Whether the fraud and concealment exception in 29 U.S.C. § 1113 applies when the underlying breach of fiduciary duty consists of fraud or concealment, or if there must be additional fraud or concealment after the underlying breach to trigger the longer six-year statute of limitations

QUESTION PRESENTED The ERISA statute of limitations, 29 U.S.C. § 1118, provides that an action for breach of fiduciary duty must ordinarily be brought “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, such action may be commenced not later than six years after the date of discovery of such breach or violation.” The following question is raised with this case: (1) Is the fraud and concealment exception in 29 U.S.C. § 1113 applicable when the underlying breach of fiduciary duty consists of fraud or concealment, or does there have to be additional fraud or concealment after the underlying breach of fiduciary duty to trigger the longer six year statute of limitations? i