29 USC 1451 - Civil actions

U.S Code last checked for updates: Nov 23, 2024

§ 1451.

Civil actions

(a)

Persons entitled to maintain actions

(1)

A plan fiduciary, employer, plan participant, or beneficiary, who is adversely affected by the act or omission of any party under this subtitle with respect to a multiemployer plan, or an employee organization which represents such a plan participant or beneficiary for purposes of collective bargaining, may bring an action for appropriate legal or equitable relief, or both.

(2)

Notwithstanding paragraph (1), this section does not authorize an action against the Secretary of the Treasury, the Secretary of Labor, or the corporation.

(b)

Failure of employer to make withdrawal liability payment within prescribed time

(c)

Jurisdiction of Federal and State courts

(d)

Venue and service of process

(e)

Costs and expenses

(f)

Time limitations

An action under this section may not be brought after the later of—

(1)

6 years after the date on which the cause of action arose, or

(2)

3 years after the earliest date on which the plaintiff acquired or should have acquired actual knowledge of the existence of such cause of action; except that in the case of fraud or concealment, such action may be brought not later than 6 years after the date of discovery of the existence of such cause of action.

(g)

Service of complaint on corporation; intervention by corporation

(Pub. L. 93–406, title IV, § 4301, as added Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat. 1263.)

cite as: 29 USC 1451