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Is there a statute of limitations for filing of a claim?

Claims for relief against fiduciaries for breach of their duties or violation of ERISA have a specific statutory limitations period. No such action may commence after the earlier of:

  • 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,
  • Three 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 six years after the date of discovery of such breach or violation.
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