Page:United States Statutes at Large Volume 94 Part 1.djvu/1313

 PUBLIC LAW 96-364—SEPT. 26, 1980

94 STAT. 1263

4041A(d) first became applicable to the plan and every year thereafter, in the same manner and to the same extent as such provisions apply to insolvent plans in reorganization under section 4245, in connection with insolvency years under such section 4245.

Ante. p. 1216.

"PART 6—ENFORCEMENT CIVIL ACTIONS

"SEC. 4301. (a)(1) A plan fiduciary, employer, plan participant, or 29 USC 1451. beneficiary, who is adversely affected by the act or omission of any party under this subtitle with respect to a multiemployer plan, or an employee organization which represents such a plan participant or beneficiary for purposes of collective bargaining, may bring an action for appropriate legal or equitable relief, or both. "(2) Notwithstanding paragraph (1), this section does not authorize an action against the Secretary of the Treasury, the Secretary of Labor, or the corporation. "(b) In any action under this section to compel an employer to pay Withdrawal withdrawal liability, any failure of the employer to make any liability payment. withdrawal liability payment within the time prescribed shall be treated in the same manner as a delinquent contribution (within the Post, p. 1295. meaning of section 515). "(c) The district courts of the United States shall have exclusive Concurrent jurisdiction of an action under this section without regard to the jurisdiction. amount in controversy, except that State courts of competent jurisdiction shall have concurrent jurisdiction over an action brought by a plan fiduciary to collect withdrawal liability. "(d) An action under this section may be brought in the district where the plan is administered or where a defendant resides or does business, and process may be served in any district where a defendant resides, does business, or may be found. "(e) In any action under this section, the court may award all or a Costs and portion of the costs and expenses incurred in connection with such expenses. action, including reasonable attorney's fees, to the prevailing party. "(f) An action under this section may not be brought after the later of— "(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) A copy of the complaint in any action under this section or section 4221 shall be served upon the corporation by certified mail. Ante, p. 1239. The corporation may intervene in any such action. PENALTY FOR FAILURE TO PROVIDE NOTICE

"SEC. 4302. Any person who fails, without reasonable cause, to 29 USC 1452. 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 Civil action. 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

79-194

O—81—pt. 1

83; QL3

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