29 U.S.C. § 1451 — Civil actions

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 (c)(2)(C), was repealed by Pub.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) Persons entitled to maintain actions (1) A plan fiduciary, employer, plan partici- pant, 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 pur- poses of collective bargaining, may bring an ac- tion for appropriate legal or equitable relief, or both. (2) Notwithstanding paragraph (1), this section does not authorize an action against the Sec- retary of the Treasury, the Secretary of Labor, or the corporation. (b) Failure of employer to make withdrawal li- ability payment within prescribed time In any action under this section to compel an employer to pay withdrawal liability, any fail- ure of the employer to make any withdrawal li- ability 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) 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 com- petent jurisdiction shall have concurrent juris- diction over an action brought by a plan fidu- ciary 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 ex- penses incurred in connection with such action, including reasonable attorney’s fees, to the pre- vailing 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; inter- vention by corporation 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 ac- tion. (Pub. L. 93–406, title IV, § 4301, as added Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat. 1263.) Editorial Notes EFFECTIVE DATE Part effective Sept. 26, 1980, except as specifically provided, see section 1461(e) of this title. § 1452. Penalty for failure to provide notice Any person who fails, without reasonable cause, to provide a notice required under this subtitle or any implementing regulations shall be liable to the corporation in an amount up to $100 for each day for which such failure con- tinues. The corporation may bring a civil action against any such person in the United States District Court for the District of Columbia or in any district court of the United States within the jurisdiction of which the plan assets are lo- cated, the plan is administered, or a defendant resides or does business, and process may be served in any district where a defendant resides, does business, or may be found. (Pub. L. 93–406, title IV, § 4302, as added Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat. 1263.)