§1451 Civil actions

Summary

A plan trustee, an employer, a plan member, a beneficiary, or a union that represents a member can sue if they are hurt by someone’s actions or failures under the rules for multiemployer plans. They can ask a court for money or other court orders. They cannot sue the Secretary of the Treasury, the Secretary of Labor, or the corporation. If a suit tries to force an employer to pay withdrawal liability, a missed payment is treated like a late contribution under section 1145. Federal district courts normally have the only power to hear these cases, but State courts can also hear cases when a plan trustee tries to collect withdrawal liability. A case can be filed where the plan is run or where a defendant lives or does business, and papers can be served where a defendant lives, does business, or can be found. The court may make the losing side pay costs and reasonable attorney’s fees to the winner. A suit must be filed by the later of 6 years after the claim arose or 3 years after the person knew or should have known about it, except when fraud or hiding is involved, when a suit may be filed within 6 years after discovery. A copy of the complaint must be sent to the corporation by certified mail, and the corporation may join the case.