Rights Under The Employee Retirement Income Security Act (ERISA)

Participants in the Carpenters Health and Security Plan of Western Washington – For Retired Carpenters are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA provides that all plan participants are entitled to:

Receive Information About The Plan And Plan Benefits

• Examine, without charge, at the Trust Office and at other specified locations, such as worksites and union halls, all plan documents governing the plan, including insurance contracts and 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 insurance contracts and collective bargaining agreements, and copies of the latest annual report (Form 5500 Series) and an updated summary plan description. The plan 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.

Continue Group Health Plan Coverage

• Continue health care coverage for a spouse or dependent children if there is a loss of coverage under the plan as a result of a qualifying event. A spouse or dependent children may have to pay for such coverage. Review this plan booklet and the documents governing the plan on the rules governing COBRA Continuation Coverage rights.
• Reduction or elimination of exclusionary periods of coverage for preexisting conditions under the group health plan, if there is creditable coverage from another plan. A certificate of creditable coverage is provided, free of charge, from a group health plan or health insurance issuer when coverage is lost under the plan, when an individual becomes entitled to elect COBRA Continuation Coverage, when COBRA Continuation Coverage ceases, if a certificate is requested before losing coverage, or if it is requested up to 24 months after losing coverage. Without evidence of creditable coverage, an individual may be subject to a preexisting condition exclusion for 12 months (18 months for late enrollees) after the enrollment date in the coverage.

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 plan. These people who operate the plan, called “fiduciaries” of the plan, have a duty to do so prudently and in the interest of all participants and beneficiaries. No one, including the participant’s employer, union or any other person, may fire the participant or otherwise discriminate against him or her in any way to prevent the participant from obtaining a benefit or exercising his or her rights under ERISA.

ERISA Rights

If a claim for a benefit is denied or ignored, in whole or in part, the participant has 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 that can be taken to enforce the above rights. For instance:

• If the participant requests materials from the plan and does not receive them within 30 days, he or she may file suit in a federal court. In such a case, the court may require the plan administrator to provide the materials and pay up to $110 a day until the participant receives the materials, unless the materials were not sent because of reasons beyond the control of the plan administrator.
• If the participant has a claim for benefits which is denied or ignored, in whole or in part, he or she may request a hearing and appeal to arbitration. In the alternative, a suit may be filed, but the court may dismiss the action in favor of the Trust’s hearing and arbitration procedures.
• If it should happen that plan fiduciaries misuse the plan’s money, or if the participant is discriminated against for asserting his or her rights, he or she may seek assistance from the U.S. Department of Labor, or he or she may file suit in a federal court. The court will decide who should pay court costs and legal fees. If the participant is successful, the court may order the person sued to pay these costs and fees. If the participant loses, the court may order him or her to pay these costs and fees, for example, if it finds the claim is frivolous.

If there are questions about the plan, contact the plan administrator. If there are questions about this statement or about rights under ERISA, contact the Department of Labor at one of the following addresses, for assistance and information:

Pension and Welfare Benefits Administration,
U.S. Department of Labor,
Seattle District Office
1111 Third Avenue, Suite 860
MIDCOM Tower
Seattle, WA 98101-3212
Phone (206) 553-4244; or

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