Claims were timely filed, as the statute of limitations did not start to run until, taking all favorable inferences, the claimant had actual knowledge of the claim or with reasonable diligence should have discovered the claim.
Allegation that plan documents did not make the effects of annuity disbursement, changes in interest rates, and possible negative effects of switching plans sufficiently clear to the average plan participant states a claim.
Despite being insufficient notice under the statute, Plan documents were not in bad faith, since they attempted to explain, compare and caution, and were multi-modal in nature, making a sufficient good-faith effort to convey the information.