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UFCW LOCAL 1776 and
PARTICIPATING EMPLOYERS HEALTH and WELFARE FUND |
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| Important Information |
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ERISA Statement The following statement explains the Department of Labor's interpretation of your rights under the Plan. As a participant in the Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security act of 1974, as amended (ERISA). ERISA provides that all participants of the Plan shall be entitled to:  Examine, without charge, at the Administrator's office, all Plan documents, including Collective
Bargaining Agreements and copies of all documents filed by the Plan with 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 Administrator.
The Administrator may make a reasonable charge for copies. Receive a summary of the Fund's annual financial report. The Administrator is required by law to
furnish each participant with a copy of this summary annual report.In addition to creating rights for Pan 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 your interest and that of other Plan participants and beneficiaries. The Plan is also subject to the prohibited transaction requirements of ERISA. 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 benefit or exercising your rights under ERISA. If your claim for a benefit is denied, in whole or in part, you must receive a written explanation of the reason for denial. You have the right to have the Administrator review and reconsider your claim. Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request materials 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 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 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. 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 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 if, for example, it finds your claim is frivolous. If you have a question, problem or complaint about this Fund or about you right to benefits under federal law, you can address your inquiry to the U.S. Department of Labor either by looking in the blue pages of your telephone book for the nearest office of the Pension and Welfare Benefits Administration, U.S. Department of Labor or by writing to the U.S. Department of Labor at the following address: |
| U.S. DEPARTMENT OF LABOR Division of Technical Assistance and Inquiries 200 Constitution Avenue, N.W. Washington, D.C. 20210 |
| Plan Continuation The UFCW Local 1776 and Participating Employers Health and Welfare Fund is intended to provide only the benefits described in this booklet. It does not provide any form or deferred compensation, nor does it create any vested rights. The Board of Trustees expects to continue this plan indefinitely. However, it reserves the right to amend, modify, suspend or terminate the Plan in whole or in part at any time. Funding of Benefits The UFCW 1776 and Participating Employers Health and Welfare Fund is funded solely by contributions from participating employers. At this time, participants of UFCW Local 1776 and Participating Employers Health and Welfare Fund are not expected or permitted to make contributions to the Plan, except to continue coverage under COBRA or for other conversion coverage. Assignment of Benefits You cannot assign, sell or pledge your benefits to another person, or use them as security for a loan. We will not pay benefits to anyone other than you or your covered dependents. There are several exceptions. For some benefits, such as medical coverage, it is customary for your doctor or other service provider to accept an assignment of benefit payment. In that case, the Plan will make payments on your behalf directly to that service provider. Another exception is court or administrative orders that require the Plan to pay benefits directly to someone other than a covered person or his or her beneficiary. The Plan must honor those court orders. When it is appropriate, the Plan may also withhold taxes from benefit payments. We may also honor tax liens or garnishes against your payments. Finally, the Plan may take deductions from benefit payments to recover previous overpayments or to coordinate benefits with other plans or to protect its rights to subrogation or reimbursement. |