Federal law requires that this section be included in your booklet:
As a participant in these plans you are entitled to certain rights and protection
under the Employee Retirement Income Security Act of 1974
(ERISA).
ERISA provides that all plan participants shall be entitled to:
- 1.
- Examine, without charge, at the plan administrator's office and at
other specified locations, such as worksites and union halls,
all documents, including insurance contracts and collective
bargaining agreements.
- 2.
- Obtain copies of all plan documents and other plan information upon
written request to the plan administrator. The administrator
may make a reasonable charge for the copies.
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 welfare
benefit or exercising your rights under ERISA. If your claim for
a welfare benefit is denied in whole or in part, you must receive
a written explanation of the reason for the denial. You have the
right to have the plan review and reconsider your claim.
Under ERISA, there are steps you can take to enforce the above rights. For instance,
if you request materials from the plan and do not receive them
within 30 days, you may file suit in a federal court. In such a
case, the court may require the plan administrator to provide
the materials and pay you up to $100 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. If is should happen that
fiduciaries misuse the plan'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, if, for example, it finds
your claim is frivolous.
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, you should contact the nearest
Area Office of the U.S. Labor Management Services Administration,
Department of Labor.
March 1998
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