29 USC § 1113 - Limitation of actions
No action may be commenced under this subchapter with respect to a fiduciary’s breach of any responsibility, duty, or obligation under this part, or with respect to a violation of this part, after the earlier of—
(1)
six years after
(B)
in the case of an omission the latest date on which the fiduciary could have cured the breach or violation, or
(2)
three years after the earliest date on which the plaintiff had actual knowledge of the breach or violation;
except that in the case of fraud or concealment, such action may be commenced not later than six years after the date of discovery of such breach or violation.
No action may be commenced under this subchapter with respect to a fiduciary’s breach of any responsibility, duty, or obligation under this part, or with respect to a violation of this part, after the earlier of—
(1)
six years after
(B)
in the case of an omission the latest date on which the fiduciary could have cured the breach or violation, or
(2)
three years after the earliest date on which the plaintiff had actual knowledge of the breach or violation;
except that in the case of fraud or concealment, such action may be commenced not later than six years after the date of discovery of such breach or violation.
Source
(Pub. L. 93–406, title I, § 413,Sept. 2, 1974, 88 Stat. 889; Pub. L. 100–203, title IX, § 9342(b),Dec. 22, 1987, 101 Stat. 1330–371; Pub. L. 101–239, title VII, §§ 7881(j)(4),
7894(e)(5),Dec. 19, 1989, 103 Stat. 2443, 2450.)
Amendments
1989—Pub. L. 101–239, § 7894(e)(5), struck out “(a)” before “No action”.
Par. (2). Pub. L. 101–239, § 7881(j)(4), struck out comma after “violation”.
1987—Subsec. (a)(2). Pub. L. 100–203struck out “(A)” after “date” and struck out “or (B) on which a report from which he could reasonably be expected to have obtained knowledge of such breach or violation was filed with the Secretary under this subchapter”.
Effective Date of 1989 Amendment
Amendment by section 7881(j)(4) ofPub. L. 101–239effective, except as otherwise provided, as if included in the provision of the Pension Protection Act, Pub. L. 100–203, §§ 9302–9346, to which such amendment relates, see section 7882 ofPub. L. 101–239, set out as a note under section
401 of Title
26, Internal Revenue Code.
Amendment by section 7894(e)(5) ofPub. L. 101–239effective, except as otherwise provided, as if originally included in the provision of the Employee Retirement Income Security Act of 1974, Pub. L. 93–406, to which such amendment relates, see section 7894(i) ofPub. L. 101–239, set out as a note under section
1002 of this title.
Effective Date of 1987 Amendment
Amendment by Pub. L. 100–203applicable with respect to reports required to be filed after Dec. 31, 1987, see section 9342(d)(1) ofPub. L. 100–203, set out as a note under section
1132 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Wednesday, February 6, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
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