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29 U.S.C. § 1451 — Civil actions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Persons entitled to maintain actions**
(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) Failure of employer to make withdrawal liability payment within prescribed time** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1145&num=0&edition=prelim)).
**(c) Jurisdiction of Federal and State courts** 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) Venue and service of process** 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) Costs and expenses** In any action under this section, the court may awar
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Stable record: federal_law:legal_authorities:record_usc_46f9c231d1f164df238d0039
Source file: Laws/federal/codes/united-states-code/title-29/section-1451-civil-actions--627271b5a2.md
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Passage SHA-256: bfdd6fcbdae4ad047d8e63505d6d84aa07bed6c27ba477b1508fc998a06b1a05
Source location: Title 29, Chapter 18, § 1451; chapter-018-employee-retirement-income-security-program.md
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**(a) Persons entitled to maintain actions**
(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) Failure of employer to make withdrawal liability payment within prescribed time** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1145&num=0&edition=prelim)).
**(c) Jurisdiction of Federal and State courts** 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) Venue and service of process** 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) Costs and expenses** 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) Time limitations** 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) Service of complaint on corporation; intervention by corporation** A copy of the complaint in any action under this section or [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1401&num=0&edition=prelim) shall be served upon the corporation by certified mail. The corporation may intervene in any such action.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Arbitration proceedings; matters subject to arbitration, procedures applicable, etc.**
(1) Any dispute between an employer and the plan sponsor of a multiemployer plan concerning a determination made under sections 1381 through 1399 of this title shall be resolved through arbitration. Either party may initiate the arbitration proceeding within a 60-day period after the earlier of—
(A) the date of notification to the employer under [section 1399(b)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1399/b/2/B&num=0&edition=prelim), or
(B) 120 days after the date of the employer’s request under [section 1399(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1399/b/2/A&num=0&edition=prelim).
The parties may jointly initiate arbitration within the 180-day period after the date of the plan sponsor’s demand under [section 1399(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1399/b/1&num=0&edition=prelim).
(2) An arbitration proceeding under this section shall be conducted in accordance with fair and equitable procedures to be promulgated by the corporation. The plan sponsor may purchase insurance to cover potential liability of the arbitrator. If the parties have not provided for the costs of the arbitration, including arbitrator’s fees, by agreement, the arbitrator shall assess such fees. The arbitrator may also award reasonable attorney’s fees.
(3)
(A) For purposes of any proceeding under this section, any determination made by a plan sponsor under sections 1381 through 1399 of this title and [section 1405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1405&num=0&editi
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1401
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Federal law — U.S. Code and appendices · legal_authorities
Every employer who is obligated to make contributions to a multiemployer plan under the terms of the plan or under the terms of a collectively bargained agreement shall, to the extent not inconsistent with law, make such contributions in accordance with the terms and conditions of such plan or such agreement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1145
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Federal law — U.S. Code and appendices · legal_authorities
The provisions of section 4301 of the Employee Retirement Income Security Act of 1974 shall apply, in the same manner as any claim arising out of an obligation to pay withdrawal liability under subtitle E of title IV of such Act, to any claim—
(1) arising out of an obligation to pay any amount required to be paid by this chapter; or
(2) arising out of an obligation to pay any amount required by section 402(h)(5)(B)(ii) of the Surface Mining Control and Reclamation Act of 1977 ([30 U.S.C. 1232(h)(5)(B)(ii)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/h/5/B/ii&num=0&edition=prelim)).
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 9721
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Investigatory authority; audit of statistically significant number of terminating plans** The corporation may make such investigations as it deems necessary to enforce any provision of this subchapter or any rule or regulation thereunder, and may require or permit any person to file with it a statement in writing, under oath or otherwise as the corporation shall determine, as to all the facts and circumstances concerning the matter to be investigated. The corporation shall annually audit a statistically significant number of plans terminating under [section 1341(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1341/b&num=0&edition=prelim) to determine whether participants and beneficiaries have received their benefit commitments and whether [section 1350(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1350/a&num=0&edition=prelim) has been satisfied. Each audit shall include a statistically significant number of participants and beneficiaries.
**(b) Discovery powers vested in board members or officers designated by the chairman** For the purpose of any such investigation, or any other proceeding under this subchapter, the Director, any member of the board of directors of the corporation, or any officer designated by the Director or chairman, may administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, or other records which the corporation deems relevant or material to the inquiry.
**(c) Contempt** In the case of contumacy by, or refusal to obey a subpena issued to, any person, the corporation may invoke the aid of any court of the United States within the jurisd
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1303
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Federal law — U.S. Code and appendices · legal_authorities
Page 732
TITLE 29—LABOR
§ 1451
(3) The plan sponsor of a plan which is insol-
vent (within the meaning of paragraph (2)(A))
shall have the powers and duties of the plan
sponsor of a plan in reorganization which is in-
solvent (within the meaning of section 1426(b)(1)
of this title), except that regulations governing
the plan sponsor’s exercise of those powers and
duties under this section shall be prescribed by
the corporation, and the corporation shall pre-
scribe by regulation notice requirements which
assure that plan participants and beneficiaries
receive adequate notice of benefit suspensions.
(4) A plan is not required to make retroactive
benefit payments with respect to that portion of
a benefit which was suspended under this sub-
section, except that the provisions of section
1426(c)(4) and (5) of this title shall apply in the
case of plans which are insolvent under para-
graph (2)(A), in connection with the plan year
during which such section 1341a(d) of this title
first became applicable to the plan and every
year thereafter, in the same manner and to the
same extent as such provisions apply to insol-
vent plans in reorganization under section 1426
of this title, in connection with insolvency years
under such section 1426 of this title.
(Pub. L. 93–406, title IV, § 4281, as added Pub. L.
96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat.
1261.)
Editorial Notes
REFERENCES IN TEXT
Section 1425 of this title, referred to in subsec.
(c)(2)(C), was repealed by Pub. L. 113–235, div. O, title I,
§ 108(a)(1), Dec. 16, 2014, 128 Stat. 2786.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Part effective Sept. 26, 1980, except as specifically
provided, see section 1461(e) of this title.
PART 6—ENFORCEMENT
§ 1451. Civil actions
(a)
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 1451
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