The district courts of the United States have exclusive jurisdiction over civil actions brought under the multiemployer plan provisions; however, state courts of competent jurisdiction have concurrent jurisdiction over an action brought by a plan fiduciary to collect a withdrawal liability.
What is the statute of limitations for civil actions brought by the PBGC?
The PBGC is held to similar statutes of limitations for civil actions to enforce the termination provisions of ERISA and for other civil actions brought by the PBGC.
In the case of fraud or concealment, the statute of limitations on civil actions brought by the PBGC is extended to six years after the earliest date on which the PBGC acquired, or should have acquired, actual knowledge of the existence of the cause of action.
What is the appropriate jurisdiction and venue to bring a civil action under ERISA Section 4070?
The federal district court hearing any civil action brought under ERISA Section 4070 may, in its discretion, award all or a portion of the costs and expenses incurred in connection with such action, including reasonable attorneys' fees, to any party who prevails or substantially prevails in such action.
What is the statute of limitations for any civil action brought under ERISA Section 4070?
Any civil action under ERISA Section 4070 must be brought within six years after the date on which the cause of action arose, or three years after the earliest date on which the plaintiff acquired, or should have acquired, actual knowledge of the existence of such cause of action.
ERISA Section 4003(f)(1) states that, except with respect to withdrawal liability disputes with multiemployer plans, "any person who is a fiduciary, employer, contributing sponsor, member of a contributing sponsor's controlled group, participant or beneficiary, and is adversely affected by any action of the corporation [PBGC] with respect to a plan in which such person has an interest, 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 a civil action against the corporation for appropriate equitable relief in the appropriate form.
