29 U.S.C. § 1370 : US Code - Section 1370: Enforcement authority relating to terminations of single- employer plans

Search 29 U.S.C. § 1370 : US Code - Section 1370: Enforcement authority relating to terminations of single- employer plans

(a) In general
Any person who is with respect to a single-employer plan a
fiduciary, contributing sponsor, member of a contributing sponsor's
controlled group, participant, or beneficiary, and is adversely
affected by an act or practice of any party (other than the
corporation) in violation of any provision of section 1341, 1342,
1362, 1363, 1364, or 1369 of this title, or who is an employee
organization representing such a participant or beneficiary so
adversely affected for purposes of collective bargaining with
respect to such plan, may bring an action -
(1) to enjoin such act or practice, or
(2) to obtain other appropriate equitable relief (A) to redress
such violation or (B) to enforce such provision.
(b) Status of plan as party to action and with respect to legal
process
A single-employer plan may be sued under this section as an
entity. Service of summons, subpoena, or other legal process of a
court upon a trustee or an administrator of a single-employer plan
in such trustee's or administrator's capacity as such shall
constitute service upon the plan. If a plan has not designated in
the summary plan description of the plan an individual as agent for
the service of legal process, service upon any contributing sponsor
of the plan shall constitute such service. Any money judgment under
this section against a single-employer plan shall be enforceable
only against the plan as an entity and shall not be enforceable
against any other person unless liability against such person is
established in such person's individual capacity.
(c) Jurisdiction and venue
The district courts of the United States shall have exclusive
jurisdiction of civil actions under this section. Such actions may
be brought in the district where the plan is administered, where
the violation took place, or where a defendant resides or may be
found, and process may be served in any other district where a
defendant resides or may be found. The district courts of the
United States shall have jurisdiction, without regard to the amount
in controversy or the citizenship of the parties, to grant the
relief provided for in subsection (a) of this section in any
action.
(d) Right of corporation to intervene
A copy of the complaint or notice of appeal in any action under
this section shall be served upon the corporation by certified
mail. The corporation shall have the right in its discretion to
intervene in any action.
(e) Awards of costs and expenses
(1) General rule
In any action brought under this section, the court in its
discretion may award all or a portion of the costs and expenses
incurred in connection with such action, including reasonable
attorney's fees, to any party who prevails or substantially
prevails in such action.
(2) Exemption for plans
Notwithstanding the preceding provisions of this subsection, no
plan shall be required in any action to pay any costs and
expenses (including attorney's fees).
(f) Limitation on actions
(1) In general
Except as provided in paragraph (3), an action under this
section may not be brought after the later of -
(A) 6 years after the date on which the cause of action
arose, or
(B) 3 years after the applicable date specified in paragraph
(2).
(2) Applicable date
(A) General rule
Except as provided in subparagraph (B), the applicable date
specified in this paragraph is the earliest date on which the
plaintiff acquired or should have acquired actual knowledge of
the existence of such cause of action.
(B) Special rule for plaintiffs who are fiduciaries
In the case of a plaintiff who is a fiduciary bringing the
action in the exercise of fiduciary duties, the applicable date
specified in this paragraph is the date on which the plaintiff
became a fiduciary with respect to the plan if such date is
later than the date described in subparagraph (A).
(3) Cases of fraud or concealment
In the case of fraud or concealment, the period described in
paragraph (1)(B) shall be extended to 6 years after the
applicable date specified in paragraph (2).