ERISA Rights. As a participant in the Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA provides that all Plan participants shall be entitled to:
(a) Examine, without charge, at the Plan Administrator's office and at other specified locations (such as worksites) all Plan documents, including insurance contracts and copies of all documents filed by the Plan with the U.S. Department of Labor, such as detailed annual reports and Plan descriptions.
(b) Obtain copies of all Plan documents and other Plan information upon written request to the Plan Administrator. The Plan Administrator may make a reasonable charge for the copies. 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 this Plan, called "fiduciaries" of the Plan, have a duty to do so prudently and in the interest of you and other Plan participants and beneficiaries. 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 from 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 the denial. You have the right to have the Plan reviewed and your claim reconsidered. Under ERISA, there are avenues you can take to enforce the above rights. For instance, 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 $100 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 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 unsuccessful, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous. If you have any questions about your Plan, you should contact the Plan Administrator. If you have any questions about this statement or about your...
ERISA Rights. As a participant in the group insurance plan you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974. XXXXX provides that all plan participants shall be entitled to: Examine, without charge, at the Plan Administrator’s office and at other specified locations, such as worksites and union halls, all documents governing the Plan, including insurance contracts, collective bargaining agreements, and a copy of the latest annual report (Form 5500 Series) that is filed by the Plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Employee Benefits Security Administration. Obtain, upon written request to the Plan Administrator, copies of documents governing the operation of the Plan, including insurance contracts, collective bargaining agreements, and copies of the latest annual report (Form 5500 Series), and an updated Summary Plan Description. The 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.
ERISA Rights. To the extent this is an ERISA plan, the Member is entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). For purposes of this provision, the Group is considered the Plan Administrator and will be subject to the provisions stated below. ERISA provides that all Plan Participants (Members) shall be entitled to:
ERISA Rights. If you are enrolled in a private employer plan, then you may also have the right to bring a civil action under Section 502 (a) of ERISA following the full internal review of your complaint by Alliant.
ERISA Rights. Nothing in this Agreement is intended to surrender or waive any right the Employee may have under the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), including, but not limited to, any vested and accrued balances under Corporation's employee benefit plans, which accrued benefits shall be payable when and in accordance with the terms of the respective plans.
ERISA Rights. Notwithstanding the foregoing, if the claim involves a right covered by the Employee Retirement Income Security Act of 1974 ("ERISA") (e.g., severance pay pursuant to Section 6, 8(D) and 8(E) above) then the rights of the parties shall not be covered by either Section 16(A) or (B) but rather shall be covered by ERISA and incorporated herein by reference.
ERISA Rights. 6.1. The Husband and Wife specifically waive any right, whether created by any statute or otherwise, to pension, profit-sharing, or other retirement benefits earned by or credited to toe other, including, but not limited to, any joint or survivorship rights and any right which might arise in the event of the parties' separation or the dissolution of the marriage.
ERISA Rights. As a participant in the Plan, you are entitled to examine, without charge at the Plan Administrator’s office, all Plan documents filed for the Plan with the U. S. Department of Labor, such as annual reports, and obtain copies of all Plan documents and other Plan information upon written request to the Plan Administrator. The Plan Administrator may make a reasonable charge for the copies. You are entitled to 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. In addition to creating rights for Plan Participants, ERISA imposes obligations upon the persons who are responsible for the operation of the employee benefit plan. These persons are referred to as “fiduciaries” in the law. Fiduciaries must act in the interest of the Plan Participants and do so prudently. Fiduciaries who violate ERISA may be removed and required to make good any losses they have caused the Plan. Your employer may not fire you or discriminate against you to prevent you from obtaining a benefit or exercising your rights under EXXXX. If you are improperly denied a benefit in full or in part, you have a right to file suit in a federal or state court. You may also file suit in federal court if any Plan documents or any other materials you requested are not received within 30 days of your written request, and the court may require the Plan Administrator to pay up to $100 for each day’s delay until the materials are received, unless the failure was beyond the control of the Plan Administrator. If Plan fiduciaries are misusing the plan’s money, or if you are discriminated against for asserting your rights, you have the right to file suit in federal court or request assistance from the U. S. Department of Labor. The court will decide who should pay court costs and legal fees. If you are successful in your lawsuit, the court may, if it so decides, require the other party to pay your legal costs, including attorney’s 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 any questions about this
ERISA Rights. XXX Xxxx, the parties executed an antenuptial agreement whereby they agreed that “all of the property now owned or hereafter acquired by husband will remain his sole and separate property throughout the marriage. Wife shall not claim or acquire any interest in any of his property if it increases in value during the marriage, jointly held property being excepted.” The Colorado Court of Appeals upheld the waiver of rights other than survivor benefits, reasoning XXXXX provides the explicit requirements for a spouse’s waiver of rights to the qualified joint and survivor annuity and the qualified preretirement survivor annuity in a qualified ERISA plan. Regulations interpreting XXXXX’s statutory authority specifically state, “An agreement entered into prior to marriage does not satisfy the applicable requirements, even if the agreement is executed within the applicable election period.” Thus, a waiver of a right to survivor benefits in an ERISA-qualified plan in an antenuptial agreement is ineffective and the surviving spouse is entitled to the survivor benefits. A valid waiver can be enforced through a QDRO. XXX Xxxx, 914 P.2d 463 (Colo. Ct. App. 1995). r. C.R.S. § 14-2-310. Unenforceable Terms
(1) In this section, “custodial responsibility” means parental rights and responsibilities, parenting time, access, visitation, or other custodial right or duty with respect to a child.
ERISA Rights. Refer to Section 8 of the Summary Plan Description for your rights and protections under the Employee Retirement Income Security Act (ERISA).
