As a Participant in the Sheet Metal Workers’ National Pension Fund, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974, as amended (ERISA). ERISA provides that all Plan Participants are entitled to the following.

Receive Information About Your Plan and Benefits

• Examine, without charge, at the Fund Office, all documents governing the Plan, including insurance contracts and Collective Bargaining Agreements, the actuarial certification of plan status, the Rehabilitation Plan and Schedules, the Funding Improvement Plan, 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 (EBSA).
• Obtain, upon written request to the Board of Trustees, copies of documents governing the operation of the Plan, including insurance contracts and Collective Bargaining Agreements, the actuarial certification of plan status, the Rehabilitation Plan and Schedules, the Funding Improvement Plan, and copies of the latest annual report (Form 5500 Series) and updated Summary Plan Description. The Board of Trustees may make a reasonable charge for the copies.
• Receive a summary of the Plan’s Annual Funding The Board of Trustees is required by law to furnish each Participant with a copy of this Annual Funding Notice.
• Obtain a statement telling you whether you have a right to receive a pension at Normal Retirement Age (age 65), and if so, what your benefits would be at Normal Retirement Age if you stop working under the Plan If you do not have a right to a pension, the statement will tell you how many more years you have to work to get a right to a pension. This statement must be requested in writing and is not required to be given more than once every 12 months. The Plan must provide the statement free of charge.

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 interests 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 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. It is important to comply with all filing and appeal deadlines, to avoid jeopardizing your eligibility for, or the amount of, any potential benefit.

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 that 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 your claim is frivolous. Notwithstanding the foregoing, no legal proceeding may be filed in any court or before any administrative agency against the Fund, Plan, or its Trustees unless all review procedures with the Trustees have been exhausted. The period of time to file a civil action under Section 502(a)(1)(B) of ERISA is limited to no more than one year from the date of the written notice of the decision on appeal.

Assistance with Your Questions

If you have any questions about your Plan, you should contact the Board of Trustees. If you have any questions about this statement or about your rights under ERISA, or if you need assistance in obtaining documents, you should contact the nearest office of the Employee Benefits Security Administration (EBSA), U.S. Department of Labor, listed in your telephone directory, or:

Division of Technical Assistance and Inquiries Employee Benefits Security Administration
U.S. Department of Labor
200 Constitution Avenue, NW
Washington, DC 20210

You may also obtain certain publications about your rights and responsibilities under ERISA by calling EBSA’s toll-free Employee & Employer Hotline at (866) 444-3272 or visiting EBSA’s website.