In any action under this section to compel an employer to pay withdrawal liability, any failure of the employer to make any withdrawal liability payment within the time prescribed shall be treated in the same manner as a delinquent contribution (within the meaning of sectionof this title).
The district courts of the United States shall have exclusive jurisdiction of an action under this section without regard to the amount in controversy, except that State courts of competent jurisdiction shall have concurrent jurisdiction over an action brought by a plan fiduciary to collect withdrawal liability.
An action under this section may be brought in the district where the plan is administered or where a defendant resides or does business, and process may be served in any district where a defendant resides, does business, or may be found.
In any action under this section, the court may award all or a portion of the costs and expenses incurred in connection with such action, including reasonable attorney's fees, to the prevailing party.
An action under this section may not be brought after the later of-
A copy of the complaint in any action under this section or sectionof this title shall be served upon the corporation by certified mail. The corporation may intervene in any such action.
29 U.S.C. § 1451
Pub. L. 93-406as added Pub. L. 96-364, title I, §104(2), Sept. 26, 1980, 94 Stat. 1263.
EFFECTIVE DATEPart effective Sept. 26, 1980, except as specifically provided, see sectionof this title.