29 USC 1370 - Enforcement authority relating to terminations of single-employer plans

U.S Code last checked for updates: May 02, 2024

§ 1370.

Enforcement authority relating to terminations of single-employer plans

(a)

In general

Any person who is with respect to a single-employer plan a fiduciary, contributing sponsor, member of a contributing sponsor’s controlled group, participant, or beneficiary, and is adversely affected by an act or practice of any party (other than the corporation) in violation of any provision of section 1341, 1342, 1362, 1363, 1364, or 1369 of this title, or who is an employee organization representing such a participant or beneficiary so adversely affected for purposes of collective bargaining with respect to such plan, may bring an action—

(1)

to enjoin such act or practice, or

(2)

to obtain other appropriate equitable relief (A) to redress such violation or (B) to enforce such provision.

(b)

Status of plan as party to action and with respect to legal process

(c)

Jurisdiction and venue

(d)

Right of corporation to intervene

(e)

Awards of costs and expenses

(1)

General rule

(2)

Exemption for plans

(f)

Limitation on actions

(1)

In general

Except as provided in paragraph (3), an action under this section may not be brought after the later of—

(A)

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

(B)

3 years after the applicable date specified in paragraph (2).

(2)

Applicable date

(A)

General rule

(B)

Special rule for plaintiffs who are fiduciaries

(3)

Cases of fraud or concealment

(Pub. L. 93–406, title IV, § 4070, as added Pub. L. 99–272, title XI, § 11014(a), Apr. 7, 1986, 100 Stat. 261; amended Pub. L. 101–239, title VII, § 7881(f)(8), Dec. 19, 1989, 103 Stat. 2440.)

cite as: 29 USC 1370