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SUMMARY PLAN DESCRIPTION
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| Social Security Benefits. The pension you receive from the Plan is in addition to any Social Security benefit you may be entitled to receive. For more information about your Social Security Benefits you should contact the Social Security Administration by calling 800-772-1213 or visiting their website at www.ssa.gov. |
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Retirement
Checklist The
questions below have been prepared to help you think about some expenses
you may incur during retirement. During
your retirement years…
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When Your Benefits Begin
All pensions are effective as of the first of a month. You may apply for your pension while you are still working and you may continue to work up until the Effective Date of your pension. A Disability Pension will not be effective until the seventh month after the date of your disability or the month that follows receipt of your application by the Pension Benefits Department, whichever is later. Please file your application early to avoid a delay in receiving payments.
However, the Plan requires that you start receiving your pension payments by April 1 of the calendar year following the calendar year in which you reach age 70½.
If Your Application Is Denied
If your application for benefits is denied, the Plan will send you a written notice explaining the decision. The notice will include:
§ The specific reason or reasons for the denial,
§ Specific references to the Plan provisions on which the denial is based,
§ A description of any additional material or information you need to submit to perfect your claim and an explanation of why such material or information is necessary,
§ Appropriate information about the steps you must take to submit the claim for further review, and
§ A statement of your rights, under ERISA, to bring a civil action.
In general, to receive further review, you must appeal the denial of your claim in writing and you must send your appeal to the Pension Benefits Department. You must submit your request for review of the denied claim within 180 days of the date you receive the notice of denial. You or your authorized representative may review pertinent documents and may submit issues and comments with your written appeal. If you do not appeal within 180 days of the date you receive the notice of denial, you have waived your appeal rights. In that event, your only remedy is to initiate an action of law or in court within 90 days after the end of the 180-day appeal period.
In addition, when filing an appeal for a Disability Pension, you have the right to be advised of the identity of any medical experts and you may:
§ Submit additional materials, including comments, statements or documents,
§ Request to review all relevant information (free of charge). A document, record or other information is considered relevant if it:
Was relied upon by the Plan in making the decision,
Was submitted, considered or generated (regardless of whether it was relied upon), or
Demonstrates compliance with the claims processing requirements.
If your claim for a Disability Pension is denied based on an internal rule, guideline, protocol or other similar criteria, you have the right to request a free copy of such information.
Review Procedure
If your application is denied or you disagree with the benefit amount, you may request a review. The Appeals Committee of the Board of Trustees will decide on your request for review at its next regularly scheduled meeting. However, if the Pension Benefits Department receives your request for review less than 30 days before the meeting, the decision may be made at the second meeting following receipt of your request for review. If special circumstances require an extension, the decision may be made at the third meeting following receipt of your request and you will be given written notice of the extension before the date of the review.
Generally for Disability Pension claims, a decision will be made within 45 days of submission of your written appeal and the Plan will notify you within five days after the decision is made. If special circumstances require an extension of time, a decision will be made no later than 90 days after the date the Plan receives your request for review. However, the Plan may also make a decision at the next Appeals Committee meeting, unless your request is received within 30 days of that meeting in which case the appeal will be considered at the next following meeting.
The Appeals Committee will issue its decision in writing. The decision will include the specific reasons for the decision and specific reference to Plan provisions on which the decision is based. In addition, if your claim is for a Disability Pension, you will receive a statement notifying you:
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That you have the right to request a free copy of all documents, records and relevant information,
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That you may bring a civil action suit under ERISA, and
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Of any additional voluntary appeal procedures offered by the Plan.
The Trustees on the Appeals Committee have the sole and absolute power, authority and discretion to:
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Interpret the provisions of the Plan,
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Determine all questions of coverage and eligibility,
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Determine methods of providing or arranging for benefits, and
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Determine the standard of proof in any case.
The decision of the Appeals Committee will be accorded judicial deference in any court action or administrative proceeding you may bring after the decision on your appeal, unless the decision is found to be arbitrary or capricious.
The decision of the Appeals Committee is final and binding on all concerned. If you do not receive notice of a decision within the appeal period, the appeal is considered to be denied.
You must comply with the Plan’s procedures for review of your denied claim before you bring any action in court. No action in court may be brought against the Plan with respect to a claim more than 90 days after you receive the denial of your appeal.
| Important. You must exhaust the Plan's claims procedures before bringing any court or administrative action for Plan benefits. |
