nsurf9
Member
Merry Christmas!
In sections B and C, below, the United States Code gives TSP participant/members (us) the right to bring suit againt the Executive Director and the Board.
Jurisdiction is in the United District Court.
5 USC CHAPTER 84 - FEDERAL EMPLOYEES' RETIREMENT SYSTEM 01/07/2011, Section 8477.
Fiduciary responsibilities; liability and penalties.
(2) No civil action may be maintained against any fiduciary with
respect to the responsibilities, liabilities, and penalties
authorized or provided for in this section except in accordance
with paragraphs (3) and (4).
(3) A civil action may be brought in the district courts of the
United States -
(A) by the Secretary of Labor against any fiduciary other than
a Member of the Board or the Executive Director of the Board -
(i) to determine and enforce a liability under paragraph
(1)(A);
(ii) to collect any civil penalty under paragraph (1)(B);
(iii) to enjoin any act or practice which violates any
provision of subsection (b) or (c);
(iv) to obtain any other appropriate equitable relief to
redress a violation of any such provision; or
(v) to enjoin any act or practice which violates subsection
(g)(2) or (h) of section 8472 of this title;
(B) by any participant, beneficiary, or fiduciary against any
fiduciary -
(i) to enjoin any act or practice which violates any
provision of subsection (b) or (c);
(ii) to obtain any other appropriate equitable relief to
redress a violation of any such provision;
(iii) to enjoin any act or practice which violates subsection
(g)(2) or (h) of section 8472 of this title; or
(C) by any participant or beneficiary -
(i) to recover benefits of such participant or beneficiary
under the provisions of subchapter III of this chapter, to
enforce any right of such participant or beneficiary under such
provisions, or to clarify any such right to future benefits
under such provisions; or
(ii) to enforce any claim otherwise cognizable under sections
1346(b) and 2671 through 2680 of title 28, provided that the
remedy against the United States provided by sections 1346(b)
and 2672 of title 28 for damages for injury or loss of property
caused by the negligent or wrongful act or omission of any
fiduciary while acting within the scope of his duties or
employment shall be exclusive of any other civil action or
proceeding by the participant or beneficiary for recovery of
money by reason of the same subject matter against the
fiduciary (or the estate of such fiduciary) whose act or
omission gave rise to such action or proceeding, whether or not
such action or proceeding is based on an alleged violation of
subsection (b) or (c).
(7)(A) The district courts of the United States shall have
exclusive jurisdiction of civil actions under this subsection.
In sections B and C, below, the United States Code gives TSP participant/members (us) the right to bring suit againt the Executive Director and the Board.
Jurisdiction is in the United District Court.
5 USC CHAPTER 84 - FEDERAL EMPLOYEES' RETIREMENT SYSTEM 01/07/2011, Section 8477.
Fiduciary responsibilities; liability and penalties.
(2) No civil action may be maintained against any fiduciary with
respect to the responsibilities, liabilities, and penalties
authorized or provided for in this section except in accordance
with paragraphs (3) and (4).
(3) A civil action may be brought in the district courts of the
United States -
(A) by the Secretary of Labor against any fiduciary other than
a Member of the Board or the Executive Director of the Board -
(i) to determine and enforce a liability under paragraph
(1)(A);
(ii) to collect any civil penalty under paragraph (1)(B);
(iii) to enjoin any act or practice which violates any
provision of subsection (b) or (c);
(iv) to obtain any other appropriate equitable relief to
redress a violation of any such provision; or
(v) to enjoin any act or practice which violates subsection
(g)(2) or (h) of section 8472 of this title;
(B) by any participant, beneficiary, or fiduciary against any
fiduciary -
(i) to enjoin any act or practice which violates any
provision of subsection (b) or (c);
(ii) to obtain any other appropriate equitable relief to
redress a violation of any such provision;
(iii) to enjoin any act or practice which violates subsection
(g)(2) or (h) of section 8472 of this title; or
(C) by any participant or beneficiary -
(i) to recover benefits of such participant or beneficiary
under the provisions of subchapter III of this chapter, to
enforce any right of such participant or beneficiary under such
provisions, or to clarify any such right to future benefits
under such provisions; or
(ii) to enforce any claim otherwise cognizable under sections
1346(b) and 2671 through 2680 of title 28, provided that the
remedy against the United States provided by sections 1346(b)
and 2672 of title 28 for damages for injury or loss of property
caused by the negligent or wrongful act or omission of any
fiduciary while acting within the scope of his duties or
employment shall be exclusive of any other civil action or
proceeding by the participant or beneficiary for recovery of
money by reason of the same subject matter against the
fiduciary (or the estate of such fiduciary) whose act or
omission gave rise to such action or proceeding, whether or not
such action or proceeding is based on an alleged violation of
subsection (b) or (c).
(7)(A) The district courts of the United States shall have
exclusive jurisdiction of civil actions under this subsection.
