§1451 Civil Actions

Summary

Plan managers, employers, plan members, people who get plan benefits, and the unions that represent them can sue if someone’s action or failure to act harms a multiemployer plan. They can ask a court for fair legal or equitable relief. They cannot sue the Secretary of the Treasury, the Secretary of Labor, or the corporation. Federal district courts have the main power to hear these lawsuits, though state courts can also hear cases by plan managers to collect withdrawal liability. You can sue where the plan is run or where a defendant lives or works, and papers can be served where a defendant lives, works, or is found. A missed withdrawal payment is treated like a late contribution. The court may make the loser pay costs and reasonable lawyer fees. Suits must start no later than the later of 6 years after the claim arose or 3 years after the plaintiff knew or should have known; for fraud or concealment, no later than 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.