Page 543 TITLE 29—LABOR § 1381

1So in original. Probably should be ‘‘or’’.

the violation took place, or where a defendant

resides or may be found, and process may be

served in any other district where a defendant

resides or may be found. The district courts of

the United States shall have jurisdiction, without regard to the amount in controversy or the

citizenship of the parties, to grant the relief provided for in subsection (a) of this section in any

action.

(d) Right of corporation to intervene

A copy of the complaint or notice of appeal in

any action under this section shall be served

upon the corporation by certified mail. The corporation shall have the right in its discretion to

intervene in any action.

(e) Awards of costs and expenses

(1) General rule

In any action brought under this section, the

court in its discretion may award all or a portion of the costs and expenses incurred in connection with such action, including reasonable

attorney’s fees, to any party who prevails or

substantially prevails in such action.

(2) Exemption for plans

Notwithstanding the preceding provisions of

this subsection, no plan shall be required in

any action to pay any costs and expenses (including attorney’s fees).

(f) Limitation on actions

(1) In general

Except as provided in paragraph (3), an action under this section may not be brought

after the later of—

(A) 6 years after the date on which the

cause of action arose, or

(B) 3 years after the applicable date specified in paragraph (2).

(2) Applicable date

(A) General rule

Except as provided in subparagraph (B),

the applicable date specified in this paragraph is the earliest date on which the plaintiff acquired or should have acquired actual

knowledge of the existence of such cause of

action.

(B) Special rule for plaintiffs who are fiduciaries

In the case of a plaintiff who is a fiduciary

bringing the action in the exercise of fiduciary duties, the applicable date specified in

this paragraph is the date on which the

plaintiff became a fiduciary with respect to

the plan if such date is later than the date

described in subparagraph (A).

(3) Cases of fraud or concealment

In the case of fraud or concealment, the period described in paragraph (1)(B) shall be extended to 6 years after the applicable date

specified in paragraph (2).

(Pub. L. 93–406, title IV, §4070, as added Pub. L.

99–272, title XI, §11014(a), Apr. 7, 1986, 100 Stat.

261; amended Pub. L. 101–239, title VII,

§7881(f)(8), Dec. 19, 1989, 103 Stat. 2440.)

AMENDMENTS

1989—Subsec. (a). Pub. L. 101–239 struck out ‘‘1349,’’

after ‘‘section 1341, 1342,’’.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by 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.

EFFECTIVE DATE

Section effective Jan. 1, 1986, with certain exceptions,

see section 11019 of Pub. L. 99–272, set out as an Effective Date of 1986 Amendment note under section 1341 of

this title.

§ 1371. Penalty for failure to timely provide required information

The corporation may assess a penalty, payable

to the corporation, against any person who fails

to provide any notice or other material information required under this subtitle, subtitle A, B,

or C of this subchapter, as 1 section 1082(f)(4) or

1085b(e) of this title, or any regulations prescribed under any such subtitle or such section,

within the applicable time limit specified therein. Such penalty shall not exceed $1,000 for each

day for which such failure continues.

(Pub. L. 93–406, title IV, §4071, as added Pub. L.

100–203, title IX, §9314(c)(1), Dec. 22, 1987, 101

Stat. 1330–367; amended Pub. L. 101–239, title VII,

§7881(g)(8), (i)(3)(B), Dec. 19, 1989, 103 Stat. 2442.)

AMENDMENTS

1989—Pub. L. 101–239, §7881(i)(3)(B), substituted

‘‘, subtitle A, B, or C of this subchapter, as section

1082(f)(4) or 1085b(e) of this title’’ for ‘‘or subtitle A, B,

or C’’ and inserted ‘‘or such section’’ after ‘‘such subtitle’’.

Pub. L. 101–239, §7881(g)(8), made clarifying amendment to directory language of Pub. L. 100–203,

§9314(c)(1), resulting in no change in text.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by 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.

SUBTITLE E—SPECIAL PROVISIONS FOR

MULTIEMPLOYER PLANS

AMENDMENTS

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

Stat. 1217, added subtitle heading. Former subtitle E

heading ‘‘Effective Date; Special Rules’’ was struck

out. See subtitle F of this subchapter.

SUBTITLE REFERRED TO IN OTHER SECTIONS

This subtitle is referred to in sections 1301, 1342, 1361,

1365 of this title; title 26 section 9721.

PART 1—EMPLOYER WITHDRAWALS

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1082, 1103, 1108,

1301, 1303, 1342, 1415, 1424, 1461 of this title; title 26 sections 404, 412, 413, 418C, 4975.

§ 1381. Withdrawal liability established; criteria

and definitions

(a) If an employer withdraws from a multiemployer plan in a complete withdrawal or a par-