#Fiduciary fraud code
99–514 substituted “ Internal Revenue Code of 1986” for “ Internal Revenue Code of 1954”. 100–366, § 3(a)(1), substituted “28, provided that” for “28, if” and “shall be exclusive of” for “is exclusive of”. “(B) 3 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 6 years after the date of discovery of such breach or violation.” “(A) 6 years after (i) the date of the last action which constituted a part of the breach or violation, or (ii) in the case of an omission, the latest date on which the fiduciary could have cured the breach or violation or “(3) An action may not be commenced under paragraph (2) with respect to a fiduciary’s breach of any responsibility, duty, or obligation under subsection (b) or a violation of subsection (c) after the earlier of. “(C) by any participant or beneficiary to recover benefits due to him or her under the provisions of subchapter III of this chapter, to enforce his or her rights under such provisions, or to clarify his or her rights to future benefits under such provisions. “(ii) to obtain any other appropriate equitable relief to redress a violation of any such provision or “(i) to enjoin any act or practice which violates any provision of subsection (b) or (c) or “(B) by the Secretary of Labor, any participant, beneficiary, or fiduciary.
“(iii) to enjoin any act or practice which violates subsection (g)(2) or (h) of section 8472 of this title “(ii) to collect any civil penalty under paragraph (1)(B) or “(i) to determine and enforce a liability under paragraph (1)(A) “(2) A civil action may be brought in the district courts of the United States. 100–238, § 133(a)(2), substituted “ Internal Revenue Code of 1986” for “ Internal Revenue Code of 1954”.
100–238, § 133(a)(1), inserted “, except as provided in paragraphs (3) and (4) of this subsection”. See Effective Date of 1988 Amendment note below.ġ988-Subsec. 111–31 designated existing provisions as cl. 113–255, § 3(2), inserted “or beneficiary” after “participant” and “or beneficiaries’ ” after “participants’ ”.Ģ009-Subsec. 113–255, § 3(1), inserted “or beneficiary” after “participant” and “or option” after “fund”.
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