Excerpt: Congress did not provide an express statute of limitations for a participant's action 'to recover benefits due to him under the terms of his plan' under ERISA ? 502(a)(1)(B), 29 U.S.C. ? 1132(a)(1)(B). The Sixth Circuit, applying the generally-accepted rule that 'in the absence of a federally-mandated statute of limitations, the court should apply the most analogous state law statute of limitations,' has long held that Ohio's 15-year statute of limitations for breach of a written contract applies to a ? 502(a)(1)(B) claim. Meade v. Pension Appeals & Review Committee, 966 F.2d 190, 195 (6th Cir. 1992), citing Ohio Rev. Code ? 2305.06. But a recent Sixth Circuit decision augurs ill for the continued viability of the Ohio 15-year statute of limitations in such ERISA claims.

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