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Section XI. Notice Of Participant's Rights
As a participant in this Plan 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:
Receive Information About Your Plan and Benefits
- Examine, without charge, at the Administrative Office and at other specified
locations, such as worksites and union halls, all Plan documents, including
insurance contracts, 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 Administrative Office, copies of documents
governing the operation of the Plan, including insurance contracts, collective
bargaining agreements, and copies of the latest annual report (Form 5500 Series)
and updated summary plan description. The Administrative Office may make a
reasonable charge for the copies.
- Receive a summary of the Plan's annual financial report. The Joint Board
is required by law to furnish each participant with a copy of this summary
annual report.
Prudent Action by Plan Fiduciaries
In addition to creating rights for Plan participants, ERISA imposes duties upon
the people who are responsible for the operation of this 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 pension benefit or exercising your rights under ERISA.
Enforce Your Rights
If your claim for a pension benefit is denied in whole or in part, you must
receive a written explanation of the reason for the denial, and you have the
right to have the Plan review and reconsider your claim, as described elsewhere
in this booklet.
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 Trustees to provide the materials and pay you up to $110 a day until
you receive the information, unless the materials were not sent because of reasons
beyond the Trustees' control. 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 it should happen that Plan 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,
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 Administrative
Office. If you have any questions about this statement or about your rights
under ERISA, or if you need assistance in obtaining documents from the Administrative
Office, 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
Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., 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.
