STATEMENT OF ERISA RIGHTS
This Statement of ERISA rights is required by federal law and regulation.
As a Participant in the Fund, You are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974. (ERISA). ERISA provides that all Plan Participants shall be entitled to:
- Examine, without charge, at the Plan Administrator’s Office and at other specified locations, such as worksites and union halls, all documents governing the Plan, including insurance contracts and collective bargaining agreements, and a copy of the latest annual report (Form 5500 Series) filed by the Plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Employee Benefits Security Administration.
- Obtain, upon written request to the Plan Administrator, copies of documents governing the operation of the Plan, including insurance contracts and collective bargaining agreements, and copies of the latest annual report (Form 5500 Series) and updated Summary Plan Description. The Administrator may make a reasonable charge for the copies.
- Receive a summary of the Fund’s annual financial report. The Fund Administrator is required by law to furnish each Participant with a copy of this summary annual report.
PRUDENT ACTIONS BY PLAN FIDUCIARIES
In addition to creating rights for Plan Participants, ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan. The people who operate Your Plan, called “fiduciaries” of the Plan, have a duty to do so prudently and in the interest of You and other Plan Participants and beneficiaries. No one, including Your employer, Your union, or any other person, may fire You or otherwise discriminate against You in any way to prevent You from obtaining a health benefit or exercising Your rights under ERISA.
ENFORCE YOUR RIGHTS
If Your claim for a welfare benefit is denied or ignored, in whole or in part, You have a right to know why this was done, to obtain copies of documents relating to the decision without charge, and to appeal any denial, all within certain time schedules.
Under ERISA, there are steps You can take to enforce the above rights. For instance, if You request a copy of plan documents or the latest annual report from the plan and do not receive them within 30 days, You may file suit in Federal court. In such a case, the court may require the Fund Administrator to provide the materials and pay You up to $110 a day until You receive the materials, unless the materials were not sent because of reasons beyond the control of the Administrator. If You have a claim for benefits which is denied or ignored, in whole or in part, You may file suit in a state or Federal court. In addition, if You disagree with the Fund’s decision or lack thereof concerning the qualified status of a medical child support order, You may file suit in Federal court. If it should happen that Fund fiduciaries misuse the Fund’s money, or if You are discriminated against for asserting Your rights, You may seek assistance from the U.S. Department of Labor, or You may file suit in a Federal court. The court will decide who should pay court costs and legal fees. If You are successful, the court may order the person You have sued to pay these costs and fees. If You lose, the court may order You to pay these costs and fees, for example, if it finds Your claim is frivolous.
ASSISTANCE WITH YOUR QUESTIONS
If You have any questions about Your Plan, You should contact the Plan Administrator. If You have any questions about this statement or about Your rights under ERISA, or if You need assistance in obtaining documents from the Fund Administrator, You should contact the nearest office of the Employee Benefits Security Administration, U.S. Department of Labor, listed in Your telephone directory or the Division of Technical Assistance and Inquiries, Employee Benefits Security, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. You may also obtain certain publications about Your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration, U.S. Department of Labor.
FUTURE OF THE PLAN AND PLAN TERMINATION
This Summary Plan Description includes information concerning the circumstances which may result in disqualification, ineligibility, or denial of benefits that a Fund Participant or beneficiary might otherwise reasonably expect the Fund to provide. This Plan Description booklet details the eligibility rules, benefits, limitations and exclusions for coverages.
It is anticipated that the Plan will remain in effect indefinitely. However, the right to amend or modify the plan is reserved by the Board of Trustees, in accordance with the Declaration of Trust. In addition, the continuance of the Plan is subject to the maintenance of collective bargaining agreements which provide for Employer contributions to the Fund.
If it ever becomes necessary to terminate the Plan, the Trust Agreement provides that assets then held by the Trustees must be used exclusively on behalf of Fund Participants and to defray the cost of reasonable administration and termination expenses. In no event will any of the assets revert to any Employer or to the Union. In the event of termination of the Fund, the Trust Assets are to be used exclusively to continue the payment of benefits provided to eligible Plan Participants, their Dependents, beneficiaries, or their estates, to defray reasonable administration and termination expenses and to otherwise effectuate the purpose of the Trust Fund. Upon the necessity for termination, the Trustees shall establish a plan to be applied to the balance of assets in the Fund so that the assets will be applied solely for these purposes.
Upon final liquidation of the Plan, Plan Participants and beneficiaries would have no further rights or interest in the Plan.
MODIFICATION OF BENEFITS AND RULES FOR RETIRED PARTICIPANTS
This Summary Plan Description includes information concerning the benefits provided by the Trustees to retired Plan Participants and their Dependents and the circumstances which may result in disqualification, ineligibility, or denial of benefits that a retired Plan Participant or Dependent might otherwise reasonably expect the Plan to provide.
The benefits and eligibility rules applicable to retired Plan Participants and their Dependents have been established by the Trustees as part of an overall benefit program. The right to amend, terminate or modify the eligibility rules and plan of benefits for retired Plan Participants and their Dependents is reserved by the Board of Trustees, in accordance with the Declaration of Trust. The continuance of benefits for retired Plan Participants and their Dependents and the eligibility rules relating to a qualification therefor are subject to termination, modification and revision by the Board of Trustees in accordance with their responsibilities and authority contained in the Trust Agreement.
In accordance with the rules and regulations and the Trust Agreement, no person has a vested interest in the benefits provided for retired Plan Participants and their Dependents. In the event of termination of the Plan, as stated above, the Trustees reserve the right to terminate the program of benefits for retired Plan Participants, and there shall not be any vested right by any retired Plan Participant or Dependent or beneficiary, nor contractual rights after the disposition of all Plan assets and the termination of the Plan. Retired Plan Participants and their Dependents shall not have any priority with respect to the disposition of assets in connection with the termination of this Plan.