Corral v. Southern California Gas Company, 2000 U.S. App. LEXIS 925 (9^th Cir. Jan. 21, 2000)(Unpublished).-This case involves ERISA’s statute of limitations for breach of fiduciary duty claims.  Corral decided to retire from his job.  Ten days before the effective date of his retirement, however, his employer adopted an early retirement incentive program (ERIP) that would have provided Corral greater retirement benefits.  Corral learned of the ERIP two weeks after his retirement became effective, but did not file suit until four years later (claiming his employer breached its fiduciary duty under § 404, 409(a), and § 502(a)(3) of ERISA).

This court affirmed the district court’s summary judgment in favor of Southern California Gas Co., holding as a matter of law that (1) SCGC was not seriously considering the ERIP when Corral elected to retire and therefore did not have to inform Corral of the program, and (2) the three-year statute of limitations served as a bar since there was no fraud or concealment.  Under 29 U.S.C. § 1113(2), plaintiffs must bring a breach of fiduciary duty claim within three years after the earliest date on which the plaintiff had actual knowledge of the breach or violation, except that in the case of fraud or concealment, six years are allowed.  Here, plaintiff made no showing of affirmative steps towards concealment or fraud.