Judicial review

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(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.


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