Page 577 TITLE 29—LABOR § 1461

(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.

(Pub. L. 93–406, title IV, §4301, as added Pub. L.

96–364, title I, §104(2), Sept. 26, 1980, 94 Stat.

1263.)

EFFECTIVE DATE

Part effective Sept. 26, 1980, except as specifically

provided, see section 1461(e) of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1303, 1401 of this

title; title 26 section 9721.

§ 1452. Penalty for failure to provide notice

Any person who fails, without reasonable

cause, to provide a notice required under this

subtitle or any implementing regulations shall

be liable to the corporation in an amount up to

$100 for each day for which such failure continues. The corporation may bring a civil action

against any such person in the United States

District Court for the District of Columbia or in

any district court of the United States within

the jurisdiction of which the plan assets are located, the plan is administered, or a defendant

resides or does business, and process may be

served in any district where a defendant resides,

does business, or may be found.

(Pub. L. 93–406, title IV, §4302, as added Pub. L.

96–364, title I, §104(2), Sept. 26, 1980, 94 Stat.

1263.)

§ 1453. Election of plan status

(a) Authority, time, and criteria

Within one year after September 26, 1980, a

multiemployer plan may irrevocably elect, pursuant to procedures established by the corporation, that the plan shall not be treated as a

multiemployer plan for any purpose under this

chapter or the Internal Revenue Code of 1954, if

for each of the last 3 plan years ending prior to

the effective date of the Multiemployer Pension

Plan Amendments Act of 1980—

(1) the plan was not a multiemployer plan

because the plan was not a plan described in

section 1002(37)(A)(iii) of this title and section

414(f)(1)(C) of title 26 (as such provisions were

in effect on the day before September 26, 1980);

and

(2) the plan had been identified as a plan

that was not a multiemployer plan in substantially all its filings with the corporation, the

Secretary of Labor and the Secretary of the

Treasury.

(b) Requirements

An election described in subsection (a) of this

section shall be effective only if—

(1) the plan is amended to provide that it

shall not be treated as a multiemployer plan

for all purposes under this chapter and the Internal Revenue Code of 1954, and

(2) written notice of the amendment is provided to the corporation within 60 days after

the amendment is adopted.

(c) Effective date

An election described in subsection (a) of this

section shall be treated as being effective as of

September 26, 1980.

(Pub. L. 93–406, title IV, §4303, as added Pub. L.

96–364, title I, §108(f), Sept. 26, 1980, 94 Stat. 1270.)

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (b)(1), was

in the original ‘‘this Act’’, meaning Pub. L. 93–406,

known as the Employee Retirement Income Security

Act of 1974. Titles I, III, and IV of such Act are classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note

set out under section 1001 of this title and Tables.

The Internal Revenue Code of 1954, referred to in subsecs. (a) and (b)(1), was redesignated the Internal Revenue Code of 1986 by Pub. L. 99–514, §2, Oct. 22, 1986, 100

Stat. 2095, and is classified to Title 26, Internal Revenue Code.

For the effective date of the Multiemployer Pension

Plan Amendments Act of 1980, referred to in subsec. (a),

see section 1461(e) of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1002 of this title;

title 26 section 414.

SUBTITLE F—TRANSITION RULES AND EFFECTIVE

DATES

AMENDMENTS

1980—Pub. L. 96–364, title I, §104(1), Sept. 26, 1980, 94

Stat. 1217, substituted ‘‘Subtitle F—Transition Rules

and Effective Dates’’ for ‘‘Subtitle E—Effective Date;

Special Rules’’.

§ 1461. Effective date; special rules

(a) The provisions of this subchapter take effect on September 2, 1974.

(b) Notwithstanding the provisions of subsection (a) of this section, the corporation shall

pay benefits guaranteed under this subchapter

with respect to any plan—

(1) which is not a multiemployer plan,

(2) which terminates after June 30, 1974, and

before September 2, 1974,

(3) to which section 1321 of this title would

apply if that section were effective beginning

on July 1, 1974, and

(4) with respect to which a notice is filed

with the Secretary of Labor and received by

him not later than 10 days after September 2,

1974, except that, for reasonable cause shown,

such notice may be filed with the Secretary of

Labor and received by him not later than October 31, 1974, stating that the plan is a plan

described in paragraphs (1), (2), and (3).

The corporation shall not pay benefits guaranteed under this subchapter with respect to a

plan described in the preceding sentence unless