment.". 29 USC 504. (d) Such section 504 is amended by adding at the end thereof the following: "(d) Whenever any person— "(1) by operation of this section, has been barred from office or other position in a labor organization as a result of a conviction, and "(2) has filed an appeal of that conviction, any salary which would be otherwise due such person by virtue of such office or position, shall be placed in escrow by the individual employer or organization responsible for payment of such salary. Payment of such salary into escrow shall continue for the duration of the appeal or for the period of time during which such salary would be otherwise due, whichever period is shorter. Upon the final reversal of such person's conviction on appeal, the amounts in escrow shall be paid to such person. Upon the final sustaining of such person's conviction on appeal, the amounts in escrow shall be returned to the individual employer or organization responsible for payments of those amounts. Upon final reversal of such person's conviction, such person shall no longer be barred by this statute from assuming any position from which such person was previously barred.". Effective date. SEC. 804. (a) The amendments made by section 802 and section 803 29 USC 504 note, of this title shall take effect with respect to any judgment of conviction entered by the trial court after the date of enactment of this title, except that that portion of such amendments relating to the commencement of the period of disability shall apply to any judgment of conviction entered prior to the date of enactment of this title if a right of appeal or an appeal from such judgment is pending on the date of enactment of this title. (b) Subject to subsection (a) the amendments made by sections 803 and 804 shall not affect any disability under section 411 of the Ante, p. 2131. Employee Retirement Income Security Act of 1974 or under section 29 USC 1111. 504 of the Labor-Management Reporting and Disclosure Act of 1959 Ante, p. 2133. in effect on the date of enactment of this title. 29 USC 504. SEC. 805. (a) The first paragraph of section 506 of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1136) is amended by striking out "In order" and inserting in lieu thereof the following: "(a) COORDINATION WITH OTHER AGENCIES AND DEPARTMENTS.—In

order".