What is the statute of limitations on a claim brought by an employee against an employee welfare fund?
MultiRegion, United States of America
The following excerpt is from Burke v. Kodak Retirement Income Plan, 336 F.3d 103 (2nd Cir. 2003):
The facts of Manginaro v. Welfare Fund of Local 771, I.A.T.S.E., 21 F.Supp.2d 284 (S.D.N.Y.1998), provide a useful illustration. In that case, the plan itself imposed a two-year statute of limitations on legal actions against an employee welfare fund. The SPD, however, omitted any mention of the statute of limitations. The normal statute of limitations under New York law would have been six years. Id. at 293.
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