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SOL re:suing for delinquent employer contributions


Guest JD698
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I know that ERISA does not provide a statue of limitations for suing to recover delinquent employer contributions.

Does a state's contract SOL apply automatically?

Does a federal SOL govern?

How is the determination made?

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You choose the "most applicable" state limitations period. I think in most Cirucits you are looking at the state's written contract limitations period.

However, watch out for the Third, I think applicable precedent may still mandate loking at wage payment collection statutes which are usually very short

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