Code of the District of Columbia

Subchapter VIII. Judicial Enforcement.


§ 1–815.01. Judicial review.

(a) In general. — A civil action may be brought:

(1) By a participant or beneficiary to enforce or clarify rights to benefits from the Trust Fund or Federal Supplemental Fund under this chapter;

(2) By the Trustee:

(A) To enforce any claim arising (in whole or in part) under this chapter or the contract; or

(B) To recover benefits improperly paid from the Trust Fund or Federal Supplemental Fund or to clarify a participant’s or beneficiary’s rights to benefits from the Trust Fund or Federal Supplemental Fund; and

(3) By the Secretary to enforce any provision of this chapter or the contract.

(b) Treatment of Trust Fund. — The Trust Fund may sue and be sued as an entity.

(c) Exclusive remedy. — This subchapter shall be the exclusive means for bringing actions against the Trust Fund, the Trustee, or the Secretary under this chapter.


(Aug. 5, 1997, 111 Stat. 728, Pub. L. 105-33, § 11071.)

Prior Codifications

1981 Ed., § 1-768.1.

Section References

This section is referenced in § 1-817.06.


§ 1–815.02. Jurisdiction and venue.

(a) In general. — The United States District Court for the District of Columbia shall have exclusive jurisdiction and venue, regardless of the amount in controversy, of:

(1) Civil actions brought by participants or beneficiaries pursuant to this chapter, and

(2) Any other action otherwise arising (in whole or part) under this chapter or the contract.

(b) Review by Court of Appeals. — Notwithstanding any other provision of law, any order of the United States District Court for the District of Columbia issued pursuant to an action described in subsection (a) of this section that concerns the validity or enforceability of any provision of this chapter or seeks injunctive relief against the Secretary or Trustee under this chapter shall be reviewable only pursuant to a notice of appeal to the United States Court of Appeals for the District of Columbia Circuit.

(c) Review by Supreme Court. — Notwithstanding any other provision of law, review by the Supreme Court of the United States of a decision of the Court of Appeals that is issued pursuant to subsection (b) of this section may be had only if the petition for relief is filed within 20 calendar days after the entry of such decision.

(d) Restrictions on declaratory or injunctive relief. — No order of any court granting declaratory or injunctive relief against the Secretary or the Trustee shall take effect during the pendency of the action before such court, during the time an appeal may be taken, or (if an appeal is taken or petition for certiorari filed) during the period before the court has entered its final order disposing of the action.


(Aug. 5, 1997, 111 Stat. 728, Pub. L. 105-33, § 11072.)

Prior Codifications

1981 Ed., § 1-768.2.


§ 1–815.03. Statute of limitations.

(a) Action for benefits. — Any civil action by an individual with respect to a Federal benefit payment under this chapter shall be commenced within 180 days of a final benefit determination.

(b) Action for breach of contract or other violations. — Except as provided in subsection (c) of this section, any civil action for breach of the contract or any other violation of this chapter shall be commenced within the later of:

(1) Six years after the last act that constituted the alleged breach or violation or, in the case of an omission, six years after the last date on which the alleged breach or violation could have been cured; or

(2) Three years after the earliest date on which the plaintiff knew or could have reasonably been expected to have known of the act or omission on which the action is based.

(c) Special rule for actions against Secretary. — Notwithstanding subsection (b) of this section, any action against the Secretary arising (in whole or part) under this chapter or the contract shall be commenced within one year of the events giving rise to the cause of action.


(Aug. 5, 1997, 111 Stat. 729, Pub. L. 105-33, § 11073.)

Prior Codifications

1981 Ed., § 1-768.3.


§ 1–815.04. Treatment of misappropriation of fund amounts as Federal crime.

The provisions of § 664 of Title 18, United States Code (relating to theft or embezzlement from employee benefit plans), shall apply to the Trust Fund and the Federal Supplemental Fund.


(Aug. 5, 1997, 111 Stat. 729, Pub. L. 105-33, § 11074.)

Prior Codifications

1981 Ed., § 1-768.4.

Section References

This section is referenced in § 1-817.06.