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How Much Time Do I Have To File An ERISA Lawsuit?

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For a claim for benefits under ERISA § 502(a)(1)(B), ERISA provides no statute of limitations.  Courts will look to the most comparable state statute of limitations to determine the time limit for filing suit.  Usually, this will be a statute for breach of a written contract.  However, an ERISA plan document may provide a time limit for filing suit and courts routinely uphold those time limits if they are reasonable.  For ERISA breach of fiduciary duty claims, ERISA proscribes a statute of limitations of 6 years from the alleged act or omission, or 3 years after the claimant had actual knowledge of the claim.

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