
Electrical Pension Trustees Pension Plan No. 2
32 October 2012 y Pension Plan No. 2 - Construction Workers
• Obtain a statement telling you whether you have a right to receive a pension
benefit at your normal retirement age. This statement will tell you what your
pension benefits would be at your normal retirement age if you were to stop
working now. If you are not entitled to a pension benefit, the statement will tell
you how many more years you must work to earn one. You may request this
statement in writing, free of charge, once a year.
Prudent Actions by Plan Fiduciaries
In addition to creating rights for Plan participants, ERISA imposes duties upon
people who are responsible for the operation of the Plan. The people who
operate the Plan are called “fiduciaries” of the Plan and have a duty to do so
prudently and in the best interest of you and other Plan participants and
beneficiaries. No one, including your employer or any other person, may fire you
or otherwise discriminate against you in any way to prevent you from obtaining a
retirement benefit or exercising your rights under ERISA.
Enforce Your Rights
If your claim for a 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 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 Plan
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 the costs and fees, for example,
if it finds your claim is frivolous.
Allocation of Fiduciary Responsibility
The Plan Administrator has full power and discretionary authority to administer
the Plan. This includes, but is not limited to, discretionary authority to determine
all questions relating to eligibility to participate in, be covered by, and receive a
benefit under the Plan. The Trustees may rely on its administrative guidelines and
precedents and seek advice from a third party consultant or legal counsel. The
Trustees may delegate authority, in whole or in part, in certain circumstances,
subject to review by the Trustees under applicable procedures. Benefits will only
be paid when the Board of Trustees, or persons delegated by them to make such
decisions, decide, in their sole discretion, that the participant or beneficiary is
entitled to benefits under the terms of the Plan.