Title 29, LaborRelease 119-110
§1113 Limitation of Actions
Title 29 › CHAPTER 18 — EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › SUBCHAPTER I — PROTECTION OF EMPLOYEE BENEFIT RIGHTS › Subtitle B — Regulatory Provisions › part 4 — fiduciary responsibility › § 1113
Summary
Says when you can sue a fiduciary for breaking duties under this part. You must file by the earlier of: six years after the last act (or six years after the last chance to fix a failure to act), or three years after you actually knew. Fraud or concealment allows six years from discovery.
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;
except that in the case of fraud or concealment, such action may be commenced not later than six years after the date of discovery of such 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
Sep 22, 2026
Release point: 119-110