44 Stelton Road, Suite 305
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EXECUTIVE BOARD
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THE NEW JERSEY MAILERS
LOCAL 1100 S-L/WSJ
PENSION PLAN
As of August 22, 2003 the early retirement factors are:
Age Early Retirement Factor
64 0.8983
63 0.8091
62 0.7307
61 0.6615
60 0.6001
59 0.5457
58 0.4972
57 0.4539
56 0.4151
55 0.3803
Interpolate for fractional ages (i.e. the factor for age 60 ½ is 50% of the age 60 factor plus 50% of the age 61 factor).
SUMMARY PLAN DESCRIPTION (31 pages)
1/02
Several years ago, we recognized the need for you and other represented employees to have the financial security to enjoy your retirement years. We then established the New Jersey Mailers Local 1100 S-L/WSJ Pension Plan, which provides you with a monthly income when you retire. And, employees enjoy pre-retirement and post-retirement survivor benefits for their beneficiaries. All contributions to this Pension Fund are made by your Company; you get the benefit but do not have to share the cost.
This booklet, technically called a "summary plan description," provides you and your family with a general explanation of the major provisions of the Pension Plan, as of January 1, 2002. We encourage you to take the time to review this booklet carefully and to show it to your family so all of you have an appreciation of this outstanding benefit. You may want to place it in a secure drawer for possible review in the future.
As you examine the various provisions of our Pension Plan and determine how they apply to your particular situation, there will undoubtedly be questions. Please direct any question you have to Mr. Mark S. McEntee, who is the Plan Administrator representative. (See page 9 for the address and telephone number.)
We are pleased to provide this important benefit for you and your family at no cost to you. Please know your efforts and contributions on behalf of your Company are appreciated, and we look forward to many more years of continued, mutual success.
Board of Trustees
November, 2002
PLANNING FOR RETIREMENT
Our retirement years can be among the most enjoyable ones for us. The number of alternatives open to us in the future has never been greater -- but it is important to plan ahead. Successful retirement means being happy in what we do after we stop working and having enough money to live on, and both require planning.
As you look ahead to your retirement, you can look to the following sources for the money that you will need.
Your Company Pension Plan
Your Company Pension Plan provides a monthly income payable upon your retirement from active work with the Company. Your Company pays the full cost by contributing to the Plan’s Pension Fund. You make no contribution to the Plan.
The Plan is known as a "defined benefit plan" which means that your benefits are calculated using a specific formula.
Your Social Security Benefits
You and your Company both contribute the same amount for your Social Security benefits. Eligibility for full benefits depends on your date of birth, but benefits can be payable as early as age 62 in a reduced amount. Also, if you retire at age 65 and your spouse is at least age 62, your spouse may receive an additional benefit. If you would like to know when full benefits will be available, contact Social Security or your Human Resources Department.
Your Own Personal Savings
Another step towards "financial security" is to save regularly for your retirement years. We encourage you to include regular savings as part of your retirement planning.
WHEN YOU BECOME A PARTICIPANT
If you were a Participant in the Plan as of December 31, 2001, then you will continue as a Participant as of January 1, 2002, if you are employed with the Company on that date. Otherwise, you become a Participant in the Plan on the first day your Company is required, under the collective bargaining agreement, to make a contribution to the Pension Fund on your behalf.
Participation in this Plan is limited to individuals who are employed by a participating employer pursuant to the terms of a collective bargaining agreement with the New Jersey Mailers Local 1100, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. Employees of the Union and the Pension Fund for whom contributions to the Pension Fund are made are also eligible to participate.
CREDITED SERVICE
The amount of your pension and your eligibility for a pension under the Plan are determined by your years of Credited Service. Your years of Credited Service equal your years of Past Service plus your years of Future Service.
Past Service
Once you become a participant in the Plan, you earn one year of Past Service for each full year of continuos employment prior to 1990 with your Company within the jurisdiction of the Union.
Your years of Past Service equal your years of Future Service, as explained below. However, for purposes of calculating the amount of your pension, your Past Service is limited to 10 years.
Future Service
You earn Future Service from the date your Company is first required, under the collective bargaining agreement, to make contributions to the Pension Fund on your behalf. You earn one year of Future Service for each calendar year after 1989 in which your Company contributes for you for at least 100 days.
VESTING
After you are a Participant in the Plan, you will be entitled to receive a pension when you become Vested. In order to be Vested, you must have 5 years of Credited Service. Vested means that you are entitled to a pension benefit at your Normal Retirement Date, whether or not you are employed by your Company at that time.
YOUR NORMAL RETIREMENT DATE
Your Normal Retirement Date is the later of the date you become 65 or the 5th anniversary of your participation in the Plan. As long as you have filed an appropriate application, pension payments begin on the first day of the month immediately following your retirement. It is important that you file an application with the Plan Administrator in sufficient time before you want your payments to begin.
RETIREMENT INCOME YOU WILL RECEIVE
The amount of your normal retirement pension is based on a Past Service formula and a Future Service formula. The Past Service formula is based on Average Annual Contributions. The Future Service formula is based on Company Contributions. These terms are explained below.
1. Average Annual Contributions
Average Annual Contributions equal the total contributions made by your Company on your behalf divided by the total years for which contributions were made for you. Contact the Plan Administrator to find out at what rate your Company is contributing to the Plan.
2. Company Contributions
Company Contributions equal the total contributions made by your Company on your behalf. If contributions are made for more than 260 days in any calendar year, the contributions made for the highest 260 days will be used in the formula. Contact the Plan Administrator to find out at what rate your Company is contributing to the Plan.
Pension Formula
The total amount of your normal retirement pension equals the sum of your Past Service Pension plus your Future Service Pension.
1. Your Past Service Pension
Your Past Service Pension equals your years of Past Service multiplied by 2% (.02) of the Average Annual Contributions made for you.
PLUS
2. Your Future Service Pension
Your Future Service Pension equals 3% (.03) of the Company Contributions made for you for each year of Future Service.
BREAK IN SERVICE
If you are employed by the Company for less than 50 days during a calendar year, then you have a Break in Service and your participation in the Plan stops. These years are called Break Years.
However, merely because you have a Break Year does not mean that you will lose prior service. You will only lose prior Credited Service if you are not Vested, and the number of consecutive Break Years equals or exceeds five or the number of your pre-break years of Credited Service, whichever is larger.
For purposes of determining whether you have a Break in Service, you get credit for:
EARLY RETIREMENT
You can also retire at anytime from age 55 to 65 and still get a monthly benefit for life, provided you have at least 10 years of Credited Service.
The Early Retirement Pension You Will Receive
Your Early Retirement Pension is calculated in the same way as your Normal Retirement Pension, but the amount is then actuarially reduced based on your age at your Early Retirement Date. Your Early Retirement Pension is smaller than your Normal Retirement Pension at age 65 because:
LATE RETIREMENT
If you continue working beyond your Normal Retirement Date, your benefit generally is not payable until you actually do retire. However, if you reach age 70 ½ in 1997 or any subsequent year, you have the option of either electing to begin receiving your benefit payments on April 1 of the year after the year in which you reach age 70 ½ or electing to defer your benefit payments until you actually retire. If you reached age 70½ after 1987 but before 1997, your benefit payments will begin no later than April 1 of the year after the year in which you reached age 70½, even if you are still employed by the Company at that time.
The Late Retirement Pension You Will Receive
Your Late Retirement Pension will be calculated in the same way as your Normal Retirement Pension based on your Credited Service, Average Annual Contributions and Company Contributions at the date you actually do retire. Your monthly pension amount for a particular Plan Year will be based on the same factors mentioned above and calculated on the first day of the month immediately prior to the first monthly pension payment for that Plan Year. If your payments are deferred until you actually retire, then you will receive the greater of the benefit you actually earned while you worked or an increased benefit figured under a special actuarial formula.
IF YOU BECOME DISABLED
If you are an active Participant, and become disabled after completing at least 10 years of Credited Service, you will be entitled to receive a Disability Retirement Pension. You are considered to be disabled if you are entitled to and are receiving disability benefits under the Social Security Act.
The amount of your monthly Disability Retirement Pension is equal to your accrued pension as of your date of disability. Your monthly pension payments begin on your Disability Retirement Date.
If you recover from your Disability before you reach age 65, your monthly Disability Retirement Pension payments will stop. However, you may be eligible for a Retirement Pension under another provision of the Plan.
IF YOU LEAVE BEFORE RETIREMENT
If you leave employment before retirement, and if you are Vested, you will be eligible for a Deferred Vested Pension at age 65. However, you may elect to start receiving your pension payments as of the first day of any month after your 55th birthday, provided you had completed least 10 years of Credited Service prior to your termination of employment. If you make this election, the amount of your pension will be reduced as described in the Early Retirement section above.
Your Deferred Vested Pension is calculated based on your Credited Service, Average Annual Contributions and Company Contributions at the time you terminate employment. In other words, your Deferred Vested Pension generally is your accrued benefit earned as of the date you leave the Company.
RETURNING TO WORK AFTER RETIREMENT
If you are re employed by the Company following retirement in any capacity within the jurisdiction of the Union, you must give written notice to the Plan Administrator. Whether or not your pension payments will continue during your reemployment depends upon your age and, in certain cases, the hours you work each month. Please contact the Plan Administrator for details.
Upon your subsequent retirement, you may increase your Future Service Pension, but not your Past Service Pension.
PRE-RETIREMENT SPOUSE BENEFIT
If you die after age 65 or if you have at least 10 years of Credited Service and die between the ages of 55 and 65, the Plan will automatically provide your spouse with a 50% Surviving Spouse Pension, which is explained below. Payments will be reduced, as described in the Early Retirement section above, and will begin on the first of the month following the date of your death.
If you have at least 10 years of Credited Service and die before age 55, your spouse will receive a 50% Surviving Spouse Pension. Payments will be reduced, as described in the Early Retirement section above, and will begin on the first of the month following the date you would have reached age 55.
If you are vested when you die, but have less than 10 years of Credited Service, regardless of your age at the time, your spouse will receive a 50% Surviving Spouse Pension computed as if you had taken a Normal Retirement Pension. Payments will begin on the first of the month following the date you would have reached age 65.
PRE-RETIREMENT DEATH BENEFIT FOR BENEFICIARY
If you are not married and you die after being eligible for a normal, late, early or disability retirement pension, but before making application for your benefits, then your beneficiary will be entitled to a death benefit. The amount of the death benefit is equal to your monthly pension benefit, computed as if you had made an application for benefits on the day before the date of your death, multiplied by 60. The death benefit will be paid in one lump sum to your beneficiary as soon as practical following your death.
You may name one or more individuals as your beneficiary(ies). It is important to keep your beneficiary designation up to date. All benefit applications and beneficiary changes should be made through the Plan Administrator.
HOW YOUR PENSION IS PAID
If You Are Single
The normal form of retirement income under the Plan is a monthly payment during your lifetime with 60 monthly payments guaranteed. This is known as a Straight-Life Annuity with 60 Months Guaranteed.
This annuity pays you a monthly benefit for as long as you live, and if you die before receiving 60 monthly payments, your beneficiary will receive a monthly benefit payment in the same amount you were receiving for the balance of the guaranteed period. If you die after receiving at least the guaranteed payments, benefits will stop upon your death.
If You Are Married
If you retire on a normal, early, late or disability retirement pension and have a spouse living at the time your pension begins, your pension will automatically be paid in the form of a 50% Surviving Spouse Pension. Under this form of payment, the Straight-Life Annuity with 60 Months Guaranteed is reduced to enable a pension to be paid to your spouse after your death. The amount of the reduction is based upon the age of your spouse on the date you begin to receive a pension. The reduced payment is made to you for your lifetime and, if your spouse survives you, he or she receives 50% of your reduced pension for his or her lifetime.
However, if you are married and do not want this form of payment, you can elect to receive your pension as a Straight-Life Annuity with 60 Months Guaranteed by completing a written election signed by you and your spouse and witnessed by a notary public. The Plan Administrator will provide the necessary information in sufficient time for you to make an election, and you may ask for more information if needed. Also, you may revoke any previous election and make a new election at any time before you begin receiving benefits. The revocation and new election must also be signed by you and your spouse and witnessed by a notary public, unless you elect the 50% Surviving Spouse Pension.
LUMP SUM PAYMENT
If the value of your pension benefit, as determined by an actuary, is $5,000 or less, the benefit will be paid as one lump sum. Similarly, this will be how payment will be made to your spouse if he or she is entitled to a Pre-Retirement Spouse Pension whose value is $5,000 or less.
In general, you may elect to have your lump sum distribution directly rolled over into an IRA (except for a Roth or educational IRA) or, if permitted, your new employer’s retirement plan. You will receive more detailed information about your rollover options at the time of your distribution.
WHAT SOCIAL SECURITY ADDS
Social Security is paid in addition to the benefits under this Plan. While you work, you and the Company each make contributions to Social Security based on your earnings.
FORMER EMPLOYEES
The Plan provisions described in this booklet do not apply to former employees of the Company who retired or otherwise terminated their employment with the Company before January 1, 2002. Those rights are determined by the terms of the Plan in effect on the date of termination of employment.
OTHER INFORMATION YOU SHOULD KNOW
Employer and Plan Sponsor
The participating employers in this Plan are the Star-Ledger and the Wall Street Journal. In this booklet, the term "Company" refers to each employer, whichever one applies to you.
The Plan Sponsor is The Newark Morning Ledger Co., One Star Ledger Plaza, Newark, New Jersey 07102. The Sponsor’s telephone number is (973) 877-4141. The Sponsor’s tax identification number is 22-1157720.
Plan Identification
For federal government purposes, the Plan is classified as a trusted defined benefit pension plan. The Plan is maintained pursuant to the terms of a collective bargaining agreement with the New Jersey Mailers Local 1100, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. Records are kept on the basis of the Plan Year, which is the calendar year. The Plan is identified for federal government purposes as Plan Number 062.
Plan Administration
The Plan is administered by the Board of Trustees. The Board of Trustees consists of people appointed by the participating employers and the Union. The Trustees’ names are:
Union Trustees Company Trustees
Mark S. McEntee Mark W. Newhouse
Angelo Mitterando Andrew C. Harteveld
Kevin Kurdyla Bruce H. Berry
The Board of Trustees selects the Custodial Bank (the bank that holds the funds for investment). The Custodial Bank is:
PNC Bank
Two Tower Center Blvd.
East Brunswick, NJ 08816
The Board of Trustees, acting as the Plan Administrator, authorizes pension payments, resolves questions, and tries to make sure the Plan is fair to all.
Inquiries to the Plan Administrator should be directed to:
Mr. Mark S. McEntee
New Jersey Mailers Local 1100 S-L/WSJ Pension Plan
44 Stelton Road
Suite 305
Piscataway, NJ 08854
(732) 752-7221
Claims Procedure
Applying for Benefits
In order to receive a Plan benefit you must complete and file a written application with the Plan Administrator. Application forms are available from the Plan Administrator. You will be asked to furnish information such as your age, marital status and present address. Your application for benefits will be processed when the Plan Administrator receives this information. If your application is missing information, the Plan Administrator will notify you within 45 days. You will have at least 180 days to then complete and file your application. It is your responsibility to inform the Plan Administrator of any changes in your mailing address in order to ensure that your benefit checks will reach you.
Notice of Benefit Determination
Within 90 days of receiving your complete application, the Plan Administrator will tell you whether your application is approved. In special circumstances the Plan Administrator may require an extension of time for review of your application and benefit determination, in which case, a written notice explaining the reasons for the delay and the date by which the Plan Administrator expects to make your benefit determination will be given to you before the end of the 90-day period. If the Plan Administrator approves your application, you will receive a Notice of your Benefit Determination. If it is not approved, the Plan Administrator will provide you with a notice explaining why, referring you to the applicable provisions of the Plan (including any internal rules or guidelines) on which the determination is based; describing any additional information necessary for you to perfect your claim and why it is necessary; describing the Plan’s review procedures, including an explanation of your right to bring a civil action under ERISA following an adverse benefit determination on review; telling you how you can get a reconsideration of the Plan Administrator’s decision; and explaining your right to file an appeal within 60 days and that failure to so file an appeal constitutes your consent to the Plan Administrator’s decision.
Appeal
Within the 75 days following receipt of the Notice of Benefit Determination, you or your representative may file an appeal with the Plan Administrator requesting a reconsideration of your application. You will have the opportunity to submit to the Plan Administrator written comments, documents, records and other information relating to your denied claim. The review of your benefit determination will take such submission into account and will be made by a Plan fiduciary who was not involved in the initial determination. You will be provided, upon request and free of charge, reasonable access to and copies of all documents, records and information relevant to your claim.
You should receive written notice of the final decision within 60 days after your request is received by the Plan Administrator. If the Plan Administrator requires more time to review the appeal because of unusual circumstances, you will be notified, in case a decision will be made within a reasonable period of time, but not later than 120 days after receipt of your request of review. In the case of an adverse determination, this notice will explain why, referring you to the applicable Plan provisions (including any internal rules or guidelines) on which the determination is based and will explain your rights to have, upon request and free of charge, access to and copies of all Plan documents and records concerning your benefit determination. This notice will also describe your right to bring a civil action under ERISA.
Financing
As a result of collective bargaining between your Company and the Union, your Company pays the entire cost of your pension through periodic contributions to the New Jersey Mailers Local 1100 S-L/WSJ Pension Fund. Contact the Plan Administrator to find out at what rate your Company is contributing to the Plan.
The Plan and its assets are managed by the Board of Trustees. The Trustees are selected by the participating employers and the Union.
Maximum Pensions
Federal regulations require every plan to include provisions concerning maximum pensions. Inquiries in this regard should be directed to the Plan Administrator.
Top-Heavy Plans
A top-heavy plan is a plan under which key employees (as defined under IRS rules) receive a certain percentage of benefits under the plan (the percentage is fixed by the IRS) which is greater than the percentage received by all other employees. This Plan is not top-heavy; however, federal regulations require every plan to include provisions concerning top-heavy plans. If the Plan becomes top-heavy in any Plan Year, (1) a minimum retirement benefit may be provided and (2) the vesting provisions would be changed as follows:
Years of Vesting
Vesting Service Percentage
Less than 3 0%
3 or more 100%
Qualified Domestic Relations Orders
If your interest in the Plan becomes subject to a qualified domestic relations order, all or a portion of your Plan benefits may be applied to satisfy the obligations under such order. Generally, a qualified domestic relations order is any judgment, decree or order under state domestic relations law which provides for child support, alimony, or marital property settlement with respect to a spouse, child or other dependent of a Participant. The Plan Administrator has established procedures to determine the qualified status of any domestic relations order received. You can obtain a copy of these procedures from the Plan Administrator without charge.
Rollovers From Other Plans
This Plan will not accept a direct rollover from another plan or your contribution of a distribution from another plan or your IRA.
Permanence
Although the Plan is intended to be permanent, the right to amend or terminate the Plan at any time has been reserved by the Board of Trustees. Legal counsel for the Company is authorized to amend the Plan solely to comply with changes in the law, including any applicable regulations, rulings or procedures pertaining to such laws, or as required by the Internal Revenue Service in connection with obtaining a favorable determination letter with respect to the Plan’s qualified status. A decision to amend or terminate the Plan might result from a change in law or any other reason. No amendment to the Plan, however, can cause any reduction in the accrued pension of any Participant or the elimination or reduction of certain protected benefits (such as early retirement benefits and optional forms of benefit payment) with respect to accrued pensions as of the later of the adoption date or effective date of the amendment, except as allowed by law.
The Plan document includes specific provisions as to how the money in the trust fund must be used for the benefit of participating employees and their beneficiaries. If the Plan is completely terminated, accruals of additional benefits under the Plan will stop. Benefits already earned under the Plan for Participants actively employed with the Company at the time of the termination, to the extent then funded, will become fully vested. The assets of the Plan will be allocated in accordance with the Plan provisions and the Pension Benefit Guaranty Corporation’s rules to pay such earned benefits, as discussed below.
Termination Insurance
Your pension benefits under this multi employer plan are insured by the Pension Benefit Guaranty Corporation (PBGC), a federal insurance agency. A multi employer plan is a collectively bargained pension arrangement involving two or more unrelated employers, usually in a common industry.
Under the multi employer plan program, the PBGC provides financial assistance through loans to plans that are insolvent. A multi employer plan is considered insolvent if the plan is unable to pay benefits (at least equal to the PBGC’s guaranteed benefit limit) when due.
The maximum benefit that the PBGC guarantees is set by law. Under the multi employer program, the PBGC guarantee equals a participant’s years of service multiplied by (1) 100% of the first $5 of the monthly benefit accrual rate and (2) 75% of the next $15. The PBGC’s maximum guarantee limit is $16.25 per month times a participant’s years of service. For example, the maximum annual guarantee for a retiree with 30 years of service would be $5,850.
The PBGC guarantee generally covers: (1) normal and early retirement benefits; (2) disability benefits if you become disabled before the plan becomes insolvent; and (3) certain benefits for your survivors.
The PBGC guarantee generally does not cover: (1) benefits greater than the maximum guaranteed amount set by law; (2) benefit increases and new benefits based on plan provisions that have been in place for fewer than 5 years at the earlier of: (i) the date the plan terminates or (ii) the time the plan become insolvent; (3) benefits that are not vested because you have not worked long enough; (4) benefits for which you have not met all of the requirements at the time the plan becomes insolvent; and (5) non-pension benefits, such as health insurance, life insurance, certain death benefits, vacation pay, and severance pay.
For more information about the PBGC and the benefits it guarantees, ask your Plan Administrator or contact the PBGC’s Technical Assistance Division. 1200 K Street N.W., Suite 930, Washington, D.C. 20005-4026 or call 202-326-4000 (not a toll free number). TTY/TDD users may call the federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4000. Additional information about the PBGC’s pension insurance program is available through the PBGC’s web site on the Internet at http://www.pbgc.gov.
Agent for Service of Legal Process
The Board of Trustees in its capacity as the Plan Administrator is the agent for service of any legal process against the Plan.
Further Information
This booklet describes highlights of the Plan. Full details are contained in the official Plan and Trust documents which govern and control all rights and benefits in case of any conflict with the explanation given in this booklet. Some terminology in the booklet differs from that in the Plan document. If you would like to examine the documents or ask any questions about the Plan or your benefit rights, please address your inquiry to the Plan Administrator.
STATEMENT OF ERISA RIGHTS
The following statement of ERISA rights is required to be included by law. Please understand that your Company is required to use the words contained in the regulations. By presenting this required statement, your Company does not want to suggest that to be treated fairly and obtain proper representation, you must take legal action or seek aid from any governmental agency. You, of course, have that right. However, your Company would like you to remember that it would like to help you with any problems you may have concerning your pension just as it wanted to provide you with these benefits in the first place. Your Company hopes you will come to us first with any problems that might arise.
As a Participant in the New Jersey Mailers Local 1100 S-L/WSJ Pension Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA), which provides that all Plan Participants shall be entitled to:
Receive Information About Your Plan and Benefits
- Examine, without charge, at the Plan Administrator’s office and at other specified locations, such as work sites and union halls, all documents governing the Plan, including 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 Pension and Welfare Benefits Administration.
- Obtain, upon written request to the Plan Administrator, copies of documents governing the operation of the Plan, including 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 Plan’s annual financial report. The Plan 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 pension benefit or exercising your rights under ERISA.
Enforce Your Rights
If your claim for a pension benefit is denied or ignored, in whole or in part, you have the 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 the Plan document, or the latest annual report 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 $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 Plan’s decision or lack thereof concerning the qualified status of a domestic relations order, you may file suit in 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 that 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 Plan Administrator, you should contact the nearest office of the Pension and Welfare Benefits Administration, U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, Pension and Welfare Benefits Administration, U.S. Department of Labor, 200 Constitution Avenue N.W., Washington, D.C. 20210. You may obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Pension and Welfare Benefits Administration.
We hope this document has provided you with the information you need about the Pension Plan, which was implemented several years ago for the benefit of you and your family. However, it is impossible to answer all of your questions, so as matters come up which can be confusing, or specific questions are developed, please do not hesitate to see your Plan Administrator representative.
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