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OPERATING ENGINEERS
TRUST FUNDS

Your Rights Under ERISA

As a Participant in the Operating Engineers Local 12 Defined Contribution Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 as amendment (ERISA). ERISA provides that all Plan Participants shall be entitled to examine without charge at the Fund Office and at other locations, such as Local Union offices, all Plan Documents, including any insurance contracts, if any, 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.

You are entitled to obtain, upon written request to the Fund Office, documents governing the operation of the Plan, including insurance contracts if any and the collective bargaining agreements and copies of the latest annual report (Form 5500 series) and an updated Summary Plan Description.

The Plan Administrator may charge reasonable copying charges for such documents.

You may obtain a statement telling you whether or not you have a vested right to receive a pension at normal retirement age (age 65) and your current individual account balance. Participants may obtain information as to their individual account balance free of charge by logging on to the Mass Mutual website at: www.retiresmart.com.

In addition to creating rights for Plan Participants, ERISA imposes duties upon the people who are responsible for the operation of this employee benefit plan. The people who operate this Plan, called ” fiduciaries” of the Plan, have a duty to act prudently and in the interest of you and other Plan Participants and beneficiaries. No one, including your employer, Operating Engineers Local 12 or any other person, may fire you or otherwise discriminate against you in any way, to prevent you from obtaining benefits or exercising your rights under ERISA. If your claim for a benefit is denied, in whole or in part, you must receive written explanation for the reason of the denial. You have a right to have the Board of Trustees review and reconsider your claim. The procedure for appealing a benefit denial is described under Appeal Procedures.

Under ERISA, there are steps you can take to enforce your 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 case, the court may require the Plan Administrator to provide the materials to you and pay you up to $110 per 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 fail to take appropriate action concerning the status of a qualified domestic relations order, you may file suit in federal court. In addition, if you disagree with the Plan’s decision or lack thereof concerning the status of a qualified domestic relations order, you may file suit in Court. If it should happen that the 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 first 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, the court finds your claim is frivolous.

If you have any questions about your rights, you should contact the Administrative Office of the nearest area office of:

Employee Benefits Security Administration (U.S. Department of Labor)
1055 East Colorado
Boulevard, Suite 200
Pasadena, California 91106-2341
Telephone number (626) 229-1000

Participation

You are entitled to participate in this Plan if you work under one of the Collective Bargaining Agreements or Participation Agreements, as described in Funding and Contributions.

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