IUOE Benefit Funds of Eastern PA and DE

Your Rights

Your Rights Under the Employee Retirement Income Security Act of 1974

In 1974, the Employee Retirement Income Security Act (ERISA) was passed by Congress. Its purpose is to protect the interests of workers and beneficiaries who depend on benefits from employee pension and welfare plans. These rights apply to all retirement plans, including yours. ERISA provides that you,as a Plan participant, shall be entitled to:

• Examine, during normal business hours, without charge, on any Friday at the Fund Office and worksites (if at least 50 operators are employed) and Union Hall, all Plan documents including insurance contracts, collective bargaining agreements and copies of all documents filed by the U.S. Department of Labor, such as detailed annual reports and Plan descriptions.
• 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.
• 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.
• Obtain a statement telling you whether you have a right to receive a pension at Normal Retirement Age (age 65, or if later, your age on the fifth anniversary of your participation) and, if so what your benefits would be at Normal Retirement Age if you stop working under the Plan now. If you do not have a right to a pension, the statement will tell you how many more years you have to work to be eligible to receive a pension. This statement must be requested in writing and is not required to be given more than once a year. The Plan must provide the statement free of charge. The Plan will provide this information to the extent it is able based on available records.

In addition to creating rights for the Plan Participants, ERISA imposes duties upon the people who are responsible for operation of the employee benefit plan. The people who operate our 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 employers, 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.

Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request available material from the Plan in writing and you do not receive them within 30 days, you may file suit in a federal court. In such case, the court may require the Plan administrator to provide the materials and pay 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 of federal court. If it should happen that Plan fiduciaries misuses 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 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 frivolous.

If you have any questions about the Plan, your rights or this statement, please contact the Fund Office. You may also direct any such questions to the nearest Office of U.S. Labor Management Services Administration, Department of Labor.