Title 29 — LaborRelease 119-73
§1113 Limitation of actions
Title 29 › Chapter CHAPTER 18— - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER I— - PROTECTION OF EMPLOYEE BENEFIT RIGHTS › Subtitle Subtitle B— - Regulatory Provisions › Part part 4— - fiduciary responsibility › § 1113
Summary
You cannot sue a fiduciary here after the earlier of two deadlines: six years from the last act (or from the last day it could have been fixed) or three years after you knew about it.
Full Legal Text
Title 29, §1113
Labor — Source: USLM XML via OLRC
No action may be commenced under this subchapter with respect to a fiduciary’s breach of any responsibility, duty, or obligation under this part, or with respect to a violation of this part, after the earlier of— (1)
(2)three years after the earliest date on which the plaintiff had actual knowledge of the breach or violation;
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1989—Pub. L. 101–239, § 7894(e)(5), struck out “(a)” before “No action”. Par. (2). Pub. L. 101–239, § 7881(j)(4), struck out comma after “violation”. 1987—Subsec. (a)(2). Pub. L. 100–203 struck out “(A)” after “date” and struck out “or (B) on which a report from which he could reasonably be expected to have obtained knowledge of such breach or violation was filed with the Secretary under this subchapter”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1989 AmendmentAmendment by section 7881(j)(4) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Pension Protection Act, Pub. L. 100–203, §§ 9302–9346, to which such amendment relates, see section 7882 of Pub. L. 101–239, set out as a note under section 401 of Title 26, Internal Revenue Code. Amendment by section 7894(e)(5) of Pub. L. 101–239 effective, except as otherwise provided, as if originally included in the provision of the Employee Retirement Income Security Act of 1974, Pub. L. 93–406, to which such amendment relates, see section 7894(i) of Pub. L. 101–239, set out as a note under section 1002 of this title.
Effective Date
of 1987 AmendmentAmendment by Pub. L. 100–203 applicable with respect to reports required to be filed after Dec. 31, 1987, see section 9342(d)(1) of Pub. L. 100–203, set out as a note under section 1132 of this title.
Reference
Citations & Metadata
Citation
29 U.S.C. § 1113
Title 29 — Labor
Last Updated
Apr 6, 2026
Release point: 119-73