Does the ERISA statute of limitations begin anew with each related breach of fiduciary duty?
MultiRegion, United States of America
The following excerpt is from Tibble v. Edison Int'l, 843 F.3d 1187 (9th Cir. 2016):
In Phillips v. Alaska Hotel and Restaurant Employees Pension Fund , 944 F.2d 509, 52021 (9th Cir. 1991), we held that the limitations period under a different subsection of the ERISA statute of limitations, 29 U.S.C. 1113(2), begins when a plaintiff has actual knowledge of a breach. When there is "a series of discrete but related breaches" because a fiduciary violated a continuing duty over time, the 1113(2) limitations period does not begin anew with each related breach. Id.
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