In Raymond v. Callebaut, 2013 WL 150232 (3d Cir. Jan. 15, 2013) (summary order), the Third Circuit affirmed the district court’s ruling that dismissed plaintiff’s claim seeking benefits due under the terms of a 401(k) plan because plaintiff’s claim was filed more than fourteen years after it had accrued. Plaintiff’s claim was based on an allegedly improper liquidation of her account in 1997 yet she did not file her claim to recover benefits under the 401(k) plan until 2011. The court held plaintiff’s claim accrued in 1997 when the IRS had sent her a notice of a distribution of her plan benefits and a notice of taxes due from the Internal Revenue Service.
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