### Question
How is the "eligible employee" defined?


### Answer
The term **eligible employee** is defined in *29 U.S.C. § 1362* as follows -

> an employee who is eligible to participate in an employee pension benefit plan (as defined in section 1002(2) of this title) established and maintained by the employer

#### Citation:
  - *29 U.S.C. § 1362*
  - Heading: **CHAPTER 18-EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM > SUBCHAPTER III-PLAN TERMINATION INSURANCE > Subtitle D-Liability**

