Supreme Court Clarifies Constructive Knowledge Not Enough for ERISA Three-year Statute of Limitations

    View Author March 2020

    In a highly anticipated US Supreme Court case, the court dashed the hopes of ERISA fiduciaries who relied on sending retirement plan investment materials to start the clock ticking on the ERISA three-year statute of limitations. By holding that the mere receipt of retirement plan documentation is not enough to commence the statute of limitations, the Court gave a win to the apathetic plan participant turned plaintiff. ERISA fiduciaries may now be required to devise a disclosure method to ensure actual knowledge or succumb to the notion that the lengthier six-year statute of limitations is the new now.