§ 1113. Limitation of actions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1974

   Employee Retirement Income Security Act of 1974

   Pub. L. 93–406 title I § 413 · 88 Stat. 829

   Enacted · 29 U.S.C. § 1113

   Pub. L. 93–406, title I, § 413, Sept. 2, 1974, 88 Stat. 889

   Source evidence

   Code source credit
   Pub. L. 93–406, title I, § 413, Sept. 2, 1974, 88 Stat. 889

   Enacted provision · exact public law section
   Sec. 413. limitation on actions (a) No action may be commenced under this title with 29 USC 1113. 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 (A) the date of the last action which constituted a part of the breach or violation, or (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 (A) on which the plaintiff had actual knowledge of the breach or violation, 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 title; 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.

   Effective date note
   Amendment by section 7881(j)(4) of Pub. L. 101–239 effective, 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 of Pub. L. 101–239, set out as a note under section 401 of Title 26, Internal Revenue Code. Amendment by section 7894(e)(5) of Pub. L. 101–239 effective, 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) of Pub. L. 101–239, set out as a note under section 1002 of this title.

2. 1987

   Pub. L. 100–203 title IX § 9342(b) · 101 Stat. 1330

   1. Struck · 29 U.S.C. § 1113(a)(2)

      Pub. L. 100–203 struck out “(A)” after “date”

   2. Struck · 29 U.S.C. § 1113(a)(2)

      Pub. L. 100–203 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”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 100–203 struck 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”.

   Enacted provision · exact public law section
   (b) Amendment of Statute of Limitations With Respect to Certain Reports.— Section 413(a)(2) of ERISA (29 U.S.C. 1113(a)(2)) is amended by striking “(A)” and by striking “or (B)” and all that follows through “title”.

   Effective date note
   Amendment by section 7881(j)(4) of Pub. L. 101–239 effective, 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 of Pub. L. 101–239, set out as a note under section 401 of Title 26, Internal Revenue Code. Amendment by section 7894(e)(5) of Pub. L. 101–239 effective, 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) of Pub. L. 101–239, set out as a note under section 1002 of this title.

3. 1989

   Revenue Reconciliation Act of 1989

   Pub. L. 101–239 § 7894(e)(5) · 103 Stat. 2106

   Struck · 29 U.S.C. § 1113

   Pub. L. 101–239, § 7894(e)(5), struck out “(a)” before “No action”

   Source evidence

   Code amendment note
   Pub. L. 101–239, § 7894(e)(5), struck out “(a)” before “No action”.

   Enacted provision · exact public law section
   (5) Section 413 of ERISA is amended by striking “(a)”.

   Effective date note
   Amendment by section 7881(j)(4) of Pub. L. 101–239 effective, 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 of Pub. L. 101–239, set out as a note under section 401 of Title 26, Internal Revenue Code. Amendment by section 7894(e)(5) of Pub. L. 101–239 effective, 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) of Pub. L. 101–239, set out as a note under section 1002 of this title.

4. 1989

   Revenue Reconciliation Act of 1989

   Pub. L. 101–239 § 7881(j)(4) · 103 Stat. 2106

   Struck · 29 U.S.C. § 1113(2)

   Pub. L. 101–239, § 7881(j)(4), struck out comma after “violation”

   Source evidence

   Code amendment note
   Par. (2). Pub. L. 101–239, § 7881(j)(4), struck out comma after “violation”.

   Enacted provision · exact public law section
   (4) Paragraph (2) of section 413 of ERISA is amended by 29 USC 1113. striking the comma.

   Effective date note
   Amendment by section 7881(j)(4) of Pub. L. 101–239 effective, 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 of Pub. L. 101–239, set out as a note under section 401 of Title 26, Internal Revenue Code. Amendment by section 7894(e)(5) of Pub. L. 101–239 effective, 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) of Pub. L. 101–239, set out as a note under section 1002 of this title.

5 of 5 references resolved to an enrolled provision