§1451 — Title 29 Labor | U.S. Code

Summary

Allows a plan trustee, an employer, a plan participant or beneficiary, or the union that represents them to sue for court-ordered help or money over problems with a multiemployer plan. They cannot sue the Secretary of the Treasury, the Secretary of Labor, or the corporation that the law names. If an employer misses a required withdrawal payment, it is treated the same as a late contribution under section 1145. Federal district courts normally have sole authority to hear these cases, no matter how much money is at stake, but state courts can also hear cases when a plan trustee tries to collect withdrawal liability. Suits 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, works, or can be found. The court may order the loser to pay costs and reasonable lawyer fees. A suit must be filed no later than the later of 6 years after the problem began or 3 years after the plaintiff knew or should have known, except that with fraud or concealment the deadline is 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.

Title 29, §1451

Labor — Source: USLM XML via OLRC

(a)(1)A plan fiduciary, employer, plan participant, or beneficiary, who is adversely affected by the act or omission of any party under this subtitle with respect to a multiemployer plan, or an employee organization which represents such a plan participant or beneficiary for purposes of collective bargaining, may bring an action for appropriate legal or equitable relief, or both.

(2)Notwithstanding paragraph (1), this section does not authorize an action against the Secretary of the Treasury, the Secretary of Labor, or the corporation.

(b)In any action under this section to compel an employer to pay withdrawal liability, any failure of the employer to make any withdrawal liability payment within the time prescribed shall be treated in the same manner as a delinquent contribution (within the meaning of section 1145 of this title).

(c)The district courts of the United States shall have exclusive jurisdiction of an action under this section without regard to the amount in controversy, except that State courts of competent jurisdiction shall have concurrent jurisdiction over an action brought by a plan fiduciary to collect withdrawal liability.

(d)An action under this section may be brought in the district where the plan is administered or where a defendant resides or does business, and process may be served in any district where a defendant resides, does business, or may be found.

(e)In any action under this section, the court may award all or a portion of the costs and expenses incurred in connection with such action, including reasonable attorney’s fees, to the prevailing party.

(f)An action under this section may not be brought after the later of—

(1)6 years after the date on which the cause of action arose, or

(2)3 years after the earliest date on which the plaintiff acquired or should have acquired actual knowledge of the existence of such cause of action; except that in the case of fraud or concealment, such action may be brought not later than 6 years after the date of discovery of the existence of such cause of action.

(g)A copy of the complaint in any action under this section or section 1401 of this title shall be served upon the corporation by certified mail. The corporation may intervene in any such action.

Editorial Notes

Effective Date

Part effective Sept. 26, 1980, except as specifically provided, see section 1461(e) of this title.

§1451 Civil Actions

Summary

Title 29, §1451

Notes & Related Subsidiaries

Editorial Notes

Effective Date

Citations & Metadata