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29 U.S.C. § 1451Civil actions

submitted 46 years ago by Pub. L. 93-406 to r/title-29-LABOR · 421 words · no verdicts yet

in plain englishAI-generated · not legal advice

Certain people and organizations affected by conduct involving a multiemployer plan may sue for legal or equitable relief. The section sets limits and rules for defendants, jurisdiction, venue, costs, deadlines, and the corporation’s participation.

(a) (1) A plan fiduciary, employer, participant, or beneficiary adversely affected by a party’s act or omission under this subtitle concerning a multiemployer plan may sue for appropriate legal or equitable relief, or both. An employee organization representing such a participant or beneficiary for collective bargaining may also sue. (2) This section does not authorize a suit against the Secretary of the Treasury, Secretary of Labor, or the corporation. (b) In a suit requiring an employer to pay withdrawal liability, failing to make a required payment on time is treated like a delinquent contribution under section 1145. (c) Federal district courts have exclusive jurisdiction without regard to the amount in dispute. State courts with proper jurisdiction share jurisdiction over a plan fiduciary’s action to collect withdrawal liability. (d) The action may be filed where the plan is administered or where a defendant lives or does business. Process may be served in any district where a defendant lives, does business, or can be found. (e) The court may award all or part of the action’s costs and expenses, including reasonable attorney fees, to the prevailing party. (f) The action must be filed by the later of six years after the claim arose or three years after the earliest date the plaintiff actually knew or should have known about it. For fraud or concealment, it may be filed no later than six years after discovery. (g) A complaint under this section or section 1401 must be served on the corporation by certified mail. The corporation may intervene.
the actual law source: uscode.house.gov ↗public domain
(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).

(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 shall be served upon the corporation by certified mail. The corporation may intervene in any such action.

Source credit: (Pub. L. 93–406, title IV, § 4301, as added Pub. L. 96–364, title I, § 104(2), Sept. 26, 1980, 94 Stat. 1263.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 93-406 · 94 Stat. 1263

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-406 on 1980-09-26.

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